Terms of Service

1. Who these terms are between

DeskGas (www.deskgas.com, its sub-domains and any DeskGas app) is a product of Qlooto Technologies, a sole proprietorship of Vaibhav Bhati, House No. 45, B Block, Sector P-3, Phase 3, Greater Noida, Uttar Pradesh 201310 (GSTIN 09AJPPB7916C3Z5) ("Qlooto", "DeskGas", "we", "us"). These Terms of Service ("Terms") are a binding agreement between us and the distributorship, firm, company or person that opens a DeskGas account ("Customer", "you"), and they also bind every person who uses DeskGas under your account ("Users").

These Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it, and are formed electronically under section 10A of that Act. They need no physical or digital signature. By ticking the box at sign-up, creating an account, logging in, paying an invoice or using DeskGas in any way, you accept these Terms, the Privacy and Data Protection Policy, the Data Processing Terms, the Acceptable Use Policy and the Refund and Cancellation Policy, which together form the agreement ("Agreement"). If you do not accept them, do not use DeskGas.

2. Eligibility and authority

• DeskGas is for businesses only: LPG distributorships appointed by an oil marketing company, and their staff. It is not offered to consumers for personal use.
• The person who signs up confirms that they are at least 18 years old, competent to contract under the Indian Contract Act, 1872, and the proprietor or a partner or director of the distributorship, or authorised by it in writing to accept these Terms on its behalf. If they are not, that person is personally bound by these Terms and is liable to us for any loss caused.
• You confirm that the distributor code, agency name, GSTIN and other details you give are true, belong to your distributorship, and that you will keep them up to date.
• You use DeskGas for commercial purposes. You agree that you are not a "consumer" under section 2(7) of the Consumer Protection Act, 2019 in relation to DeskGas.

3. What DeskGas is — and what it is not

DeskGas is online record-keeping software: a daily close, stock register, cash book, delivery-man accounts, reports, complaint desk and the optional add-ons you choose. It calculates figures only from what your Users enter.

• Not affiliated with any oil company. DeskGas is independent. It is not made, approved or endorsed by Indian Oil Corporation Ltd, HPCL, BPCL or any authority, does not connect to SDMS or any oil-company portal, and is not a substitute for any register, return or system that your oil company, the law or any authority requires you to keep.
• Not professional advice. Stock, cash, profit, GST working sheets, HSN summaries, payroll and every other figure are arithmetic on your entries. They are not accounting, tax, legal, financial or compliance advice. You must check every figure and rely on your own chartered accountant and advisers for books of account, GST returns, income-tax, labour, PF/ESI and any other filing.
• You are responsible for your entries and decisions. We are not responsible for any wrong, late or missing entry by your Users, or for any decision, filing, payment, penalty, shortage, stock loss, dispute with staff or oil company, or action by any authority that follows from information in DeskGas.
• Messages. DeskGas can send emails and, once enabled, SMS to your customers and staff. Delivery depends on telecom operators, email providers and the recipient; we do not guarantee delivery or timing.

4. Accounts, Users and security

• One account is for one distributorship. The account owner decides who gets a login and with what role (owner, staff or chartered accountant), and may change or deactivate logins at any time.
• You are responsible for everything done through logins under your account, whether or not you authorised it, until you tell us in writing that a login has been misused.
• Keep passwords secret and do not share logins. Use a separate login for each person. Tell us at support@deskgas.com at once if you suspect misuse.
• To protect accounts, a login is locked for 15 minutes after 5 wrong passwords and until its password is reset after 10, and a login ends after 8 hours without use. The owner can see and end the sessions of every User.
• You must confirm the owner's email address within 7 days of sign-up. Until it is confirmed, password resets and invoices are not sent to it, and after 7 days the account becomes read-only until it is confirmed.
• Records of past activity (for example the activity log) keep the name a User had at the time and are not changed when a User is renamed or removed.

5. Free trial

• New accounts get a free trial for the period shown at sign-up (currently 6 months) with all features and add-ons switched on. No card is taken and nothing is charged automatically.
• The trial is provided "as is" for you to evaluate DeskGas. We may change, shorten or end trials, and the features in them, at any time.
• When the trial ends, everything keeps working for 7 more days. After that the account becomes read-only — you can still see and print your data — until you pay for a plan. Add-ons you have not paid for are switched off.

6. Plans, fees, invoices and taxes

• Plans, add-ons and prices are as shown on our website or in your account when you order. Fees are payable in advance for the period you choose (yearly or half-yearly) and are non-refundable except as set out in the Refund and Cancellation Policy.
• All fees exclude GST, which is charged at the applicable rate. We issue a GST tax invoice for every payment. You are responsible for giving us a correct GSTIN and place of supply; we are not liable for any input tax credit you lose because of wrong details you gave.
• If you deduct tax at source, you must deposit it and give us the certificate on time, failing which you must pay the amount deducted.
• Payments are processed by Razorpay or other payment providers we choose, under their own terms. We do not see or store your card, UPI PIN or net-banking details.
• A paid period runs from the start date on the invoice. When it ends, everything keeps working for 7 more days, after which the account becomes read-only until renewal. Renewal is never automatic; you renew by paying the renewal invoice.
• We may change prices, plans and add-ons at any time. A price change never applies to a period you have already paid for; it applies from your next renewal.
• SMS credits are prepaid, non-refundable and non-transferable, and are used as messages are sent. Credits for a message that a provider could not send are restored.

7. Your data

• You own your data. The business records, staff details and customer details your Users enter ("Customer Data") belong to you. You give us a non-exclusive, royalty-free licence to host, copy, process, transmit and display Customer Data only as needed to provide, secure, support, back up and improve DeskGas, to comply with law, and as described in our Privacy and Data Protection Policy.
• You are the data fiduciary for your customers and staff. For personal data of your customers, delivery men and staff, you decide why and how it is processed and you are the "Data Fiduciary" under the Digital Personal Data Protection Act, 2023 ("DPDP Act"); we process it only on your behalf as your "Data Processor", under the Data Processing Terms.
• You confirm you have the right to it. You confirm that you collected all personal data you put in DeskGas lawfully, gave every notice and obtained every consent the law requires (including for sending them SMS or email through DeskGas), and that our processing it on your instructions will not break any law or anyone's rights.
• Aggregate data. We may use data about how DeskGas is used, and data that has been anonymised so that no person or distributorship can be identified, to run, secure and improve DeskGas and for statistics. Such data is not Customer Data.
• Backups are not your records. We back up the whole service every night (encrypted; nightly copies kept 30 days and monthly copies 12 months, as set out in the Privacy and Data Protection Policy) for our own recovery. You must keep your own copies of anything you need (DeskGas lets you print and export reports, the monthly Excel pack and your data in Excel). We are not liable for loss or corruption of data except as limited in section 16.

8. Acceptable use

You and your Users must follow the Acceptable Use Policy. In particular you must not use DeskGas for anything unlawful, try to reach another distributor's data, upload malicious code, overload or probe the service, or use the complaint desk or messaging to send spam, misleading or promotional messages. A breach allows us to suspend or close the account at once.

9. Support access

• Authorised DeskGas staff may open your account only while the owner allows support access (Settings → Security & backups), for at most 60 minutes at a time. In an emergency — to fix a fault affecting your data, investigate misuse or meet a legal requirement — our Super Admin may open it without that permission, giving a reason; the owner is told at once. Support access is shown in a banner, and every action during it is recorded in your activity log.
• You authorise us to view and, where needed for the support you asked for, change your data during support access. We are not responsible for changes made at your request or with your approval.

10. Third-party services

DeskGas uses third-party services such as hosting, storage, email delivery, payments and SMS gateways (listed in our Privacy and Data Protection Policy). They are run by independent companies under their own terms. We choose them with care, but we are not responsible for their acts, outages, delays or failures, or for any change in their prices or terms. Messages sent by SMS must also follow the rules of the Telecom Regulatory Authority of India, including the Telecom Commercial Communications Customer Preference Regulations, 2018 (DLT), and may be blocked by operators.

11. Our intellectual property

• DeskGas — its software, design, text, logos, reports, templates and documentation — belongs to Qlooto and its licensors and is protected by the Copyright Act, 1957, the Trade Marks Act, 1999 and other laws. These Terms give you a limited, non-exclusive, non-transferable, revocable right to use DeskGas for your own distributorship during your subscription. All other rights are reserved.
• You must not copy, modify, translate, frame, resell, sub-license, rent or build a competing product from DeskGas, or reverse-engineer, decompile or try to extract its source code, except as the law expressly allows.
• If you send us ideas or feedback, we may use them freely without any obligation to you.

12. Confidentiality

Each party will keep the other's non-public business information confidential and use it only for this Agreement, except information that is or becomes public without fault, was already known, is independently developed, or must be disclosed by law or by order of a court or authority (in which case, where lawful, the other party will be told). Our product, pricing offered to you, security measures and non-public features are our confidential information.

13. Availability, changes and maintenance

• We work to keep DeskGas available and take regular backups, but DeskGas is provided without any promise of uninterrupted, timely, secure or error-free operation. There is no service-level guarantee unless we sign a separate written agreement.
• We may carry out planned and emergency maintenance, and may add, change, suspend or remove features at any time. Where a change removes a core feature you have paid for, you may end your subscription and we will refund the unused part of the fees for that period.

14. Disclaimer of warranties

To the fullest extent permitted by law, DeskGas, all reports and figures, the free trial and all support are provided "as is" and "as available". We give no warranty or condition of any kind, express or implied, including of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, or that DeskGas will meet your requirements, satisfy any oil company, tax or legal requirement, or be free of viruses or errors. No advice or information from us creates any warranty not stated in these Terms.

15. Your indemnity

You will defend, indemnify and hold harmless Qlooto, its proprietor, employees, agents and service providers against every claim, demand, proceeding, penalty, loss, damage, cost and expense (including reasonable advocates' fees) arising from or relating to: (a) Customer Data, including any claim by your customers, delivery men, staff, oil company, any authority or any other person; (b) your or your Users' use or misuse of DeskGas; (c) any breach of this Agreement or of any law by you or your Users; (d) any message sent through DeskGas on your instructions; (e) any tax, filing, return or business decision based on DeskGas; or (f) any dispute between you and your staff, partners, oil company or customers.

16. Limitation of liability

To the fullest extent permitted by law:

• We are not liable for any indirect, incidental, special, consequential, exemplary or punitive loss or damage, or for any loss of profit, revenue, business, goodwill, data, stock or cash, any shortage, any penalty, interest or tax, or the cost of substitute services, however caused and even if we were told it was possible.
• Our total liability to you and all your Users together, for all claims of any kind arising from or relating to DeskGas or this Agreement, whether in contract, tort (including negligence), under statute or otherwise, will not exceed one (1) month's fees, meaning the fees (excluding GST) you paid for the subscription period in which the event giving rise to the first claim occurred, divided by the number of months in that period. During a free trial, or if no fees were paid for that period, our total liability is nil.
• This cap applies to all claims together and is not increased by the number of claims, Users or events.

Why these limits are fair and agreed. You agree that:

• this is a commercial contract between businesses, freely entered into, and DeskGas is used for a commercial purpose, so you are not a "consumer" and the provisions on unfair contract terms in the Consumer Protection Act, 2019 (section 2(7) and section 2(46)) do not apply;
• under section 73 of the Indian Contract Act, 1872, compensation is not payable for remote or indirect loss, and the losses excluded above are of that kind or are within your own control (your entries, your records, your filings);
• the cap is a genuine pre-estimate, agreed under section 74 of that Act, of the loss that could reasonably arise from a fault in a low-cost software subscription whose figures you are required to check yourself (section 3), and which keeps your own copies and reports (section 7);
• the fees for DeskGas are set on the basis of these limits; without them the fees would be much higher; and you have had the opportunity to read these Terms, to take advice and to decline them, including by using the free trial before paying.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, such as liability for fraud or wilful misconduct, or shortens the time allowed by the Limitation Act, 1963 to bring a claim.

17. Suspension

We may suspend or limit any login or the whole account, without liability, immediately and with or without notice, if: fees are unpaid after the grace period; we reasonably believe there is a breach of this Agreement, a security risk, misuse, fraud or a dispute about who controls the distributorship or its distributor code; required to by law, a court or any authority; or to protect DeskGas, other customers or any person. Where reasonable we will tell you why and restore access once the cause is fixed.

18. Ending the agreement

• By you: you may stop using DeskGas at any time by not renewing, or by asking us in writing to close the account. Fees already paid are not refunded except as the Refund and Cancellation Policy says.
• By us: we may end this Agreement for any reason on 30 days' notice, in which case we refund the unused part of fees already paid; or at once on notice if you breach this Agreement and (where it can be fixed) do not fix it within 7 days, become insolvent, lose your distributorship, or if continuing would break any law.
• After it ends: all rights to use DeskGas stop. For 30 days you may ask us for an export of your Customer Data in a standard format (Excel/CSV). After that we delete or anonymise Customer Data as set out in our Privacy and Data Protection Policy, except what we must keep by law (for example invoices, payment records and security logs). Sections 7, 11, 12, 14, 15, 16, 18, 20 to 24 and any other terms that by their nature should survive will survive.

19. Distributor code and agency disputes

• Only one DeskGas account may be held for each distributor code. If someone else has registered your code, write to support@deskgas.com with proof (for example your appointment letter or SDMS screen); after checking, we may release the code from the other account.
• If partners, family members, heirs or others dispute who controls a distributorship or its DeskGas account, we may act on the instructions of the account owner on record, freeze the account, or follow an order of a competent court, at our choice and without liability. We are not obliged to decide such a dispute.

20. Events beyond our control

We are not liable for any delay or failure caused by events beyond our reasonable control, including acts of God, flood, fire, epidemic, war, riot, terrorism, strikes, government action, internet, power or telecom failures, failures of hosting, cloud, email, SMS or payment providers, cyber-attacks despite reasonable safeguards, or changes in law.

21. Governing law and jurisdiction

This Agreement and any dispute or claim arising from or connected with it or with DeskGas (including non-contractual disputes) are governed by the laws of India.

Subject to section 22, the courts at Gautam Budh Nagar, Uttar Pradesh alone have jurisdiction, to the exclusion of all other courts in India or elsewhere, and both parties submit to their exclusive jurisdiction. This includes the District Court, Gautam Budh Nagar and the Commercial Court at Gautam Budh Nagar under the Commercial Courts Act, 2015, and, for matters that must go to a High Court, the High Court of Judicature at Allahabad.

22. Resolving disputes and arbitration

1. First write to support@deskgas.com with details of the dispute. Both parties will try in good faith to settle it within 30 days.
2. If it is not settled, it will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by both parties together, or failing agreement within 30 days, appointed under section 11 of that Act.
3. The seat and venue of arbitration is Gautam Budh Nagar, Uttar Pradesh. The arbitration will be in English. Hearings may be held online. The award is final and binding.
4. Each party bears its own costs unless the arbitrator decides otherwise.
5. Despite this section, we may file proceedings in the courts at Gautam Budh Nagar to recover unpaid fees or to seek urgent interim relief to protect our intellectual property, confidential information, systems or other customers.
6. Claims may be brought only in an individual capacity, not as part of any class or representative action, to the extent the law allows.

23. Notices and communication

• We may give you notices in DeskGas, by email to the account owner's email address, or by SMS or WhatsApp to the owner's mobile number. A notice is treated as received when shown in DeskGas or sent to that address or number.
• Legal notices to us must be sent by email to support@deskgas.com and by registered post or courier to Qlooto Technologies, House No. 45, B Block, Sector P-3, Phase 3, Greater Noida, Gautam Budh Nagar, Uttar Pradesh – 201310.
• You agree to receive service and account communications (for example invoices, reminders, security alerts and changes to these Terms) by email, SMS and in DeskGas.

24. Changes to these Terms

We may change these Terms and the other policies at any time by publishing a new version on this website with a new version number and effective date. For material changes we will tell the account owner in DeskGas or by email at least 15 days before they take effect, except where a change is required by law or for security, which may take effect at once. Continuing to use DeskGas after the effective date means you accept the new version. If you do not agree, stop using DeskGas before that date.

25. General

• Entire agreement. This Agreement is the entire agreement about DeskGas and replaces all earlier discussions, proposals and understandings. Any purchase order or terms you send do not apply.
• Order of priority. If documents conflict: a separate written agreement signed by us, then the Data Processing Terms (for personal data), then these Terms, then the other policies.
• Assignment. You may not transfer this Agreement without our written consent. We may transfer it, with notice, to any person who takes over DeskGas or Qlooto's business.
• Severability. If any part is found invalid or unenforceable, it will be limited to the minimum extent necessary and the rest remains in force.
• No waiver. A delay or failure to enforce any right is not a waiver of it.
• Independent parties. Nothing creates a partnership, agency, employment or joint venture.
• Records. Our electronic records (including activity logs, login logs and acceptance records) are admissible as evidence and, unless proved wrong, are conclusive of what they record, subject to the Bharatiya Sakshya Adhiniyam, 2023.
• Language. These Terms are in English. Any translation is for convenience; the English version prevails.

26. Contact and grievances

Questions about these Terms: support@deskgas.com. Complaints about DeskGas, content on it, or your personal data go to our Grievance Officer under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the DPDP Act: