Terms & Conditions

Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the app. By accessing or using the app or by using the service, you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the app and immediately terminate your use of the services.

The Terms and Conditions (as may be amended from time to time, the "Agreement") is a legal contract between you, an individual customer, member, user, buyer, or beneficiary of this service of at least 18 years of age ("You"), and Nayara Energy Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its office at 5th Floor, Jet Airways Godrej BKC, Plot No. C-68, G Block, Bandra Kurla Complex, Bandra East, Mumbai 400051. Fleet Plus program is owned/operated by Nayara Energy Limited. Nayara Energy Limited reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the "Terms & Conditions" link from time to time to stay abreast of any changes that the "Fleet Plus program" may introduce.

Terms & Conditions:

1. Fleet Plus is a fuel and fleet program designed as an expense management tool targeted to B2B & B2C customers. This program is operated by Nayara Energy Limited, hereinafter called as “Nayara Energy Limited”.
2. “Nayara Energy Limited RO” means select Nayara retail outlets (petrol pumps) authorized by Nayara Energy Limited to accept payment from customers for fuel purchase using Fleet Plus program.
3. The word “Program” refers to Fleet Plus program operated by Nayara Energy Limited.
4. “Customer/Member” means a business entity which is a member of Fleet Plus program on approval after enrolment.
5. “User” means individual members of Fleet Plus program who may use the Fleet Plus for fuel purchase.
6. T & Cs are liable to change without prior notice.
7. Fleet Plus is a registered trademark and hence is property of Nayara Energy Limited. Nayara Energy Limited reserves the rights and authority related to usage of the trademark and the loyalty program. Unauthorized use of this trademark is strictly prohibited.
8. Members of Fleet Plus program earn reward points on their fuel purchases at Nayara Energy Limited ROs.
9. FP Money account means Entity Prepaid account which is the central cash management system for fund transfer and allocation to various users.
10. Franchisee Credit account are those where the Franchisee at its sole discretion may assign credit facility to the registered member of Fleet Plus program.
11. "Credit-Limit / Purchase Limit" means the limit up to which the Member/User is authorized to spend on fuel.

Loading & Payment - Prepaid

1. Prepaid account (referred as FP Money Account) are closed user group prepaid payment instrument, where the amount to be loaded will through RTGS/NEFT to the FP Money Account. The amount loaded on to the FP Money Account is a payment towards future purchases at participating Nayara Energy Limited ROs.
2. Various limits applicable on purchases & other transactions through the Fleet Plus program will be as decided by Nayara Energy Limited..
3. In any case at any point of time, the amount loaded on to the ECMS account will not be refunded as cash by Nayara Energy Limited.
4. FP Money Account (also referred as ECMS Account) is a central account provided to Entity or manager of Entity for effective management of the funds for fuel purchase by the linked users. A transaction fee may be charged on FP Money transaction and will be decided by Nayara Energy Limited from time to time
5. Manager will have the rights to link or delink users to the FP Money Account. Managers can set limits for the users to access the FP Money Account. At any given time, one user can be linked to only one FP Money account. Users will have option to use their own FP Money or linked FP Money account or linked Franchisee Credit account for making payment towards fuel purchase.

Payment & Repayment - Credit

1. Post enrolment in the Fleet Plus program, Franchisee of Nayara Energy Limited RO can create Franchisee Credit account for registered managers having FP Money account. The credit limit assigned by the Franchisee is the sole decision of the Franchisee. Nayara Energy Limited is not responsible for the performance of the Franchisee Credit account.
2. Nayara Energy Limited has created the platform to help franchisee and customer track the credit issued, credit used and credit settled on real time basis. Usage of Franchisee Credit account is the sole responsibility of the customer and the franchisee. Nayara Energy Limited is not liable, party or responsible to the terms of the Franchisee credit account.
3. Credit outstanding in the Franchisee Credit account can be settled using FP Money account which will update the balances in the Franchisee Credit account. Offline settlement of credit outstanding will not reflect in the Franchisee Credit account.

Accrual of reward points and redemption:

1. The currency of the reward program is called points.
2. Points will be earned as per program rules, which can change at any time on sole discretion of Nayara Energy Limited.
3. Points can be redeemed for rewards in accordance of terms and conditions of the program.
4. Points will be valid for 1 year from the year of earning.
5. Entity will earn points on all the transactions using ECMS and using FC (but capped to the amount settled in that month) of all the locations.
6. Users will earn points on all the transactions using FP Money and Franchisee Credit.
7. FP Points can be redeemed for rewards only by the member or an authorized representative of the member.
8. FP Points cannot be exchanged for cash at any point of time. These points may only be redeemed for fuel or gifts or any other benefits as per the terms and conditions of the Fleet Plus program.
9. FP Points are presently rewarded on monthly basis (after a month ends), based on purchase by a customer in a month and on the usage of FP Money.
10. Members cannot transfer, sell or assign points or benefits to any other entity in violation of program rules. Nayara Energy Limited will be free to take any action as it may deem fit in such cases.
11. In case a member has not been credited with points for any transaction, he or she must inform Nayara Energy Limited in writing, enclosing the original invoice of the transaction.
12. Nayara Energy Limited reserves the right to add, change or cancel any redemption option / terms and conditions without prior notice at any point of time. Nayara Energy Limited also reserves the right to cancel any redemption request on suitable grounds (like improper and incomplete address or product unavailability etc.). Points will be credited back to the member’s point account within a reasonable period. Points required for these redemption are subject to change from time to time, without prior notice.
13. In case of Fuel redemption, the customer can redeem full or part of available points (subject to terms and conditions). The equivalent value of points will be credited to their FP Money Account.
14. Nayara Energy Limited, from time to time, may give additional reward points for select transactions (say loading through RTGS/NEFT, usage of FP Money, etc.)

Use of EFT (Electronic Fund Transfer):

1. Any member wishing to avail EFT facility needs to get in touch with the concerned Nayara Energy Limited TSM/DFM.
2. NEFT / RTGS procedure prescribed by competent authority should be followed in this respect. Nayara Energy Limited will not be responsible for any delay or cancellation of transaction, since this is a banking procedure
3. The member shall get in touch with their existing bank for terms and conditions of EFT.

General T & Cs:

1. The member shall extend all co-operation to the forecourt personnel at the Retail Outlets to complete the transaction.
2. You acknowledge and agree that your purchases through Nayara Energy Limited are transactions between you and the merchant and not with Nayara Energy Limited or any of their affiliates.
3. Fleet Plus may only be used for Indian Rupee transactions within India. Nayara Energy Limited does not support payments in foreign currencies.
4. Receipts at Merchant Locations. You may receive a transaction receipt from a merchant when you use Fleet Plus. Nayara Energy Limited is under no obligation to provide you with a receipt or other written confirmation in connection with the charge made at a merchant location.
5. Limits on Merchants and Purchases. We may impose limits on merchants where you can use Nayara Energy Limited.
6. Periodic Statements. You agree that we will not provide you with a separate periodic statement for your use of Fleet Plus. An electronic transaction history showing all transactions with Nayara Energy Limited will be made available on the Fleet Plus web login. You are responsible for reviewing the Account transaction history.
7. The list of participating petrol pumps may change at any point of time, without any prior notice. However, the latest list may be obtained from Nayara Energy Limited by requesting for the same or can be obtained from the website.
8. The program is for facilitating cashless purchase of products from designated Retail Outlets for the members enrolled under the program. Card member should ascertain and satisfy himself about the products and amount charged to the Account at the designated Retail Outlets.
9. Nayara Energy Limited shall endeavor to make available the products at the designated Retail Outlets during their normal working hours barring any situation/ circumstances beyond the control of Nayara Energy Limited. Nayara Energy Limited shall however not be responsible or liable for non-delivery, inability or refusal to deliver products by any of the designated Retail Outlets during the normal business hours. However such incidents may be reported to the respective TSM.
10. The relationship between Nayara Energy Limited and the member is fiduciary and governed by the Terms and Conditions herein. Nayara Energy Limited does not assume any responsibility for any act of commission or omission by / at the designated Retail Outlets, including but not limited to any fault, error, or discrepancy that may occur in the card reader, terminals and network, failure, refusal, negligence, on the part of the designated Retail Outlets to dispense the products.
11. The member undertakes that they will not dispute the correctness of the transaction slip generated by the tablets once the transaction has been duly authenticated by the member by way of using the OTP.
12. Nayara Energy Limited can discontinue Fleet Plus membership to any member who violates the terms and conditions of the program, including redemption of rewards. Nayara Energy Limited also reserves the right to discontinue membership of any member whose actions are inconsistent with local or state laws, statutes or ordinances. In such cases, members will lose all accumulated points as well as rewards, benefits and privileges associated with the program
13. Nayara Energy Limited reserves the right to interpret the program rules at its sole discretion.
14. The program rules can be changed, modified or deleted by Nayara Energy Limited at its sole discretion, with or without notice, even though changes may affect the value of points or rewards already accumulated. Nayara Energy Limited may increase or decrease the number of points required to claim a reward, or limit the number of participating outlets for a particular reward.
15. A number of services and benefits are available to the members of Fleet Plus program. These services and benefits are offered solely at the discretion of Nayara Energy Limited and are subjected to change time to time.
16. The Fleet Plus program rules cannot be construed as establishing an agency, partnership or joint venture between Nayara Energy Limited and the members.
17. Nayara Energy Limited expects every member to be knowledgeable about the program rules and the number of points in their account. Members will be advised on matters of interest, including notification of program changes and sale/purchase statements from time to time.
18. In case of cancellation of the membership, no amount is refundable.
19. Terms and conditions of the Fleet Plus Program are governed by the laws of the Republic of India and will be restricted to the Mumbai jurisdiction under the Mumbai Court.
20. In case, the member account is not used for more than 3 years, such accounts shall be closed suo moto by Nayara Energy Limited and customer will be intimated accordingly. Loyalty points, if any, in such accounts will lapse immediately upon such closure. If there are any funds available, the same shall be refunded to the account holder only if proper claim is lodged within 3 months of such closure and only after thorough scrutiny of the fleet account. No interest charges or any charges for delay in settlement shall be payable by Nayara Energy Limited. If no proper claim is lodged by the member within 3 months of closure of account, such balances available in closed accounts shall be forfeited.

Communication Policy

By accepting the terms and conditions the customer accepts that Nayara Energy Limited. may send the alerts & notification to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in 'On' mode to receive the SMS. If the mobile phone is in 'Off' mode then the customer may not get / get after delay any alerts sent during such period. The customer acknowledges that the SMS service provided by Nayara Energy Limited is an additional facility provided for the customer's convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, Nayara Energy Limited shall be immediately informed about the same by the customer and Nayara Energy Limited will make best possible efforts to rectify the error as early as possible. The customer shall not hold Nayara Energy Limited liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility. The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. Nayara Energy Limited shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever. By accepting the terms and conditions the customer acknowledges and agrees that Nayara Energy Limited may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their usage of services.

Termination & Agreement Violations

You agree that Nayara Energy Limited, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Services and remove and discard all or any part of Your account, Your user profile, or Your recipient profile, at any time. Nayara Energy Limited may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Nayara Energy Limited will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Nayara Energy Limited may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.

Limitation of Liability and Damages

In no event will Nayara Energy Limited or its contractors, agents, licensors, partners, or suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to

• this agreement,
• the services, the site or any reference sites, or
• your use or inability to use the services, the web/app (including any and all materials) or any reference site, even if Nayara Energy Limited or a Nayara Energy Limited authorized representative has been advised of the possibility of such damages.

In no event will Nayara Energy Limited or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers' shall be liable to you for all damages, liabilities, losses, and causes of action arising out of or relating to

• this Agreement,
• the Services,
• Your use or inability to use the Services or the app (including any and all Materials) or any Reference Sites

Indemnification

ou agree to indemnify, save, and hold Nayara Energy Limited, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Services or of the Site, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. Nayara Energy Limited reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Nayara Energy Limited, including rights to settle, and you agree to cooperate with Nayara Energy Limited's defense and settlement of these claims. Nayara Energy Limited will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer & No Warranties

To the fullest extent permissible pursuant to applicable law, Nayara Energy Limited and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Nayara Energy Limited or through the services or the app will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term "Nayara Energy Limited." includes Nayara Energy Limited's officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that the role of Nayara Energy Limited is limited to being a payments service facilitator and is not liable for any goods or services offered by merchants accepting payments through Fleet Plus. You expressly agree that use of the services and the app is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the app or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the app will be corrected. The services and the app and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an "as is" and "as available," "with all faults" basis and without warranties or representations of any kind either express or implied. Nayara Energy Limited, and its third party suppliers, licensors, and partners do not warrant that the data, Nayara Energy Limited software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Nayara Energy Limited and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise. you understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your mobile phone system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will Nayara Energy Limited be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.

Ownership & Proprietary Rights

The Services and the web/app are owned and operated by Nayara Energy Limited and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by Nayara Energy Limited (the "Materials") are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Nayara Energy Limited, all Materials, trademarks, service marks, and trade names contained on the Site are the property of Nayara Energy Limited and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Nayara Energy Limited or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by Nayara Energy Limited, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Nayara Energy Limited reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Nayara Energy Limited, and shall assign to Nayara Energy Limited, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

Nayara Energy Limited reserves the right to change, modify, add, or remove portions of this Agreement (each, a "change") at any time by posting notification to the Nayara Energy Limited website or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, Nayara Energy Limited may be required under applicable law to give you advance notice, and Nayara Energy Limited will comply with such requirements.

Waiver

The failure of Nayara Energy Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Nayara Energy Limited.

Arbitration

Nayara Energy Limited may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The seat of arbitration shall be conducted in Mumbai, India Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai, India, necessary to protect the rights or the property of you or Nayara Energy Limited (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of an arbitration will be borne equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.

Governing Law and Forum for Disputes

Except as otherwise agreed by the parties or as described in the Arbitration Act, you agree that any claim or dispute you may have against Nayara Energy Limited must be resolved by a competent court located in Mumbai, India. You agree to submit to the l jurisdiction of the courts located within Mumbai, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Assignment

This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent of Nayara Energy Limited which may be withheld in its sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.

Consent

By using Nayara Energy Limited and/or by providing your information, you consent to the collection and use of the information you disclose on Nayara Energy Limited, including but not limited to your consent for sharing your information.