Terms and Conditions
Terms and Conditions
TERMS & CONDITIONS ("T&C") AND MUTUAL CONSENT FOR USAGE OF THE APPLICATION FOR BUSINESS ON THE DEFINED TERMS.
USING VAHN APP/WEBSITE INDICATES YOUR ACCEPTANCE TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By accepting the same, You agree to the Terms of Use and App/Website Privacy Policy as amended from time to time.
This Terms & Conditions forms an electronic record in terms of Information Technology Act, 2000 and amendments thereof. The same is generated by a computer system and does not require any physical or digital signature.
By accepting these Terms & Conditions, You agree and acknowledge that you have read the Terms & Conditions set forth herein below and the Privacy Policy of the Company. In case you do not agree to the same, you may not use the Services and/or may immediately terminate the usage of VAHN App/Website.
This Terms & Conditions form a legally enforceable binding contract ("Agreement") between You and Vahn Solutions Private Limited, jointly be referred to as the "Parties", having its registered office at C/o Neera Agarwal, 8-2-546/3, Road No.7 Banjara Hills, Hyderabad, Telangana, India, 500034.
VAHN may amend the Terms & Conditions and Privacy Policy at any time by posting an updated version of the Terms & Conditions on the VAHN App/Website and Privacy Policy. The updated version of the Terms & Conditions and Privacy Policy shall take effect immediately upon such posting. It is Your responsibility to review the updated Terms & Conditions for any updates / changes to the same. Your continued use of VAHN App/Website following the posting of changes/modifications will mean that You accept and agree to the same. As long as You comply with the Terms & Conditions's, we grant You a personal, non-exclusive, non-transferable, limited, revocable right to enter, use, register and avail the Services offered by VAHN on the VAHN App/Website.
VAHN would be facilitating transactions on behalf of Users without assuming ownership or liability for third-party services.
This Agreement shall remain valid until the same is terminated by either of the parties as envisaged hereunder.
1. Definitions
“VAHN” means Vahn Solutions Private Limited and its representatives in interest.
“VAHN App” means the mobile application through which Users can access and utilize the features, products, and services offered by VAHN.
“VAHN Website” means the web platform through which Users can access and utilize the features, products, and services offered by VAHN.
“User” means the person or entity to whom VAHN provides its services through the VAHN App/ Website.
“VAHN Account” refers to the digital account created and maintained by the User on the VAHN App, which enables the User to access and utilize the services and features offered by VAHN. The VAHN Account serves as a transactional interface for managing instructions, subscriptions, and other service-related activities but does not represent a separate, individual account maintained by VAHN.
“OMC” refers to the Oil Marketing Companies.
“Fuel Card” means card issued by OMC to a Fuel Card member for purchase of automotive fuels and lubricants at its designated Retail Outlets. It is a closed Prepaid Payment Instrument system.
“Fuel Card member" means the person or organisation, to whom the Fuel Card is issued on application, whose name appears on the Fuel Card and for all the limited purpose of ascertainment, determination and enforcement of terms and conditions and liability of OMC, also includes all the Directors of the Fuel Card member in case of a Company, all the partners in case of a partnership, the proprietor of the proprietorship and wherever the context so permits, their respective successors, assigns, legal heirs, representative in interest, executors, and administrators.
2. Terms of Service
VAHN offers an array of services (detailed herein below) through its VAHN App/Website via the Internet.
3. Who can Avail:
a. The User who represents and warrants that he/she is at least 18 years of age and legally competent to enter into a contract under the Indian Contract Act, 1872. If the User is acting on behalf of an entity, such as a company, partnership, or proprietorship, the User further represents that he/she has the legal authority to bind that entity to this Agreement with VAHN.
b. The User who owns at least one Truck, having valid Registration Certificate, Valid Pollution under Control Certificate, all relevant Permits, Licenses, Insurance as prescribed under Motor Vehicles Act, 1988 and/or Rules thereunder or the User who manages a trucking business.
c. The User has a valid & active Indian Mobile Number.
d. The User has in his own name a Bank Account.
e. The User has a Smartphone.
4. How to Avail:
a. The User needs to register himself on the VAHN App/Website by providing the information sought on the Registration page of VAHN App/Website (Viz Name, email ID, Mobile number, GSTIN of Business, Company Name, Aadhar card details of Business partner, Permanent Account number of Business, a real time image of Business partner’s face,bank account details, Employee details, Truck details, etc to be registered).
b. The User's acceptance to these Terms & Conditions and authenticity of Mobile Number used to register the VAHN App/Website shall be verified by sending an OTP by SMS, which needs to be confirmed by the User. Only after the User successfully enters the OTP sent to his/her mobile number and accepts the Terms & Conditions, VAHN App/Website will be activated.
c. The User has to register their employees (Fund Manager &/Truck Manager) on the VAHN App/Wesbite as specified from time to time.
d. The User has to register their Truck on the VAHN App/Website as specified from time to time. The Company after verification of the credentials of Truck, may permit the User/register Truck on the Platform.
e. User may have to upload the KYC documents/details as and when sought for by any service provider/mandated by Government for availing such services from time to time.
5. How to Use:
a. The User may remit money in order to recharge their VAHN Account ("Online Recharge"). The money remitted through online recharge shall get reflected in the VAHN Account and the same can only be used for services to be availed/purchase of products on the VAHN App/Website.
6. Affirmative Consents by User:
a. The User hereby gives consent to VAHN to verify the credentials of Truck by sharing the said details to any third party including Parivahan to have the same verified through records of respective road transport authorities.
b. The User hereby gives consent and authorise VAHN to retrieve/avail usage of Fuel Card Data of the User from the respective retail fuel outlets and retrieve/avail usage of FASTag transaction data of the User received from the respective FASTag issuer partner, so as to enable VAHN to display the same on the VAHN App/website and for the purpose of its records.
c. In case, VAHN incurs any charges from Banks due to payments initiated by the User, VAHN shall be entitled to deduct such charges from the VAHN Account of User.
d. The User understands that any unused money in the VAHN App Account shall be refunded automatically within 7 days by the Company subject to adjustment of any charges without any interest whatsoever.
d. The funds in the VAHN Account do not constitute a loan or deposit with VAHN and no interest shall be payable on the balance. It is a trite law that an advance given for a particular purpose cannot be treated as deposits. VAHN acts solely as a custodian without claiming any ownership over the monies. The subscription fee shall be deducted from the User’s account, and any unutilized funds shall be refunded to the User within seven days, after adjusting any applicable charges, without any interest whatsoever.
e. The User gives consent and understands the fact that the VAHN Account does not constitute a distinct or independent account maintained by VAHN.
7. Obligations of User:
a. The User shall at all times, act in good faith in all its dealings. The User shall not indulge himself or with connivance of anybody involved in any act of fraud, unlawful enrichment, exploiting bug in the VAHN App/Website. User shall be solely responsible and liable for any loss arising thereof. User further understands that VAHN can initiate appropriate legal action against himself/herself for any such acts as aforesaid.
b. The information shared by User on the VAHN App/Website shall be true and correct and the same shall be updated as and when there is a change.
c. The User shall indemnify VAHN for any loss arising thereof due to breach of aforesaid obligation and terms and conditions by the User.
d. The User understands that the physical cards issued are the property of the respective OMC and the same shall be returned to the Company on termination of this Agreement/cessation of use of the Card.
e. The User shall be the beneficial owner of the VAHN App Account. User shall not share, assign or permit the usage of his/her account by anybody else. User shall indemnify VAHN against any loss or damage suffered by VAHN as a result of such unauthorised use.
g. The User shall undertake to notify VAHN immediately of any unauthorized use of his account or any other breach of security.
h. The User understands that VAHN shall not be liable for any loss or damage arising due to User's obligation to comply with these Terms and Conditions.
i. The User shall be solely responsible for maintaining the confidentiality of his/her VAHN Account.
j. The User agrees not to violate any applicable laws or regulations.
8. Confidentiality
a. The VAHN shall in no event be liable for any direct, indirect, special, consequential or other damages arising out of the use of VAHN App/Website or any information or images contained therein, including without limitation, lost profits, business interruption and loss of programs or other data. Each party is obliged to treat any data and information not publicly accessible as confidential and to use these exclusively for the purpose intended.
b. The confidentiality rule does not apply to data and information that must be passed on to third parties, especially public authorities, due to legal obligations. The other party is to be informed about such an obligation without delay.
9. Service offered:
A. Fuel Loyalty Cards:
VAHN delivers/provides Fuel Cards in physical or virtual form as the case may be as offered/issued by various OMC (Viz. Hindustan Petroleum Corporation Limited, Indian Oil Corporation Limited, etc.). Users may opt for issuance of the same by opting the aforesaid Service on the VAHN App/Website, subject to acceptance of Terms of Use for Fuel Cards on OMC platform.
On the receipts of the Card/s (“Card/s” means a Virtual Card displayed on the respective VAHN App/Website of the User with unique Credentials or a Plastic Card with a Magnetic Strip, which may be either Prepaid or Post-paid), the User can recharge the VAHN Account and load cash into the said Card/s. The said Card/s can be utilised at the specified fuel retail outlets of the respective OMC for purchase of automotive fuel. For all practical purpose, you shall be designated as “Card Holder” and shall be solely responsible for its usage/loss/liabilities arising thereof.
Once the User instructs VAHN to transfer funds from the VAHN Account to the OMC account for the purpose of loading the fuel card, the transferred amount shall be governed by the terms and conditions of the respective OMC platform. VAHN shall not be responsible or liable for the handling, usage, or any claims related to the transferred funds once they are credited to the OMC account.
The User hereby acknowledges and agrees to be bound by the terms and conditions explicitly set forth on the respective OMC platform governing the purchase of Fuel Cards.
B. FASTag Distribution Services:
The User can recharge the Vahn App and use the amount to recharge the User’s Fastag Account.
Once the User instructs VAHN to transfer funds from the VAHN Account to the Fastag account for the purpose of loading the fastag account, the transferred amount shall be governed by the terms and conditions of the Fastag platform. VAHN shall not be responsible or liable for the handling, usage, or any claims related to the transferred funds once they are credited to the Fastag account.
The User hereby acknowledges and agrees to be bound by the terms and conditions explicitly set forth on the official FASTag platform, as governed by respective regulatory bodies.
C. Instruction for making Driver payments:
The User can instruct VAHN to utilize the funds in the VAHN Account for driver payments.
10. PAYMENT OF FEES
User will pay VAHN the applicable fees for the Services in accordance with the terms herein (the “Subscription Fees”). If the User’s use of the Services exceeds the allocated service capacity or otherwise requires the payment of additional fees (as per the terms of this Agreement and VAHN’s policies updated from time to time), the User’s access to the Services shall be limited to the basic version until the User agrees to pay the additional fees in the manner provided herein. VAHN reserves the right to change the Fees or applicable charges and to institute new charges. The User’s inquiries regarding billing discrepancies should be directed to VAHN’s customer support department.
11. PUBLICATION OF INFORMATION & FEEDBACK
a. VAHN is permitted to identify User as a customer and to publish User’s name and logo on VAHN App/ Website and in any other marketing materials.
b. If User provides Vahn with any feedback, ideas or suggestions regarding the Services (“Feedback”), User hereby assign to VAHN all rights in such Feedback and agree that VAHN shall have the right to use such Feedback and related information in any manner it deems appropriate.
12. LIMITATION OF LIABILITY:
a. In no event shall VAHN or its officers, directors, employees or any related party be liable for any special, incidental, indirect or consequential damages or any loss of revenue or profits arising under or relating to these terms of use.
b. The User hereby gives consent to the VAHN to collect and share the Personal Information (Viz. Mobile number, name, email address, etc.), Company information (Viz Name of the business, GST Number, Aadhar details of Business partner, real time image of Business partner’s face, Bank Account Detail, Permanent Account Number of business, Business Address, etc), employee information (Viz name of the employee, their mobile number, etc), truck details (Viz Truck registration number, Registration Certificate document, etc), truck drivers details (Viz name of the driver, mobile number, driving license number, date of birth, etc) which is voluntarily shared by the User to its Service Partners so as to enable the User to fetch appropriate service/products from time to time.
c. The User hereby gives consent to VAHN to debit the User's VAHN Account towards any outstanding dues, charges & subscription fee. Any debits from the VAHN Account of User towards outstanding dues, if any, shall be adjusted towards such outstanding dues to the VAHN or VAHN's Service Provider as the case may be. Such money recovered from the User's VAHN Account shall be paid by the VAHN to such Service Provider to whom the said money is outstanding.
d. The User understands that any incorrect data may amount to termination/suspension of VAHN App/Website.
e. The User, upon downloading the VAHN App has to necessarily allow permission to VAHN App to send an SMS from his/her smartphone, which allows the VAHN to send User an OTP which has to be used to verify User mobile number, in order to register the said number with the corresponding VAHN App/Website. You understand that this is a mandatory security step to complete the registration process.
f. The User confirms that he/she has shared/registered with a correct mobile number so that VAHN can communicate with the User via SMS/Whatsapp. The User understands and agrees that if the Company sends an SMS/Whatsapp to the registered number, the same shall have been deemed to have provided the communication to the User effectively. If the User uses a spam filter that blocks or re-routes SMSs from senders not listed in your contacts, the User must ensure that VAHN's SMSs are marked as trusted and 'not-spam'. The same applies mutatis mutandis to the registered email id.
g. Shall not be responsible for any natural loss, damage, deterioration of goods involved including on account of pilferage, theft, accident, natural calamity or any other similar cause.
h. The User shall ensure that all goods transported using the Vahn App are lawful and compliant with applicable laws and regulations. The User assumes sole responsibility for the nature, legality, and compliance of the goods being transported, and Vahn shall bear no liability for any violations arising therefrom.
i. The User hereby confirms and warrants to VAHN that they have obtained adequate consent from the driver(s) before providing or uploading any personal information of the driver(s) on the VAHN App/Website. The User acknowledges that VAHN shall not be held liable for any claims arising due to the User’s failure to obtain proper consent.
j. The User shall indemnify and hold harmless VAHN from any claims, liabilities, losses, damages, costs, or expenses, including legal fees, arising from the User’s misuse of the VAHN App/Website for money laundering, terrorist financing, fraud, or any other financial crimes as defined under the Prevention of Money Laundering Act, 2002. Furthermore, the User shall indemnify VAHN if they are found to be engaged in, associated with, or facilitating the business of gambling, betting, or trading in cryptocurrency through the VAHN platform.
13. Miscellaneous:
a. All communication shall be emailed to the email-ID address specified in the Vahn App/Website as updated by the User.
b. User acknowledge and agree that the VAHN in its sole and absolute discretion has the right (but not the obligation) to delete/deactivate/block/blacklist User’s VAHN Account, or otherwise terminate the access to or use of the VAHN App/Website, immediately and without notice, for any reason or no reason at all, including but not limited to, if VAHN believes that User has violated these Terms and Conditions or attempted to do any fraud or misrepresentation or any such activities that are in breach of the applicable laws including Prevention of Money Laundering Act, 2002.
c. The Company shall not be held liable for any losses arising out of the transactions with the 'Blacklisted User'/ 'Blocked User'.
c. None of the VAHN’s rights shall be deemed to have been waived by any act or conduct of VAHN, or by any neglect or delay in exercising such rights, and every time shall continue in full force and effect until specifically waived by VAHN in writing.
d. These Terms and Conditions shall be governed by laws of India and competent courts in Hyderabad shall have exclusive jurisdiction over any and all disputes arising under or in connection with this Agreement.
e. In case of any dispute between the User and VAHN, the same shall be referred to Arbitration in accordance with Arbitration & Conciliation Act, 1996. The User agrees that VAHN may appoint a sole arbitrator to resolve such disputes between them.
f. If User is unable to use the Services as a result of improper operation of the systems due to any of the following reasons, User agrees that he/she will not hold VAHN and its affiliates liable for:
o System suspension which has been announced by VAHN in advance through any mode of communication;
o Failure in data transmission due to breakdown in the telecommunications equipment and systems;
o Failure in system operations due to breakdown resulting from typhoon, earthquake, tsunami, flood, electricity blackout, war, terrorist attack, and other force majeure events which are beyond our reasonable control; or
o The Services are interrupted or delayed due to hacking, authority, website upgrade, banks, and other reasons.
g. The information contained on VAHN App/Website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the VAHN App/Website or the information, features or related graphics contained on VAHN App/Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
h. In no event will VAHN be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of VAHN App/website. Through VAHN App/Website, Users are able to link to other websites which are not under the control of VAHN. We have no control over the nature, content or availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
i. The User shall not use the VAHN App/Website for any unlawful or prohibited activities, including but not limited to money laundering, terrorist financing, fraud, or any other financial crimes as defined under Prevention of Money Laundering Act, 2002. Any violation of this provision shall result in immediate suspension or termination of the User’s account, without prejudice to any legal action that may be initiated.
j. VAHN reserves the right to report any suspected illegal activities or suspicious transactions to the relevant authority, without prior notice to the User.
k. VAHN is not engaged in, associated with, or facilitating the business of gambling, betting, or trading in cryptocurrency. Users are expressly prohibited from using the VAHN App/Website for any such activities, including but not limited to, conducting, promoting, or participating in gambling, betting, or cryptocurrency trading. Any violation of this provision may result in the immediate suspension or termination of the User’s account, along with the reporting of such activities to the relevant authorities, as required by law.
l. The User represents and warrants that he/she is at least 18 years of age and legally competent to enter into a contract under the Indian Contract Act, 1872. If the User is acting on behalf of an entity, such as a company, partnership, or proprietorship, the User further represents that he/she has the legal authority to bind that entity to this Agreement with VAHN.
14. ADDITIONAL REQUIREMENTS
VAHN may use information provided by User to: (i) enforce the Terms of Use, monitor user activity, such as keyword searches or new postings, and more effectively manage traffic on the Platform; (ii) provide customer services, create and manage user accounts; and (iii) assist you with technical difficulties. Also, VAHN may share with third- party service providers certain information, such as User browser capabilities or operating system, that VAHN have collected in order to better understand which advertisements and services may interest User. VAHN may retain such information for as long as is required to fulfil the business objective, even after the User account is terminated.
By accepting these Terms and Conditions, Users expressly authorize VAHN and its affiliates, representatives, agents, and service providers to contact User through various communication channels, including but not limited to telephone calls (including automated calls), text messages (SMS), emails, push notifications, in-app messages, and postal mail, for the purposes of:
Providing account updates and service notifications
Sharing promotional offers and marketing communications
Conducting customer surveys and feedback collection
Addressing customer service inquiries and support
Sending security alerts and verification messages
Delivering transaction confirmations and billing information
Any other communications related to your use of our services
Users acknowledge that such communications may be made using automated dialing systems, artificial or pre-recorded voice messages, or other automated means. This authorization remains valid until explicitly revoked by User to VAHN. User understand that standard message, data, and calling rates from User’s service providers may apply to these communications.
Users may opt-out of marketing communications at any time by following the unsubscribe instructions included in VAHN’s messages or by contacting our customer service department. Please note that even if User opt-out of marketing communications, User may still receive administrative and transactional messages related to your account and services.
I HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS AGREEMENT AND I AGREE TO BE BOUND BY THE SAME.
I ACCEPT
TERMS & CONDITIONS ("T&C") AND MUTUAL CONSENT FOR USAGE OF THE APPLICATION FOR BUSINESS ON THE DEFINED TERMS.
USING VAHN APP/WEBSITE INDICATES YOUR ACCEPTANCE TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By accepting the same, You agree to the Terms of Use and App/Website Privacy Policy as amended from time to time.
This Terms & Conditions forms an electronic record in terms of Information Technology Act, 2000 and amendments thereof. The same is generated by a computer system and does not require any physical or digital signature.
By accepting these Terms & Conditions, You agree and acknowledge that you have read the Terms & Conditions set forth herein below and the Privacy Policy of the Company. In case you do not agree to the same, you may not use the Services and/or may immediately terminate the usage of VAHN App/Website.
This Terms & Conditions form a legally enforceable binding contract ("Agreement") between You and Vahn Solutions Private Limited, jointly be referred to as the "Parties", having its registered office at C/o Neera Agarwal, 8-2-546/3, Road No.7 Banjara Hills, Hyderabad, Telangana, India, 500034.
VAHN may amend the Terms & Conditions and Privacy Policy at any time by posting an updated version of the Terms & Conditions on the VAHN App/Website and Privacy Policy. The updated version of the Terms & Conditions and Privacy Policy shall take effect immediately upon such posting. It is Your responsibility to review the updated Terms & Conditions for any updates / changes to the same. Your continued use of VAHN App/Website following the posting of changes/modifications will mean that You accept and agree to the same. As long as You comply with the Terms & Conditions's, we grant You a personal, non-exclusive, non-transferable, limited, revocable right to enter, use, register and avail the Services offered by VAHN on the VAHN App/Website.
VAHN would be facilitating transactions on behalf of Users without assuming ownership or liability for third-party services.
This Agreement shall remain valid until the same is terminated by either of the parties as envisaged hereunder.
1. Definitions
“VAHN” means Vahn Solutions Private Limited and its representatives in interest.
“VAHN App” means the mobile application through which Users can access and utilize the features, products, and services offered by VAHN.
“VAHN Website” means the web platform through which Users can access and utilize the features, products, and services offered by VAHN.
“User” means the person or entity to whom VAHN provides its services through the VAHN App/ Website.
“VAHN Account” refers to the digital account created and maintained by the User on the VAHN App, which enables the User to access and utilize the services and features offered by VAHN. The VAHN Account serves as a transactional interface for managing instructions, subscriptions, and other service-related activities but does not represent a separate, individual account maintained by VAHN.
“OMC” refers to the Oil Marketing Companies.
“Fuel Card” means card issued by OMC to a Fuel Card member for purchase of automotive fuels and lubricants at its designated Retail Outlets. It is a closed Prepaid Payment Instrument system.
“Fuel Card member" means the person or organisation, to whom the Fuel Card is issued on application, whose name appears on the Fuel Card and for all the limited purpose of ascertainment, determination and enforcement of terms and conditions and liability of OMC, also includes all the Directors of the Fuel Card member in case of a Company, all the partners in case of a partnership, the proprietor of the proprietorship and wherever the context so permits, their respective successors, assigns, legal heirs, representative in interest, executors, and administrators.
2. Terms of Service
VAHN offers an array of services (detailed herein below) through its VAHN App/Website via the Internet.
3. Who can Avail:
a. The User who represents and warrants that he/she is at least 18 years of age and legally competent to enter into a contract under the Indian Contract Act, 1872. If the User is acting on behalf of an entity, such as a company, partnership, or proprietorship, the User further represents that he/she has the legal authority to bind that entity to this Agreement with VAHN.
b. The User who owns at least one Truck, having valid Registration Certificate, Valid Pollution under Control Certificate, all relevant Permits, Licenses, Insurance as prescribed under Motor Vehicles Act, 1988 and/or Rules thereunder or the User who manages a trucking business.
c. The User has a valid & active Indian Mobile Number.
d. The User has in his own name a Bank Account.
e. The User has a Smartphone.
4. How to Avail:
a. The User needs to register himself on the VAHN App/Website by providing the information sought on the Registration page of VAHN App/Website (Viz Name, email ID, Mobile number, GSTIN of Business, Company Name, Aadhar card details of Business partner, Permanent Account number of Business, a real time image of Business partner’s face,bank account details, Employee details, Truck details, etc to be registered).
b. The User's acceptance to these Terms & Conditions and authenticity of Mobile Number used to register the VAHN App/Website shall be verified by sending an OTP by SMS, which needs to be confirmed by the User. Only after the User successfully enters the OTP sent to his/her mobile number and accepts the Terms & Conditions, VAHN App/Website will be activated.
c. The User has to register their employees (Fund Manager &/Truck Manager) on the VAHN App/Wesbite as specified from time to time.
d. The User has to register their Truck on the VAHN App/Website as specified from time to time. The Company after verification of the credentials of Truck, may permit the User/register Truck on the Platform.
e. User may have to upload the KYC documents/details as and when sought for by any service provider/mandated by Government for availing such services from time to time.
5. How to Use:
a. The User may remit money in order to recharge their VAHN Account ("Online Recharge"). The money remitted through online recharge shall get reflected in the VAHN Account and the same can only be used for services to be availed/purchase of products on the VAHN App/Website.
6. Affirmative Consents by User:
a. The User hereby gives consent to VAHN to verify the credentials of Truck by sharing the said details to any third party including Parivahan to have the same verified through records of respective road transport authorities.
b. The User hereby gives consent and authorise VAHN to retrieve/avail usage of Fuel Card Data of the User from the respective retail fuel outlets and retrieve/avail usage of FASTag transaction data of the User received from the respective FASTag issuer partner, so as to enable VAHN to display the same on the VAHN App/website and for the purpose of its records.
c. In case, VAHN incurs any charges from Banks due to payments initiated by the User, VAHN shall be entitled to deduct such charges from the VAHN Account of User.
d. The User understands that any unused money in the VAHN App Account shall be refunded automatically within 7 days by the Company subject to adjustment of any charges without any interest whatsoever.
d. The funds in the VAHN Account do not constitute a loan or deposit with VAHN and no interest shall be payable on the balance. It is a trite law that an advance given for a particular purpose cannot be treated as deposits. VAHN acts solely as a custodian without claiming any ownership over the monies. The subscription fee shall be deducted from the User’s account, and any unutilized funds shall be refunded to the User within seven days, after adjusting any applicable charges, without any interest whatsoever.
e. The User gives consent and understands the fact that the VAHN Account does not constitute a distinct or independent account maintained by VAHN.
7. Obligations of User:
a. The User shall at all times, act in good faith in all its dealings. The User shall not indulge himself or with connivance of anybody involved in any act of fraud, unlawful enrichment, exploiting bug in the VAHN App/Website. User shall be solely responsible and liable for any loss arising thereof. User further understands that VAHN can initiate appropriate legal action against himself/herself for any such acts as aforesaid.
b. The information shared by User on the VAHN App/Website shall be true and correct and the same shall be updated as and when there is a change.
c. The User shall indemnify VAHN for any loss arising thereof due to breach of aforesaid obligation and terms and conditions by the User.
d. The User understands that the physical cards issued are the property of the respective OMC and the same shall be returned to the Company on termination of this Agreement/cessation of use of the Card.
e. The User shall be the beneficial owner of the VAHN App Account. User shall not share, assign or permit the usage of his/her account by anybody else. User shall indemnify VAHN against any loss or damage suffered by VAHN as a result of such unauthorised use.
g. The User shall undertake to notify VAHN immediately of any unauthorized use of his account or any other breach of security.
h. The User understands that VAHN shall not be liable for any loss or damage arising due to User's obligation to comply with these Terms and Conditions.
i. The User shall be solely responsible for maintaining the confidentiality of his/her VAHN Account.
j. The User agrees not to violate any applicable laws or regulations.
8. Confidentiality
a. The VAHN shall in no event be liable for any direct, indirect, special, consequential or other damages arising out of the use of VAHN App/Website or any information or images contained therein, including without limitation, lost profits, business interruption and loss of programs or other data. Each party is obliged to treat any data and information not publicly accessible as confidential and to use these exclusively for the purpose intended.
b. The confidentiality rule does not apply to data and information that must be passed on to third parties, especially public authorities, due to legal obligations. The other party is to be informed about such an obligation without delay.
9. Service offered:
A. Fuel Loyalty Cards:
VAHN delivers/provides Fuel Cards in physical or virtual form as the case may be as offered/issued by various OMC (Viz. Hindustan Petroleum Corporation Limited, Indian Oil Corporation Limited, etc.). Users may opt for issuance of the same by opting the aforesaid Service on the VAHN App/Website, subject to acceptance of Terms of Use for Fuel Cards on OMC platform.
On the receipts of the Card/s (“Card/s” means a Virtual Card displayed on the respective VAHN App/Website of the User with unique Credentials or a Plastic Card with a Magnetic Strip, which may be either Prepaid or Post-paid), the User can recharge the VAHN Account and load cash into the said Card/s. The said Card/s can be utilised at the specified fuel retail outlets of the respective OMC for purchase of automotive fuel. For all practical purpose, you shall be designated as “Card Holder” and shall be solely responsible for its usage/loss/liabilities arising thereof.
Once the User instructs VAHN to transfer funds from the VAHN Account to the OMC account for the purpose of loading the fuel card, the transferred amount shall be governed by the terms and conditions of the respective OMC platform. VAHN shall not be responsible or liable for the handling, usage, or any claims related to the transferred funds once they are credited to the OMC account.
The User hereby acknowledges and agrees to be bound by the terms and conditions explicitly set forth on the respective OMC platform governing the purchase of Fuel Cards.
B. FASTag Distribution Services:
The User can recharge the Vahn App and use the amount to recharge the User’s Fastag Account.
Once the User instructs VAHN to transfer funds from the VAHN Account to the Fastag account for the purpose of loading the fastag account, the transferred amount shall be governed by the terms and conditions of the Fastag platform. VAHN shall not be responsible or liable for the handling, usage, or any claims related to the transferred funds once they are credited to the Fastag account.
The User hereby acknowledges and agrees to be bound by the terms and conditions explicitly set forth on the official FASTag platform, as governed by respective regulatory bodies.
C. Instruction for making Driver payments:
The User can instruct VAHN to utilize the funds in the VAHN Account for driver payments.
10. PAYMENT OF FEES
User will pay VAHN the applicable fees for the Services in accordance with the terms herein (the “Subscription Fees”). If the User’s use of the Services exceeds the allocated service capacity or otherwise requires the payment of additional fees (as per the terms of this Agreement and VAHN’s policies updated from time to time), the User’s access to the Services shall be limited to the basic version until the User agrees to pay the additional fees in the manner provided herein. VAHN reserves the right to change the Fees or applicable charges and to institute new charges. The User’s inquiries regarding billing discrepancies should be directed to VAHN’s customer support department.
11. PUBLICATION OF INFORMATION & FEEDBACK
a. VAHN is permitted to identify User as a customer and to publish User’s name and logo on VAHN App/ Website and in any other marketing materials.
b. If User provides Vahn with any feedback, ideas or suggestions regarding the Services (“Feedback”), User hereby assign to VAHN all rights in such Feedback and agree that VAHN shall have the right to use such Feedback and related information in any manner it deems appropriate.
12. LIMITATION OF LIABILITY:
a. In no event shall VAHN or its officers, directors, employees or any related party be liable for any special, incidental, indirect or consequential damages or any loss of revenue or profits arising under or relating to these terms of use.
b. The User hereby gives consent to the VAHN to collect and share the Personal Information (Viz. Mobile number, name, email address, etc.), Company information (Viz Name of the business, GST Number, Aadhar details of Business partner, real time image of Business partner’s face, Bank Account Detail, Permanent Account Number of business, Business Address, etc), employee information (Viz name of the employee, their mobile number, etc), truck details (Viz Truck registration number, Registration Certificate document, etc), truck drivers details (Viz name of the driver, mobile number, driving license number, date of birth, etc) which is voluntarily shared by the User to its Service Partners so as to enable the User to fetch appropriate service/products from time to time.
c. The User hereby gives consent to VAHN to debit the User's VAHN Account towards any outstanding dues, charges & subscription fee. Any debits from the VAHN Account of User towards outstanding dues, if any, shall be adjusted towards such outstanding dues to the VAHN or VAHN's Service Provider as the case may be. Such money recovered from the User's VAHN Account shall be paid by the VAHN to such Service Provider to whom the said money is outstanding.
d. The User understands that any incorrect data may amount to termination/suspension of VAHN App/Website.
e. The User, upon downloading the VAHN App has to necessarily allow permission to VAHN App to send an SMS from his/her smartphone, which allows the VAHN to send User an OTP which has to be used to verify User mobile number, in order to register the said number with the corresponding VAHN App/Website. You understand that this is a mandatory security step to complete the registration process.
f. The User confirms that he/she has shared/registered with a correct mobile number so that VAHN can communicate with the User via SMS/Whatsapp. The User understands and agrees that if the Company sends an SMS/Whatsapp to the registered number, the same shall have been deemed to have provided the communication to the User effectively. If the User uses a spam filter that blocks or re-routes SMSs from senders not listed in your contacts, the User must ensure that VAHN's SMSs are marked as trusted and 'not-spam'. The same applies mutatis mutandis to the registered email id.
g. Shall not be responsible for any natural loss, damage, deterioration of goods involved including on account of pilferage, theft, accident, natural calamity or any other similar cause.
h. The User shall ensure that all goods transported using the Vahn App are lawful and compliant with applicable laws and regulations. The User assumes sole responsibility for the nature, legality, and compliance of the goods being transported, and Vahn shall bear no liability for any violations arising therefrom.
i. The User hereby confirms and warrants to VAHN that they have obtained adequate consent from the driver(s) before providing or uploading any personal information of the driver(s) on the VAHN App/Website. The User acknowledges that VAHN shall not be held liable for any claims arising due to the User’s failure to obtain proper consent.
j. The User shall indemnify and hold harmless VAHN from any claims, liabilities, losses, damages, costs, or expenses, including legal fees, arising from the User’s misuse of the VAHN App/Website for money laundering, terrorist financing, fraud, or any other financial crimes as defined under the Prevention of Money Laundering Act, 2002. Furthermore, the User shall indemnify VAHN if they are found to be engaged in, associated with, or facilitating the business of gambling, betting, or trading in cryptocurrency through the VAHN platform.
13. Miscellaneous:
a. All communication shall be emailed to the email-ID address specified in the Vahn App/Website as updated by the User.
b. User acknowledge and agree that the VAHN in its sole and absolute discretion has the right (but not the obligation) to delete/deactivate/block/blacklist User’s VAHN Account, or otherwise terminate the access to or use of the VAHN App/Website, immediately and without notice, for any reason or no reason at all, including but not limited to, if VAHN believes that User has violated these Terms and Conditions or attempted to do any fraud or misrepresentation or any such activities that are in breach of the applicable laws including Prevention of Money Laundering Act, 2002.
c. The Company shall not be held liable for any losses arising out of the transactions with the 'Blacklisted User'/ 'Blocked User'.
c. None of the VAHN’s rights shall be deemed to have been waived by any act or conduct of VAHN, or by any neglect or delay in exercising such rights, and every time shall continue in full force and effect until specifically waived by VAHN in writing.
d. These Terms and Conditions shall be governed by laws of India and competent courts in Hyderabad shall have exclusive jurisdiction over any and all disputes arising under or in connection with this Agreement.
e. In case of any dispute between the User and VAHN, the same shall be referred to Arbitration in accordance with Arbitration & Conciliation Act, 1996. The User agrees that VAHN may appoint a sole arbitrator to resolve such disputes between them.
f. If User is unable to use the Services as a result of improper operation of the systems due to any of the following reasons, User agrees that he/she will not hold VAHN and its affiliates liable for:
o System suspension which has been announced by VAHN in advance through any mode of communication;
o Failure in data transmission due to breakdown in the telecommunications equipment and systems;
o Failure in system operations due to breakdown resulting from typhoon, earthquake, tsunami, flood, electricity blackout, war, terrorist attack, and other force majeure events which are beyond our reasonable control; or
o The Services are interrupted or delayed due to hacking, authority, website upgrade, banks, and other reasons.
g. The information contained on VAHN App/Website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the VAHN App/Website or the information, features or related graphics contained on VAHN App/Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
h. In no event will VAHN be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of VAHN App/website. Through VAHN App/Website, Users are able to link to other websites which are not under the control of VAHN. We have no control over the nature, content or availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
i. The User shall not use the VAHN App/Website for any unlawful or prohibited activities, including but not limited to money laundering, terrorist financing, fraud, or any other financial crimes as defined under Prevention of Money Laundering Act, 2002. Any violation of this provision shall result in immediate suspension or termination of the User’s account, without prejudice to any legal action that may be initiated.
j. VAHN reserves the right to report any suspected illegal activities or suspicious transactions to the relevant authority, without prior notice to the User.
k. VAHN is not engaged in, associated with, or facilitating the business of gambling, betting, or trading in cryptocurrency. Users are expressly prohibited from using the VAHN App/Website for any such activities, including but not limited to, conducting, promoting, or participating in gambling, betting, or cryptocurrency trading. Any violation of this provision may result in the immediate suspension or termination of the User’s account, along with the reporting of such activities to the relevant authorities, as required by law.
l. The User represents and warrants that he/she is at least 18 years of age and legally competent to enter into a contract under the Indian Contract Act, 1872. If the User is acting on behalf of an entity, such as a company, partnership, or proprietorship, the User further represents that he/she has the legal authority to bind that entity to this Agreement with VAHN.
14. ADDITIONAL REQUIREMENTS
VAHN may use information provided by User to: (i) enforce the Terms of Use, monitor user activity, such as keyword searches or new postings, and more effectively manage traffic on the Platform; (ii) provide customer services, create and manage user accounts; and (iii) assist you with technical difficulties. Also, VAHN may share with third- party service providers certain information, such as User browser capabilities or operating system, that VAHN have collected in order to better understand which advertisements and services may interest User. VAHN may retain such information for as long as is required to fulfil the business objective, even after the User account is terminated.
By accepting these Terms and Conditions, Users expressly authorize VAHN and its affiliates, representatives, agents, and service providers to contact User through various communication channels, including but not limited to telephone calls (including automated calls), text messages (SMS), emails, push notifications, in-app messages, and postal mail, for the purposes of:
Providing account updates and service notifications
Sharing promotional offers and marketing communications
Conducting customer surveys and feedback collection
Addressing customer service inquiries and support
Sending security alerts and verification messages
Delivering transaction confirmations and billing information
Any other communications related to your use of our services
Users acknowledge that such communications may be made using automated dialing systems, artificial or pre-recorded voice messages, or other automated means. This authorization remains valid until explicitly revoked by User to VAHN. User understand that standard message, data, and calling rates from User’s service providers may apply to these communications.
Users may opt-out of marketing communications at any time by following the unsubscribe instructions included in VAHN’s messages or by contacting our customer service department. Please note that even if User opt-out of marketing communications, User may still receive administrative and transactional messages related to your account and services.
I HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS AGREEMENT AND I AGREE TO BE BOUND BY THE SAME.
I ACCEPT