1. Product: This product is a digital mobile application for select dealers ("Participant") as determined by TotalEnergies Marketing India Private Limited (hereinafter called TEMIPL), under which the Participants will be able to place orders for products on distributors of TEMIPL, view status of their orders, view status of their targets and achievements, be informed about schemes and new product launches etc. and shall be called the TotalEnergies Easy Deal App.
2. Application: Each Participant is required to install and use the TotalEnergies Easy Deal App. TEMIPL's App ("App") will be used in accordance with the terms of use of the App given below these T&Cs. Each Participant shall be deemed to have accepted the terms of use for the App and to the extent
required, the same terms will be deemed to have been incorporated into these T&Cs as well.
3. Entire Agreement: This application will be governed by the terms and conditions("T&Cs") contained herein below. These T&Cs contain the entire agreement between a Participant and TEMIPL w.r.t the App. TEMIPL reserves a right to amend these T&Cs, at any time, in its sole discretion without any notice and/or reason. The decision of TEMIPL shall be final and binding in all matters relating to the App. Each Participant is required to frequently visit the App and read these T&Cs to understand any updates.
4. Organizer: The organizer of the App is TotalEnergies Marketing India Private Limited "TEMIPL"). TEMIPL may from time to time appoint independent third-party service providers for operating the App and/or receiving any services related to it. TEMIPL may also engage any of its affiliates in its sole discretion for the purpose of operating the App.
5. Participation: The Program is extended by invitation only to those Participants who are registered dealers ("Retailer") of TEMPIL and have registered themselves on TotalEnergies Easy Deal App. TEMIPL reserves the right to choose the Participants
for this App at its discretion.
6. Registration:
a. Each Participant will be required to register itself as a user and a participant on the App. Each participant shall be deemed to have read through these T&Cs, the terms of use of the App and all other policies uploaded on the App from time to time.
b. The Participant shall also provide their mobile number at the time of registration with TEMIPL.
c. Participants acknowledge that if any incorrect or inconsistent information is provided by a Participant, TEMIPL also retains a right to disqualify any Participant at any time.
d. Each Participant's registration in the App shall be valid only on the mobile number given at the time of registration of the App and as per Participant's profile details and "know your customer" parameters in TEMIPL records. Downloading TotalEnergies Easy Deal App on any mobile number other than the registered number will disqualify the Participant.
7. Limited Liability: In no event shall TEMIPL and/or its affiliates, and their respective officers, directors, agents, and employees, be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to this APP.
8. Indemnity: Each Participant shall keep TEMIPL indemnified against all liabilities arising out of its failure to pay any tax and/or due to all other actions, proceedings, claims, damages, charges, costs, and expenses whatsoever in relation to this App.
9. Intellectual Property Rights:
(i) All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to TEMIPL, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us.
(ii) Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.
(iii) We will not hesitate to take legal action against any unauthorized usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved.
10. Privacy: Each Participant consents to collection, sharing including with third parties for implementing the offer or communicating other offers/activities in future), storing, processing & use of their information i.e., name, address, phone number, email id, bank account (if any) etc., for the purposes detailed herein, as per TEMIPL's privacy policy available at the end of this document.
TEMIPL may share the information within the TotalEnergies group companies, and/or with other third-party service provides including data processors from or outside India.
11. By sharing information with TEMIPL, the Participants further consent to disclosure of personal information by TEMIPL, its affiliates, associates, agents, contractors to third parties for promotional activities.
12. The Participant shall keep the details of this app and also his/her log in details confidential.
13. TEMIPL will not be responsible for any claims, losses or liabilities if a Participant shares their details with any third party.
14. TEMIPL reserves the right to alter, change or modify the T&Cs of the App at any time it is in force at its discretion and without any prior notice and without assigning any reason.
15. In the event of any inconsistency between these T&Cs and any advertising, publicity and other materials relating to or in connection with the App, these T&Cs shall prevail.
16. The Participant shall not bring any action, claim, damages or other proceedings against TEMIPL, its directors, agents, employees, licensees or assignees, the event sponsors, or any of its affiliates, or persons associated with TEMIPL in relation to the App.
17. Participants represent and warrant that they are a resident of India, above the age of 18 and are competent to contract. Notwithstanding anything contained herein, TEMIPL hereby reserves the right to deny access to the system or any part thereof to any person, without assigning any reason therefor.
18. The following categories of persons are also not eligible to use the Easy Deal App: A) Employees of TEMIPL and/or their Associates/ affiliate and their family members if up to first degree of consanguinity.
19. The Participant shall not bring any action, claim, damages or other proceedings against TEMIPL, its Directors, agents, employees, licensees or assigns, the event sponsors, or any company or persons associated with TEMIPL or hold TEMIPL or its affiliates responsible or any losses or damages under the App or in the event suffering any personal injury or death or any damage being caused to any property belonging to them.
20. TEMIPL shall be excused from performance under these T&C, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) acts of God;(b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion;(c)pandemics, quarantines or embargoes; (d)labor strikes; (e) error or disruption to computer hardware or networks or software failures; or (g) any other causes (whether similar or dissimilar) beyond the reasonable control of TEMIPL.
21. The Participant shall not assign these T & C, or any rights, benefits or obligations hereunder without the express written permission of TEMIPL. Any attempted assignment that does not comply with these T& C shall be null and void. TEMIPL may assign these T & C, in whole or in part, to any third-party in its sole discretion.
22. The Participant acknowledges and agrees to comply with all applicable laws, regulations, and guidelines with respect to the transactions contemplated under these T&C.
23. This App and these Terms and Conditions shall be read and interpreted as per the laws of India. Any dispute with regard to the App will be subject to the exclusive jurisdiction of competent courts in Mumbai only.
24. Participants will responsible for the payment of all Goods and Service Tax (GST), other taxes, duties, fines penalties including , if any, and related compliance's as may become due and payable under any local, state and/or centrals, rules and/or regulations, prevalent and amended from time to time, in relation to the supply of goods or services agreed to be rendered by them under the App. TEMIPL will not be liable for reimbursement or collection and/or payment of any of such taxes, duties, fines, penalties, etc. in any manner whatsoever at any stage.
The Participants shall indemnify and keep indemnified TEMIPL against all liabilities incurred because of the failure of the Participant to pay all the taxes as aforesaid including all actions, proceedings, claims, damages, charges, costs and expenses whatsoever in relation thereto.
TotalEnergies Easy Deal Terms of Use
1. Use of the TotalEnergies Easy Deal app will be governed by the Terms and Conditions contained herein below ("T&C"). Each user agrees that he/she has read and understood the T&Cs and each user agrees to be bound by the T&Cs.
2. TEMIPL does not guarantee that the TotalEnergies Easy Deal app is perfect or free from faults or the information contained is completely accurate. Participants are encouraged to visit to our website for updated customer care information. Although we make reasonable efforts to update the information provided by TotalEnergies Easy Deal App we make no representations, warrantees or guarantees, whether express or implied, that such information is accurate, complete, or up to date. TotalEnergies Easy Deal App and the services have not been developed to meet your individual requirements. Please check that the facilities and functions of TotalEnergies Easy Deal App meet your requirements.
3. Access to TotalEnergies Easy Deal App:
a. By accessing and using this App, the user represents, warrants, and agrees that: a. The user is a resident of India above the age of 18 and is competent to contract.
b. The user is registered as an existing TEMIPL dealer and is a buyer of TEMIPL products.
c. The user is able to create a binding legal obligation.
d. The user is not barred from receiving products or services under applicable law.
e. The use of the TotalEnergies Easy Deal App will at all times comply with these Terms and Conditions.
f. The user shall provide any and all information as is required and ensure that all such information is accurate, true, current and complete.
g. Certain details like location address and pin code will be captured by TEMIPL through the Easy Deal application using a global positioning system (GPS) tracker and such location details are a per-requisite for the user to commence using the Easy Deal application. The user consents and permits TEMIPL to capture such location details as and when the user logs onto the Easy Deal Application. The user understands and agrees that if such details are not procured or the user does not permit the GPS tracker to access their location details, the user will not be able to access and use the Easy Deal application.
h. The user will update the correct information and ensure that it is accurate at all times.
i. Downloading the TotalEnergies Easy Deal app shall be deemed to be consent by the user to receive promotional messages about the App and schemes of TEMIPL from TEMIPL or any third party so authorized by TEMIPL.
j. Users shall not reverse engineer, tamper or misuse the App while download, installation or functioning of the App in any manner.
4. Usage of the TotalEnergies Easy Deal app
The purpose of the app is to place order, be aware of the schemes on products, targets and achievements, acknowledge invoices and so on. The app will function as follows:
a. Users register themselves on the app by providing their mobile numbers. An OTP is sent to the mobile number and the user sets a password post which the user is registered for using the app.
5. Users may be barred from using the TotalEnergies Easy Deal app in case of misuse. TEMIPL shall have sole discretion in barring such users.
6. In order to provide our products and services we may, however, need to share your personal information with other companies within the TotalEnergies group of companies, and/or third party service providers that process data on our behalf. Since TotalEnergies operates globally, TotalEnergies may receive the information in other jurisdictions or want to transfer your personal information to other countries, including countries outside India. We reserve the right to disclose your personal information as required by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator or any other legal process served on TEMIPL. In the event that TEMIPL is subject to a takeover, divestment or acquisition we may disclose your personal information to the new owner of the business.
7. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in TotalEnergies Easy Deal App, throughout the world belong to us and also the rights in TotalEnergies Easy Deal App. You shall not claim or impair in any manner the intellectual property rights in, or to, TotalEnergies Easy Deal App other than the right to use TotalEnergies Easy Deal App in accordance with these terms.
All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.
We will not hesitate to take legal action against any unauthorized usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved.
8. You must:
a. Not use TotalEnergies Easy Deal App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into TotalEnergies Easy Deal
App or any operating system.
b. Not infringe our intellectual property rights or those of any third party in relation to your use of TEMIPL Easy Deal App.
c. Not use TotalEnergies Easy Deal App or any service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
d. Not collect or harvest any information or data from or our systems or attempt to decipher any transmissions to or from the servers running TotalEnergies Easy Deal App.
9. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party (including, but not limited to those individuals in your own company). TEMIPL has the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us. You can refer to our website for details of our customer care.
The users shall not bring any action, claim, damages, or other proceedings against TEMIPL, its directors, agents, employees, licensees or assigns, affiliates or persons associated with TEMIPL in the event suffering any injury or losses or any damage being caused on account of usage of the TotalEnergies Easy Deal app.
10. You agree that you will not
a. lease, sub-license, loan, rent, provide, or otherwise make available, TotalEnergies Easy Deal App in any form, in whole or in part to any person without prior written consent from us.
b. copy TotalEnergies Easy Deal App.
c. translate, merge, adapt, vary, alter or modify, the whole or any part of TotalEnergies Easy Deal App, nor permit
TotalEnergies Easy Deal app or any part of it to be combined with, or become incorporated in, any other App.
d. Un-assemble, de-compile, reverse engineer or create derivative works based on the whole or any part of TotalEnergies Easy Deal App nor attempt to do any such things
e. you shall comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by TotalEnergies Easy Deal App or any service.
12. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
a. We do not guarantee that the TotalEnergies Easy Deal App will be secure or free from bugs or viruses.
b. You are responsible for configuring your information technology, computer programs and platform to access TotalEnergies Easy Deal App. You should use your own virus protection software.
c. You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful.
13. TEMIPL reserves, at any time, the right to refuse reimbursement to a user who TEMIPL decides (in its sole discretion)
a. Has violated the Terms and Conditions including but not limited to gaining an unfair advantage in scanning using fraudulent means.
TEMIPL also reserves the right, at any time, to verify the validity of submissions made by the users.
14. UPDATE TO TEMIPL Easy Deal App AND CHANGES TO THE SERVICE From time to time we may automatically update TotalEnergies Easy Deal App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update TotalEnergies Easy Deal App for these reasons. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using TotalEnergies Easy Deal App and the Services. TEMIPL shall not be liable for any cost incurred by the user for downloading the app or regular usage of the app.
15. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
a. By using TotalEnergies Easy Deal or any of the Services, you permit TEMIPL and its affiliates to collect and use technical information about the devices you operate
TotalEnergies Easy Deal App on and the related software, hardware, and peripherals to improve our products and to provide any services to you.
b. All user personal details must be valid and up to date and will be held by TEMPIL and may be used for the purpose of the app and for future promotion and marketing purposes in accordance with TEMIPL privacy Policy at the bottom of this document otherwise directed by users at the time of using the app.
16. The user shall not assign these T&Cs, or any rights, benefits or obligations hereunder without the express written permission of TEMIPL. Any attempted assignment that does not comply with these T & cs shall be null and void. TEMIPL may assign these T & cs, in whole or in part, to any third-party in its sole discretion.
17. The T&Cs and other terms incorporated by reference, constitutes the entire agreement and understanding between the user and TEMIPL with respect to the subject matter hereof and supersedes all prior or communications and contemporaneous proposals, whether oral or written, between
the user and TEMIPL with respect to such subject matter.
18. TEMIPL reserves its right at all times to modify any part of these T & cs at its sole discretion. The user agrees to revisit the T & Cs regularly to ensure that they stay informed of any changes. The user's continued use of the services after any update to the T & Cs will constitute acceptance of the modified T&Cs.
19. In the event of any inconsistency between these T&Cs and any other materials, documents or writings relating to or in connection with the app, these T&Cs shall prevail.
20. The failure of TEMIPL at any time to require observance or performance by the user of any of the provisions of these T & C shall in no way affect TEMIPL's right to require such observance of performance at any time thereafter, nor shall the waiver by TEMIPL of a breach of any provision hereof by the user be taken or held to be a waiver of any succeeding breach of such provision. A waiver of any of the provisions herein by TEMIPL shall not be deemed to be a continuing waiver but shall apply solely to the instances to which the waiver is directed.
21. TEMIPL shall be excused from performance under these T&C's, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from:(a) acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d)labor strikes; (e) error or disruption to computer hardware or networks or software failures; or (g) any other causes (whether similar or dissimilar) beyond the reasonable control of TEMIPL.
22. In no event shall TEMIPL, its promoters, licensees, affiliates, subsidiaries, group companies (as applicable) and the irrespective officers, directors, agents, and employees, be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of or related to: (a) The user's use of or reliance upon the application, and any other content or information contained in the application; (b) The user's inability to use the application; (d) the quality, quantity merchant ability or performance or any product or service. We exclude all implied conditions, warranties, representations, or other terms that may apply to our site or any content on it.
23. Each and every obligation under these T&Cs shall be treated as a separate obligation and shall be severally enforceable as such and in the event of any obligation or obligations being or becoming unenforceable in whole or in part. To the extent that any provision or provisions of these T & Cs are unenforceable, TEMIPL may amend such clauses as may be necessary to make the provision or provisions valid and effective. Notwithstanding the foregoing any provision which cannot be amended as may be necessary to make it valid and effective, may be deleted by TEMIPL from these T & Cs and any such deletion shall not affect the enforceability of the remainder of this these Terms.
24. Any dispute regarding the TotalEnergies Easy Deal App will be subject to the jurisdiction of competent Courts in Mumbai only.
25. In the event of any dispute or difference between the user and TEMIPL arising out or in any way relating these T & C, the same shall be referred to arbitration to be conducted by a sole arbitrator appointed by TEMIPL. The arbitration proceedings shall be conducted in Mumbai, in accordance with the provisions of Arbitration & Conciliation Act 1996.
26. WE WILL NOT ALLOW TO ACCESS THISAPP FROM ANY ROOTED DEVICE.
User is expected is to download and use the application on their smartphone's devices with a standard Android operating system only and any deviation from the above or use of specialized devices for accessing the application is not permissible. The User is solely responsible for any actions or losses incurred on account of any non-permissible use of the application as stated herein and TEMIPL will not be held responsible or
accountable for any such deviation.
PRIVACY POLICY
Welcome to the TotalEnergies Easy Deal App. By registering on the app, you acknowledge that you have read, understood and accepted, without limitation or reservation, our Personal Data Policy (the “Policy”) and General Terms of Use.
This policy is intended to inform you of the rights and freedoms that you can exercise regarding our use of your personal data. It also describes the measures that we implement to protect them.
TotalEnergies Marketing India Private Limited is the “Data Controller” regarding managing the app. This processing is carried out in accordance with applicable law.
1. Purpose and Basis for Processing the Data Collected, and their Storage Period.
By registering on the app, you are liable to provide us with a certain amount of personal data so that you can benefit from the services offered by our app and maximize your user experience on our app.
You agree to let us process your personal data so that we can provide you access to the app's services and make your user experience easier.
Your data are stored for a maximum of 24 months.
2. Data Recipients
Your personal data are liable to be disclosed to certain departments of the Data Controller or companies within the Total Group, as well as to certain partners or subcontractors.
3. Data Transfers
All data transfers to countries outside of the European Economic Area are carried out in accordance with the applicable regulations and in such a way as to ensure adequate protection of the data.
Under the terms governing the services provided on the app, your data may be transferred to recipients that are partners of the Total Group, or any Total Group company outside the European Union.
To ensure the adequate protection of personal data originating in the European Economic Area and which may be transferred to Total Group entities established outside the European Economic Area, “Binding Corporate Rules” (BCR) have been adopted.
For personal data transfers which are not covered by the BCR and bound for countries outside the European Economic Area, other measures have been established to ensure adequate data protection.
If you wish to obtain more information about our BCR, please click here. For all information on the other measures established to ensure adequate protection, please write to the contact address mentioned below.
4. Security and Confidentiality of Your Data
The data controller will implement the appropriate measures to maintain the security and confidentiality of your personal data, particularly to prevent it from being altered, damaged or accessed by unauthorized third parties.
5. Your Rights / Contact
In accordance with the regulations in force, you have the right to access, rectify, delete, and object to the processing of your personal data.
You can request the communication of your personal data as well as the limitation or portability of your personal data.
You can exercise these rights and consult us regarding the processing of your personal data by contacting us at the following address:
Department of communication
TotalEnergies Marketing India Pvt. Ltd.
3rd Floor, The Leela Galleria, Andheri – Kurla Road,
Andheri (East), Mumbai, Maharashtra State, INDIA 400059. Phone number: +022 6723 2500
Finally, you can lodge a complaint with the authority in charge of compliance with personal data protection requirements.