Welcome to NearbyPetrolPumpsPakistan. NearbyPetrolPumpsPakistan provides one place, online, for care providers to automate their practice.

Terms of Service Agreement

This Terms of Service Agreement (the “Agreement”) is made and entered into by and between you and Bilytica (“NearbyPetrolPumpsPakistan”), a company incorporated in Pakistan under the Companies Act, 1956. This Agreement contains the terms and conditions that govern the use of, and the terms and conditions upon which Bilytica will provide to you app to help you find the near by petrol pumps. (collectively, the “Service”).

You are required to indicate your acceptance of the terms and conditions below in order to access and use the Service. By accessing or using the Service, you are consenting to be bound by the terms of this Agreement.

This Agreement is applicable to all persons who use or access the Service, in their company’s capacity or on an individual capacity, including authorized users representing the employer, its employees or other persons using or accessing the Service (collectively, “Users”). If you are agreeing to these terms on behalf of a business, you represent and warrant that you have authority to bind that business to this Agreement, and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” refer to that business.

 

Proprietary Rights

NearbyPetrolPumpsPakistan owns all worldwide right, title and interest in and to the Service and the website, applications and software platform that NearbyPetrolPumpsPakistan uses to provide the Service ( “NearbyPetrolPumpsPakistan IP”). This Agreement does not convey any proprietary interest in or to any NearbyPetrolPumpsPakistan IP or rights of entitlement to the use thereof except as expressly set forth herein. You acknowledge and agree that the fees paid pursuant to this Agreement apply only to the use of the Service by you. Any feedback, comments and suggestions you may provide for improvements to the Service ( “Feedback”) is given entirely voluntary and NearbyPetrolPumpsPakistan will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as it sees fit, entirely without obligation or restriction of any kind.

Disclaimer

Your use of the Service is entirely at your own risk. NearbyPetrolPumpsPakistan is not in the business of providing legal, tax, financial, accounting, employment, or other professional services or advice. You should consult a professional trained in those areas if you need such assistance. The Service is provided “AS IS” and on an “AS AVAILABLE” basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NearbyPetrolPumpsPakistan DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, NON-INFRINGEMENT, OR THE ACCURACY, RELIABILITY, QUALITY OF ANY INFORMATION OR CONTENT IN OR LINKED TO THE SERVICE. NearbyPetrolPumpsPakistan DOES NOT WARRANT THAT THE SERVICE WILL BE COMPLETELY SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. If the exclusions for any implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of delivery of the Service.

Term; Termination

The Service will continue until such time as you or NearbyPetrolPumpsPakistan gives 30 days’ prior written notice (which may be given by email or through a notice in your account), unless termination is for cause. NearbyPetrolPumpsPakistan may terminate or temporarily suspend your access to the Service in the event that: (i) you breach any material provision of this Agreement that, (if it is capable of being cured) is not cured within 10 days from notice to you (5 days in the case of non-payment); or (ii) NearbyPetrolPumpsPakistan determines that your actions are likely to cause legal liability for NearbyPetrolPumpsPakistan or that you have misrepresented any data or information required by NearbyPetrolPumpsPakistan in connection with the Service or at any other time. The termination of the Service or this Agreement will not affect your or NearbyPetrolPumpsPakistan’s rights with respect to transactions which occurred before termination. Upon any termination of the Service, your right to access and use the Service will automatically terminate, and you may not continue to access or use the Service. NearbyPetrolPumpsPakistan will have no liability for any costs, losses, damages, or liabilities arising out of or related to NearbyPetrolPumpsPakistan’s termination of this Agreement.

Indemnity; Limitation of Liability

You agree to indemnify, defend and hold NearbyPetrolPumpsPakistan and its agents, contractors, services providers and affiliates (each, an “Indemnified Party”), harmless against all liabilities, claims, demands, damages, losses, fines, judgments, disputes, costs, charges and expenses (including, without limitation, reasonable attorneys’ fees incurred in connection with such claims) made by you or others resulting from, arising out of or related to (i) any acts or omissions by you, your Payroll Administrator and/or any other authorized users, or (ii) NearbyPetrolPumpsPakistan’s or any other Indemnified Party’s use of or reliance on information and data furnished by you or resulting from activities that NearbyPetrolPumpsPakistan or any other Indemnified Party undertakes at your request, or at the request of anyone NearbyPetrolPumpsPakistan or any other Indemnified Party believes in good faith to be your authorized agent, in providing the Service or otherwise in connection with this Agreement. In no event will NearbyPetrolPumpsPakistan’s or any other Indemnified Party’s liability for any act or omission relating to the Service exceed the total charge for services provided for the two (2) month period immediately preceding such act or omission by NearbyPetrolPumpsPakistan. IN NO EVENT WILL NearbyPetrolPumpsPakistan OR ANY OTHER INDEMNIFIED PARTY HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGES REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION OR WHETHER NearbyPetrolPumpsPakistan OR ANY OTHER INDEMNIFIED PARTY KNEW OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.

Governing Law

This Agreement shall be treated as though it were executed and performed in Pakistan and shall be governed by and construed in accordance with the laws of the Union of Pakistan. All actions shall be subject to the limitations set forth in this agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

Arbitration

Notwithstanding any other provision in this Agreement, if either you or NearbyPetrolPumpsPakistan have any unresolvable dispute, controversy or claim, whether founded in contract, tort, statutory or common law, concerning, arising out of or relating to this Agreement or the Service, including any claim regarding the applicability, interpretation, scope or validity of this arbitration clause and/or this Agreement (a “Claim”) and upon the demand of either party, the Claim shall be referred to a sole Arbitrator to be mutually appointed by the Parties and the award made in pursuance thereof shall be final and binding on the Parties. The arbitration proceedings shall be governed in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The arbitration shall be conducted in English language and the venue of such Arbitration shall be held in the city of Hyderabad.

Changes to Terms or Services

We may modify the Agreement at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Agreement on the Site or through other communications. NearbyPetrolPumpsPakistan will try to, but is not obligated to, provide thirty (30) days prior notice of any such material change. It’s important that you review the Agreement whenever we modify it because if you continue to use the Services after we have posted the modified Agreement on the Site, you are indicating to us that you agree to be bound by the modified Agreement. If you don’t agree to be bound by the modified Agreement, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

General

This Agreement constitutes the entire agreement between NearbyPetrolPumpsPakistan and you regarding the Service and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as otherwise provided herein. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You may not assign this Agreement without the prior written consent of NearbyPetrolPumpsPakistan. The provisions of this Agreement shall inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns.

Electronic Transmission

This Agreement, and any amendments hereto, by whatever means accepted, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effect as if it were an original signed version thereof delivered in person. Neither party hereto shall argue that a contract was not formed hereunder based on either (i) the use of electronic means to deliver a signature or to indicate acceptance of this Agreement or (ii) the fact that any signature or acceptance of this Agreement was transmitted or communicated through electronic means; and each party forever waives any related defense.

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