Thank you for choosing Drop diesel Fuels! For your convenience, we have made the Terms of Service as straightforward as possible, including a short, non-binding summary followed by the full legal terms.
IMPORTANT: Please review the disclaimer clause of Section 4 and the arbitration and class action waiver clauses in Section 6 of this Agreement. Except for certain types of disputes mentioned in the arbitration clause, you and drop diesel Fuels agree that disputes between us will be resolved by mandatory binding arbitration. If you reside in the India, this provision applies to all disputes with drop diesel Fuels. If you reside outside of the India, this provision applies to any action you bring against drop diesel Fuels in the India.
drop diesel Fuels is always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them.
This is a contract (“Agreement”) between you and drop diesel Fuels, Inc., a Delaware Corporation (“drop diesel,” “we,” or “us”), applicable when you use or access the site, services and mobile application by drop diesel, in existence now or in the future (“drop diesel Services,” “drop diesel,” or “Services”). In this Agreement, the words “including” and “include” mean “including, but not limited to.”
Your access and use of the Services constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and drop diesel. If you do not agree to any of the terms of this Agreement, you may not access or use the Services. This Agreement expressly supersedes any prior agreements or arrangements with you. drop diesel may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental Terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services (“Supplemental Terms”). Supplemental Terms are in addition to, and shall be deemed a part of, the Agreement for the purposes of the applicable Services. Supplemental Terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
drop diesel may amend the terms related to the Services from time to time. Amendments will become effective upon the publication of an amended Agreement. From time to time, the Agreement may change. If/When this occurs, drop diesel will notify you by revising the date at the top of the Agreement, and/or by providing you additional notice. Your continued access or use of the Services after such posting constitutes your consent to be bound by the amended Agreement. If you do not agree with the amended Agreement, please do not use the Services.
A person must create your account which allows drop diesel to provide you Services; you must be 18 years of age or older and provide a certain amount of personal information to create an account; you allow drop diesel to collect your precise geolocation and vehicle information; and drop diesel may send you informational and marketing text messages. You own your personal information and User Content, permitting drop diesel to use your User Content, and we own our company and intellectual property information. You alone are responsible for keeping your account secure. You may not have more than one account.
The Services constitute a technology platform that enables users of drop diesel’s applications or websites (each, an “Application”) to arrange and schedule logistics services, including delivery of fuel and other products and services. Unless otherwise agreed by drop diesel in a separate written agreement with you, the Services are made available solely for your personal and noncommercial use.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to drop diesel certain personal information, such as your name, address, mobile phone number, password, vehicle year, make, license plate, and model, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or drop diesel’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by drop diesel in writing, you may only possess one Account.
You agree to allow drop diesel to collect your precise geolocation. We collect this geolocation for the purpose of improving your user experience - such as reminding you to request a drop. You may disable your geolocation but be advised this may impact Services from drop diesel to you. We will not disclose your geolocation to any third parties without your consent.
You agree to allow drop diesel to collect your vehicle information, such as the general condition of your vehicle, license plate, make, model or year, or vehicle identification number (“VIN”), on occasion if there is an error in the information you provided or for verification purposes. This may be collected by taking a picture of your vehicle.
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not use the Services to cause any nuisance, annoyance, inconvenience, or property damage, whether to drop diesel or any other party. In certain jurisdictions and with certain fuel products, drop diesel’s mobile refueling service can only be used when there is an emergency fuel need. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to use of the Services if you refuse to provide proof of identity.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. drop diesel does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Subject to your compliance with this Agreement, drop diesel grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
You may not:
The Services and all rights therein are and shall remain drop diesel’s property or the property of drop diesel’s licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights:
You agree to allow drop diesel to send you informational text (SMS) messages. We send you messages for the purpose of delivering the service and improving your customer experience - for example, if we need to contact if we are not able to locate your vehicle. You can opt out of receiving the text messages by replying “STOP” after any text message received, but be advised this may impact Services from drop diesel to you.
drop diesel may, in drop diesel’s sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for Account credit, or other features or benefits related to the Services and, subject to any additional terms that drop diesel establishes on a per promotional code basis. You agree that Promo Codes:
drop diesel reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that drop diesel determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
drop diesel may, in drop diesel’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to drop diesel through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. By providing User Content to drop diesel, however, you grant drop diesel a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly perform, and otherwise utilize in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and drop diesel’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by drop diesel in its sole discretion, whether or not such material may be protected by law. drop diesel may, but shall not be obligated to, review, monitor, or remove User Content, at drop diesel’s sole discretion and at any time and for any reason, without notice to you.
drop diesel sometimes release products and features that we are still testing and evaluating (“Beta Services”). drop diesel will inform you of any Beta Services that may become available by identifying them as “beta”, “preview”, “early access”, or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as drop diesel's other services, so please keep that in mind.
You are responsible for all fees associated with your use of drop diesel’s Services. We are responsible for communicating those fees to you clearly and accurately. You agree to receive a receipt via email or text or through the drop diesel App itself. If a modification or cancellation of Services is necessary, drop diesel will notify you of this. You are under no obligation to tip your driver for Services, though we would appreciate it you provided feedback about your experience.
You understand that use of the Services may result in charges to you for the services or goods you receive from drop diesel (“Charges”). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by drop diesel. All Charges are due immediately and payment will be facilitated by drop diesel using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that drop diesel may use the secondary payment method from your Account, if available. You agree that drop diesel will send you a receipt by email or text message, and/or through the application. This electronic receipt is sufficient for all purposes, including any specific requirements under applicable law. If you prefer to receive a paper receipt, please contact email@example.com within 30 days of each drop, to request a physical receipt which will be mailed to you at our earliest convenience.
drop diesel, at its sole discretion, reserves the right to create, modify, and remove Charges for any or all services or goods obtained through the use of the Services. drop diesel may from time to time provide certain users with Promo Codes and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. You agree that such Promo Codes and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to provision of the Services, in which case you may be charged a cancellation fee.
drop diesel may, at its sole discretion, elect to not fill a requested vehicle if drop diesel deems it unsafe to do so, or if fueling the vehicle would violate an applicable law, code, standard, or procedure. In such an event, the request may be cancelled by drop diesel, or the customer may be notified and asked to move their vehicle to a safe filling area. If the request is cancelled by drop diesel, no payment will be charged. The Account holder will be notified.
Gratuities are voluntary. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver who provides you with services or goods obtained through the Services, you are under no obligation to do so. After your Services have been completed, we would appreciate that you rate and leave additional feedback about your experience, but you are under no obligation to do so.
Drop diesel may, in its sole discretion, round up or round down amounts that are payable to drop diesel to the nearest whole functional base unit; for example, drop diesel will round up an amount of $41.505 to $41.51, or $41.491 to $41.490.
We will not be liable for damages or losses arising from your use or inability to use the Services, or otherwise arising under this agreement. You may receive a small amount of residual fuel – this is the fuel remaining in the hose from a previous customer’s drop, which may be a different grade of fuel than what you requested in your drop. Please read this section carefully as it limits our obligations to you.
YOU USE THE DROP DIESEL SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
DROP DIESEL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DROP DIESEL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DROP DIESEL DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OF FUELS PROVIDED TO YOU. YOU AGREE THAT, ON OCCASION, THERE MAY BE INSTANCES WHERE YOU RECEIVE NO GREATER THAN 2.13 GALLONS, PER MANUFACTURER ESTIMATES, OF RESIDUAL FUEL REMAINING IN THE HOSE FROM THE PREVIOUS CUSTOMER’S TRANSACTION. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
DROP DIESEL SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF DROP DIESEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DROP DIESEL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. DROP DIESEL SHALL NOT BE LIABLE FOR DELAY, FAILURE IN PERFORMANCE, OR OTHER INJURIES RESULTING FROM CAUSES BEYOND DROP DIESEL’S REASONABLE CONTROL.
FURTHERMORE, DROP DIESEL IS NOT LIABLE FOR ANY OTHER INTANGIBLE LOSSES RESULTING FROM:
DROP DIESEL ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR A DELAY, FAILURE IN PERFORMANCE, ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY AND/OR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY OTHER INJURY RESULTING FROM CAUSES BEYOND DROP DIESEL’S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You are responsible for your use of the Services.
You are responsible for your use of the Services, and you will indemnify and hold drop diesel and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “drop diesel Entities”) from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in any way connected with:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
You agree to binding arbitration which means that you waive your right to have a judge potentially hear your claim and instead agree to neutral third party, an arbitrator, hear both sides and decide upon the claim. You also waive your right to be in a class action suit. Please read this section carefully as it limits the manner in which you can seek relief from drop diesel.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against drop diesel on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against drop diesel, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against drop diesel by someone else.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and drop diesel. You acknowledge and agree that you and drop diesel are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and drop diesel otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to:
YOU AND drop diesel AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and drop diesel agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If drop diesel makes any future change to this arbitration provision, other than a change to drop diesel’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to drop diesel’s address for Notice, in which case your account with drop diesel will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If the subsection (Enforceability) is found to be unenforceable or if the entirety of this Section 6 is found to be unenforceable, then the entirety of this Section 6 (other than, in the latter case, this subsection (Enforceability)) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 7 will govern any action arising out of or related to these Terms.
This agreement is governed by the laws of Telangana.
This Agreement is governed by and construed in accordance with the laws of the State of Telangana, India, without giving effect to any conflict of law principles.
Claims of copyright infringement should be sent to drop diesel’s designated agent, at firstname.lastname@example.org.
drop diesel may give notice by means of a # general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice s hall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to drop diesel, with such notice deemed given when received by drop diesel, at any time by first class mail or pre-paid post to drop diesel #81, 1st floor, Sai Santosh Towers, Opp: Golconda Chef's, Ayyappa Society Main Road, Madhapur, Hyderabad, Telangana-500081.
Neither you nor drop diesel may transfer your obligations under this Agreement to anyone else without written consent.
You may not assign this Agreement without drop diesel’s prior written approval. drop diesel may assign these Terms without your consent to:
Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, drop diesel as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. drop diesel’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by drop diesel in writing.
If you are using our mobile applications on an iOS device, the terms of this section (Notice Regarding Apple) apply. You acknowledge that this Agreement is between you and drop diesel only, not with Apple, and Apple is not responsible for the Services. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession or use of the Services, including:
Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringes that third party’s intellectual property rights. you agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you. You hereby represent and warrant that:
If you have any questions about these Terms of Service, the practices of drop diesel, or your dealings with drop diesel, you may contact us at drop diesel #81, 1st floor, Sai Santosh Towers, Opp: Golconda Chef's, Ayyappa Society Main Road, Madhapur, Hyderabad, Telangana-500081 or at email@example.com.