A) Welcome to our website and mobile application. Our website can be accessed at www.fuvay.com (the “Website” or “Site”) and such term includes reference to other websites that Fuvay Technologies Private Limited operates. The Company’s mobile application (“Mobile Application”) can be downloaded from the Google Play Store and the Apple App Store. The Website and Mobile Application is operated by Fuvay Technologies Private Limited (“Fuvay”). Please read the following terms and conditions (“ Terms and Conditions”) carefully before using the Website and/or the Mobile Application.
(B) By accessing and using this Website and/or Mobile Application and/or your availing of the Product, you hereby agree to be legally bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please discontinue use of the Website and/or the Mobile Application.
(C) Fuvay reserves the right to change, modify, suspend of discontinue the whole or any portion of the Product, Website or Mobile Application at any time. Fuvay may also impose limits of certain features or restrict your access to part of or the entire Product, Website or Mobile Application without notice or liability. Further, Fuvay may introduce new products and services and modify its existing products and services that are made available to Users through the Website and/or the Mobile Application and/or any other medium.
(D) Fuvay may from time to time vary or amend these Terms and Conditions and will notify you of the same. Any use of the Product after the amendment of these Terms and Conditions will be deemed to be acceptance of the amended Terms and Conditions by you. If you do not agree to the amended Terms and Conditions, you have the right to close your Account ( as defined below) and/or cease using the Product.
(E) Any rights not expressly granted herein are reserved.
In these Terms and Conditions, the following definitions shall apply unless the context does not permit such application:
“Account” means a registered User Account opened under this Website or the Mobile Application.
“Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Website, the Mobile Application or the Product.
“Fuvay Data” means all content of Fuvay that is made available on or via this Website and/or the Mobile Application.
“License” means the formal authority granted by the User to Fuvay for purposes specified in Clause 8.1.
“Product” is defined in Clause 2.1.
“Servers” means a computer software, systems and servers hosting, operating, managing providing or contributing to the Website, the Mobile Application and the Platform.
“Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you.
“User” means a registered user of the Product.
“User Data” means all data provided by the User to Fuvay pursuant to the use of the Product.
“User Content” means all content on this Website and/or Mobile Application which is transmitted, posted or uploaded by a User of the Website and/or the Mobile Application.
“Website” means www.fuvay.com.
The words “include” and “including” shall not be construed as having any limiting effect.
The headings in these Terms and Conditions do not have any legal effect nor shall they affect the construction of these Terms and Conditions in any way.
Website, Mobile Application and Product
2.1 Fuvay offers a technology platform that provides, through its platform , services that assist its Users to place orders and purchase product through the use of vehicles on which product are placed and delivered.
2.2 Users shall be able to access the Platform and the Product through Fuvay’s Website and/or the Mobile Application. In order to avail the Product, Users are required to create an Account on the Website and/or the Mobile Application.
2.3 You agree to provide Fuvay with the requested information at the time of the creation of the Account on the Platform.
2.4 Upon creation of an Account, Users shall be able to use the Website and/or the Mobile Application to place orders for products and such orders shall be delivered by Fuvay to the Users’ designated address(es).
2.5 You agree to use the Website and/or the Mobile Application to: (a) purchase products available and as displayed on the Website and/or the Mobile Application and on the Fuvay’s stores; (b) avail discounts and other offers that Fuvay may make available from time to time; and (c) provide Fuvay with feedback and/or comments in relation to the Product, Website, Mobile Application and/or other ancillary services. Please note that Fuvay does not send spam e-mail in relation to its services.
2.6 The availability of the Product shall be at the sole discretion of Fuvay.
3.1 You are an authorized user of the Product and the services provided in relation thereto. You have been given access to the Product pursuant to the creation of a User Account.
3.2 You agree that your Account is for your sole, personal use and you agree not to:
(a) share with or permit others to use your Account or password; or
(b) Assign or otherwise transfer your Account to any other person or entity.
3.3 You shall promptly notify Fuvay of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username and/or password. You shall be solely responsible for safeguarding and maintaining the confidentiality of your username and/or password.
3.4 Fuvay shall have no responsibility or liability whatsoever for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your username and/or password.
3.5 You agree that Fuvay reserves the right to change or re-assign usernames and/or passwords at its sole discretion by giving you notice. Fuvay shall not be liable in any way whatsoever for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.
3.6 These Terms and Conditions remain effective until the User terminates his Account, or the User’s access to the Product and the services provided in relation thereto has been terminated by us.
Conduct Use Conditions
4.2 You agree to monitor and control all activity conducted through your Account in connection with the use of the Product.
4.3 You agree not to reproduce, display or otherwise provide access to the Product, Fuvay Data or Third Party User Data on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Fuvay.
4.4 You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Website.
4.5 You undertake to comply with these Terms and Conditions and such other notices or guidelines that may be posted on the Website and/or the Mobile Application by Fuvay or provided to you via e-mail or other intimation when you log-in to your Account (which are hereby incorporated by reference into these Terms and Conditions).
4.6 You undertake not to use any service(s) in relation to the Product and/or the Product for any unlawful purpose and to comply with all applicable laws and regulations, including without limitation, copyright law.
4.7 You undertake not to hack into, interfere with, disrupt, disable, over-burden or otherwise impar the proper working of the Website, the Mobile Application and/or the services connected thereto, which shall include but not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.
4.8 You undertake not to sublicense, resell, time-share or similarly exploit the Product and/or the services provided in relation thereto.
4.9 You undertake not to use the Account of another User at any time, whether with or without his/her permission.
Rules for Online Conduct
5.1 You agree not to submit any Data that:
(a) contains vulgar, profane, abusive, hateful, sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
(b) is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates privacy rights or rights of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any person, business or entity;
(c) unfairly interferes with any third party’s uninterrupted use and enjoyment of the Product and the services in relation to the same;
(d) is intended to primarily to promote a cause or movement, whether political, religious or other;
(e) constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
(f) discloses any personal identifying information relating to a minor without the consent of a parent, guardian or educational supervisor;
(g) contains viruses or other harmful, disruptive or destructive files;
(h) links to any commercial website; and
(i) is not otherwise in compliance with these Terms and Conditions.
Fees and Payments
6.1 Fuvay does not charge Users to create an Account on the Website and/or the Mobile Application. However, Fuvay reserves the right to change such policy from time to time and such change shall be notified to Users through these Terms and Conditions.
6.2 Unless otherwise stated, all fees on the Website and/or Mobile Application shall be quoted in Indian Rupees. Users shall be solely responsible to complying with these Terms and Conditions, including making payment for use of the Product.
6.3 Fuvay provides Users with the following methods to make payment upon use of the Product: (a) cash on delivery; and (b) offline and online payment gateways through the use of the Users’ debit or credit cards and upi.
6.3 Fuvay shall not responsible for any loss or damage arising directly or indirectly to you arising out of or due to: (a) exceeding of any payment limits as agreed between you and your bank; (b) any payment issues pursuant to a transaction to purchase the Product; or (c) declining of a transaction to purchase the Product.
User License Grant to Fuvay
7.1 You grant Fuvay, its affiliates and related entities a royalty-free and non-exclusive right and license to use, copy, display, archive, store, publish, transmit, distribute, reproduce and create derivative works from all the Data you provide to Fuvay in any form, media, software or technology of any kind now existing or developed in the future (“ License”). Without limiting the generality of the previous sentence, you authorize Fuvay to use and process your Data in connection with the use of the Product by you. You grant all rights described in this clause in consideration of your use of the Product and the services provided in relation thereto without the need for additional compensation of any sort to you. This License will continue perpetually unless your use of the Product terminates, or your access to the Product and the services provided in relation thereto has been terminated by us.
Cancellation, Termination and Suspension of User Account and/or the Product
8.1 Fuvay shall be entitled at any time, at its sole and absolute discretion and, without prior notice in the case of a material breach of these Terms and Conditions by you as determined by Fuvay, to add to, vary, terminate, withdraw or suspend the operation of the whole or part or feature of the Website, Mobile Application and/or the services provided in relation thereto, your Account and/or your access to all or any part of the Website, Mobile Application or the services provided in relation thereto, for reasons including but not limited to:
(a) breaches and/or violations of the Terms and Conditions and/or relevant agreements;
(b) to comply with the law or with legal process (such as pursuant to court order, sub poena, or a request by law enforcement officials);
(c) upon your request;
(d) extended periods of inactivity by a User;
(e) engagement in fraudulent or illegal activities; and
(f) non-payment of fees and/or charges in relation to the use of the Product and the services provided in relation to the same by you.
8.2 You agree that access to or operation of the Website, Mobile Application, Servers and/or the services provided in relation to the Product may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors.
8.3 Fuvay shall not be liable in any way whatsoever for any loss, liability or damage that may be incurred as a result of the above.
9.1 All Fuvay Data is copyrighted work of Fuvay or its content or software providers, and Fuvay reserves and retains all rights in Fuvay Data.
9.2 The copyright, patents, trademarks, registered designs and intellectual property rights in the Product and the services related thereto, the Website, the Mobile Application all Fuvay Data, including without limitation in the compilation of all User Data, shall vest in and remain with Fuvay.
9.3 The trademarks, logos and service marks (collectively, the “ Intellectual Property”) displayed on the Website and Mobile Application are the property of Fuvay or other third parties and all rights to the Intellectual Property are expressly reserved by Fuvay or relevant third parties. You are not permitted to use any Intellectual Property without the prior written consent of Fuvay or such third party. Fuvay aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Fuvay or any other Intellectual Property may not be used in any way, including in any advertising or publicity, or as a hyperlink without the prior written permission of Fuvay.
9.4 The domain name on which the Website is hosted is the sole property of the Website and you may not use or otherwise adopt a similar name for your own use.
9.5 Any comment, feedback, idea or suggestion (collectively, the “ User Comments”) which you provide to us through this Website and/or the Mobile Application becomes our property. If, in future, we use the User Comments in promoting our Website and/or the Mobile Application or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
9.6 If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
10.1 You agree to indemnify and hold Fuvay and its subsidiaries, affiliates, officers, agents, partners and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
(a) any use of the Website, Mobile Application, Product or services provided in relation thereto;
(b) your connection to the Website and/or the Mobile Application;
(c) your breach of any terms and conditions of these Terms and Conditions;
(d) your breach of any statutory requirement, duty or law.
Disclaimers and Limitations
11.1 While we make every effort to ensure that all Fuvay Data is accurate and complete, we provide the Fuvay Data for purposes in relation to the Product and the services provided in relation thereto and on an ‘as is’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Fuvay disclaims all warranties, express or implied, including but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Fuvay does not warrant that the functions contained in or access to the Website, the Mobile Application, the Product and the services provided in relation thereto, Fuvay Data, or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Fuvay Data in or with any Computer will not affect the functionality or performance of the Computer. Fuvay does not warrant or make any representations whatsoever regarding the use or results of the use of Fuvay Data, the Product and any services provided in relation thereto, the Website, Mobile Application or the Servers in terms of their correctness, accuracy, completeness, reliability or otherwise. You (and not Fuvay) assume the entire cost of all necessary servicing, repair or correction, including any defect, problem, or damage in any Computer. You agree not to hold Fuvay responsible for any loss of any User Data that is due to any circumstances beyond the control of Fuvay.
11.2 You agree that all statements, offers, information, opinions, materials, User Data and third party products, from other Users and other third parties on the Website and Mobile Application should be used, accepted and relied upon only with care and discretion and at your own risk, and Fuvay shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
11.3 You also acknowledge and agree that use of the Product may enable other Users to upload User Data to the Website and/or the Mobile Application and that some of these may be offensive, annoying, unlawful, in breach of these Terms and Conditions, contain viruses or cause you damage. While we may remove any such Data brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any Data, and you agree to exercise access and use Data only your own risk and with care and discretion.
11.4 Under no circumstances, including, but not limited to, negligence, shall Fuvay be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use the Product and services provided in relation thereto and the Website and the Mobile Application, even if Fuvay or an authorized Fuvay representative has been advised of, or should have foreseen, the possibility of such damages.
11.5 To the maximum extent permitted by applicable law, Fuvay disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve any Personal Data, however caused, or any inaccuracy in the Personal Data presented, used or transmitted.
11.6 You agree that the above exclusions and limitations of liability enable the Product and the services provided in relation thereto, to be provided by Fuvay to you at a reasonable cost to you.
11.7 Fuvay reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the whole or any part of the Website and/or the Mobile Application with or without notice and shall not be liable to you or to any third party for any such modification or discontinuance.
Refund Policy and Grievances
12.1 We thank you for availing the Product. If, upon delivery, Fuvay’s products have arrived damaged, rotten or contaminated, in any way, please contact us right away at the Contact Number provided below or kindly submit a request for a refund and pick-up of the unsatisfactory products. We will be happy to provide you with a refund in relation to any items that are not to your satisfaction. In the case of products purchased in Fuvay’s stores, we are able to collect the products and provide you with a refund only if they are overripe or underripe and if you contact Fuvay within Two (2) hours from the time of purchase.
12.2 The pick-up of any unsatisfactory products delivered by Fuvay and a refund shall only be undertaken by Fuvay if you contact Fuvay within Eight (8) hours of the time of delivery of the purchased products. Further, please note that, at the time of pick-up, all items that are part of the order in relation to which we have been contacted, will be picked-up and Fuvay shall not undertake a pick-up or provide you with a refund if some items in the particular order have been consumed by you.
12.3 Any and all refunds made by Fuvay shall done by way of a credit to the Users’ wallet on the Platform and shall not be made by way of cash.
12.4 Please note that Fuvay does not, as a policy, encourage the payment of tips to Fuvay employees. Should you have any grievances in relation to the behaviour of Fuvay’s employees or have been requested to pay any tips by any Fuvay employee, please contact Fuvay within Thirty (30) minutes of the occurrence of the incident.
Data Use and Privacy
14.1 The Website, Mobile Application and Product is owned and operated by Fuvay. Fuvay makes no representation that the Website, the Mobile Application and the Product are appropriate for use in your location.
15.1 If any provision of these Terms and Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms and Conditions shall continue in force save that such provision shall be deemed to be deleted.
Relationship of Parties
16.1 Nothing in these Terms and Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between Fuvay and you and neither party shall have any authority to bind the other in any way.
17.1 No waiver of any rights or remedies by Fuvay shall be effective unless made in writing and signed by an authorised representative of Fuvay.
17.2 A failure by Fuvay to exercise or enforce any rights conferred upon it by these Terms and Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
18.1 No party shall be liable for any failure to perform its obligations under these Terms and Conditions if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
18.2 For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under these Terms and Conditions. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
Governing Law and Jurisdiction
19.1 These Terms and Conditions and all matters relating to your access to, or use or, this Website, Mobile Application, Product and services provided in relation thereto shall be governed by and construed in accordance with laws of the Republic of India without giving effect to any principles of conflicts of law.
19.2 All disputes, controversies, or differences arising out of or in connection with these Terms and Conditions shall first attempted to be resolved by mutual discussion between the User and Fuvay. Fuvay and you agree to participate in the mediation in good faith and undertake to abide by the terms of any settlement reached.
19.3 In the event that you and Fuvay are unable to resolve any dispute, controversies or differences after attempting mediation, the dispute, controversy or difference shall be referred to and finally resolved by arbitration in Fatehgarh Sahib in accordance with the Arbitration and Conciliation Act, 1996.
21.1 If any portion of these Terms and Conditions is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms and Conditions shall continue to be enforceable and valid according to terms contained herein.
22.1 All notices, bills, invoices, or reports required by these Terms and Conditions shall be deemed to be received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by e-mail before or during the receiving party’s regular business hours; or (b) on the second business day following post via airmail, postage paid, to Fuvay’s address below:
Fuvay Technologies Private Limited
#203/4, Jail Road, Bassi Pathana, Fatehgarh Sahib, Punjab -140412
Contact Number: +91-9436736055