Terms and Conditions

1. This app will be governed by the Terms and Conditions contained herein below (“T & C”). Each User agrees that he/she has read and understood the T & Cs and each user agrees to be bound by the T & Cs.

2. The app and website have been designed for ordering 12kg LPG cylinders for domestic use at homes. In addition, the app could also be used to run other marketing promos.

3. By accessing and using this app, the user represents, warrants and agrees that:
(i) The user is a resident of India, are above the age of 18 and are competent to contract;
(ii) The user is able to create a binding legal obligation;
(iii) The user is not barred from receiving products or services under applicable law;
(iv) The use of the app at all times comply with these T & Cs;
(v) The user shall provide any and all information as is required and all such information is accurate, true, correct and complete;
(vi) The User will update the correct information and ensure that it is accurate at all times.
(vii) This shall constitute permission and consent for TEMIPL and its affiliates to store in its database and also use the user’s name, telephone numbers, e-mail ids, Permanent Account number, Aadhar card number, and other details and information (“Personal Information”) without any additional compensation whatsoever.
(viii) This shall constitute permission for TEMIPL to share the Personal Information with its affiliates and/or any new banking partner/third party payment bank that it may tie up with from time to time to facilitate transfer of funds to User bank account.
(ix) The User shall bear all the risks of the banking channels and the risk of TEMIPL sharing Personal Information to the banks and other third-party payment providers, subject to reasonable standard measures adopted by the banks and such third party service providers to ensure security of such channels.
(x) Downloading the app shall be deemed to be consent by the User to receive the promotional messages about the ap and programs of TEMIPL.
(xi) The User understands that expected time of arrival quoted after confirming the Order is an approximate estimate. TEMIPL will not be responsible for any delay in the delivery of an Order.

4. Usage of the app (i) If you wish to purchase any product or service made available through the EasyGas app or website, you may be asked to supply certain information relevant to your Purchase including but not limited to, your billing address, contact number and your shipping information
(ii) We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons
(iii) EasyGas is an application developed by TotalEnergies but serviced though the authorized distributor network of Total Oil India Pvt. Ltd.
(iv) By using the application, you grant us the permission to use location coordinates which would only be used to deliver the product to you at the right address and in the address field.

5. RULES ABOUT USE OF THE SERVICE
(i) TEMIPL does not guarantee that this app is perfect or free from faults or the information contained is completely accurate. If you have any issues or concerns, please contact 1800-833-5855.
(ii) Although we make reasonable efforts to update the information provided by app, we make no representations, warranties or guaranties, whether express or implied, that such information is accurate, complete or up to date. App and the services have not been developed to meet your individual requirements. Please check that the facilities and functions of the app meet your requirements.
(iii) We do not warrant that your use of the Services or the Mobile Application will be uninterrupted, and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time.
(iv) We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.
(v) We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application and website from time to time. Your access to the Mobile Application, website and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile Application at any time.
(vi) We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.

6. SUSPENSION AND TERMINATION
(i) If you use (or anyone other than you, with your permission uses) the Mobile Application, any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Mobile Application.
(ii) If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
(iii) Without limitation to anything else in this Clause, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Mobile Application; (b) suspend your use of the Services and/or Mobile Application; and/or (c) suspend the use of the Services and/or Mobile Application for persons we believe to be connected (in whatever manner) to you, if:
- you commit any breach of these Terms and Conditions of Use;
- we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
- we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
(iv) Our rights under this Clause shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

7. DISCLAIMER AND EXCLUSION OF LIABILITY
(i) The Mobile Application, the Services, the information on the Mobile Application and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
(ii) To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
(iii) We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
(iv) While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness.
(v) In no event shall TEMIPL, its promoters, affiliates, group companies and their respective officers, directors, agents and employees be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
(vi) We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
(vii) Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.

8. INDEMNITY
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

9. INTELLECTUAL PROPERTY RIGHTS
(i) All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers,as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
(ii) Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.
(iii) We will not hesitate to take legal action against any unauthorized usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved.

10. AMENDMENTS
(i) We may periodically make changes to the contents of the Mobile Application at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.
(ii) We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

11. APPLICABLE LAW AND JURISDICTION
Any dispute with regard to the app will be subject to the jurisdiction of competent courts in Mumbai only. In the event of any dispute or difference between the user and TEMIPL arising out or in any was relating to these T & C, the same shall be referred to arbitration to be conducted by the sole arbitrator to be mutually appointed by the Parties. The arbitration proceedings shall be conducted in Mumbai, in accordance with the provisions of Arbitration and Conciliation Act 1996.

12. Privacy Policy
All user personal details must be valid and up to date and will be held by TEMIPL and may be used for the purpose of the app and for future promotion and marketing purposes in accordance with TOIPL Privacy Policy ( https://www.totalenergies.com/privacy.) unless otherwise directed by the users at the time of using the app.

TEMIPL collects the following information
(i) Information that you provide to TEMIPL, such as when you create your EasyGas account.
(ii) Information created when you use our services, such as location, usage and device information.
TEMIPL collects the following categories of information
Information you provide includes information submitted when you:
(i) Create or update your EasyGas account, which depending on your location and the services you use may include your name, email, phone number, login name and password, address, payment or banking information, government identification numbers, date of birth and picture.
(ii) Request services through EasyGas app or website
(iii) Contact EasyGas, including for customer support
(iv) Contact other EasyGas users through our services
(v) Complete surveys sent to you by EasyGas
Information created when you use our services includes:
(i) Location Information
Depending on the services that you use, and your app settings or device permissions, TEMIPL may collect your precise or approximate location information as determined through data such as GPS, IP address and WiFi.
If you are a vendor or delivery partner, TEMIPL collects location information when the EasyGas app is running in the foreground (app open and on-screen) or background (app open but not on screen) of your device.
If you are a customer, TEMIPL may collect location information when the EasyGas app is running in the foreground.
Customers may use the EasyGas app without enabling their location information. However, this may affect the functionality available on your EasyGas app. For example, if you do not enable TOIPL to collect your location information, you will have to manually enter your collection address. In addition, location information will be collected from the driver partner during your trip, even if you have not enabled your location information.
(ii) Transaction Information
We collect transaction details related to your use of our services, including the type of services you requested or provided, date and time the service was provided, amount charged, and other related transaction details. Additionally, if someone uses your promotion code, we may associate your name with that person.
(iii) Device Information
We may collect information about the devices you use to access our services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information and mobile network information.
(iv) Log Information
When you interact with our services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser and the third-party site or service you were using before interacting with our services.
(v) Calls and text messages
We enable users to call the customer support and driver through the EasyGas app. For example, we may enable delivery partners and recipients, to call each other. TEMIPL may also use this information for customer support services (including to resolve disputes between users), for safety and security purposes, and for analytics.
(vi) Information from other sources
These may include users providing feedback, such as ratings or feedback/reviews.

TEMIPL may amend the Terms related to the Services from time to time. Amendments will be effective upon TEMIPL’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

For the purpose of these Terms of Use, wherever the context so requires, “you” shall mean any natural or legal person who has agreed to become a buyer or customer on the Platform by providing Registration Data while registering on the Platform as a registered user using any computer systems. The terms “TOIPL”, “EasyGas”, “we”, “us” or “our” shall mean TotalEnergies Marketing India Pvt. Ltd.

The Service
EasyGas app enables transactions between TEMIPL LPG distributors and buyers or customers (“Platform Services”). The buyers or customers (“Buyer/s”) can choose and place orders (“Orders”) from variety of products listed and offered for sale by TEMIPL LPG distributors on the Platform and EasyGas app enables delivery of such orders at select localities of serviceable cities across India (“Delivery Services”). The Platform Services and Delivery Services are collectively referred to as “Services”.

Use of Platform and Services
All commercial/contractual terms are offered by and agreed to between Buyers and TEMIPL LPG Distributors (vendors) alone. The commercial/contractual terms include without limitation taxes, payment terms, date, warranties related to products and services and after sales services related to products and services. TEMIPL may, however, offer support services to TEMIPL LPG distributors and customers in respect to order fulfilment, payment collection, call center, and other services, pursuant to independent contracts executed by it with the distributors.
All distributor offers and third-party offers are subject to respective party terms and conditions. TEMIPL takes no responsibility for such offers.
TEMIPL is operating an online ordering and delivery service and assumes the role of facilitator and does not at any point of time during any transaction between customer and distributor on the Platform come into or take possession of any of the payment related issues.

Terms of service
You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order request. You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order. However, TEMIPL will always strive to ensure delivery within the shortest time possible.
You order will be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall be charged.
Delivery in the event of change of the delivery location shall be at our sole discretion. You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall be charged the total cost of the order at the time of ordering. Our decision in relation to this shall be final and binding.

Information notice - personal data collection
In the framework of https://totalenergies.in , and in accordance with personal data protection regulation, TotalEnergies Marketing India Private Limited, as data controller, processes your personal information Data of identification (First name, last name), Login data (IP address), Location data (GPS data), Images & sounds (Photos), Personal life data (Age, Home address) for the purposes of Marketing and Customer relationship and to respond to requests received. Processing is based on consent.
Your data will be kept for a period time strictly necessary for the ultimate purpose not exceeding 5 years after closure of business or resignation from channel partner company.
In order to satisfy the processing indicated above, your data are sent to: TotalEnergies Marketing India Private Limited and the application developer.
If you agree, your data also may be transferred to TotalEnergies business partners which are likely to send you commercial offers by email and/ or message.
Your data transfers are governed by Binding Corporate Rules (BCR) that you can find here https://www.totalenergies.com/privacy
In accordance with the current regulations, you have the right to access and correct your data and to give post-mortem instructions. You have also the right to delete your data and to data portability and you can request a restriction of processing and to withdraw your consent.
To exercise your rights and question us about your personal data processing, you can contact Customer services at customercare.india@totalenergies.com or by contacting the Data Privacy Liaison at MS-IN.DPL.TEML@totalenergies.com or 3rd Floor, The Leela Galleria, Andheri Kurla Road, Andheri (East), Mumbai – 400059.
If you feel, after contacting us, that your rights have not been respected, you can lodge a complaint with the competent supervisory authority.
Find out more about your data management and your rights https://www.totalenergies.com/privacy