Terms of Use
By accessing and using our website, you agree to comply with our Terms of Use, which govern your interaction with
Mount Meru Group’s online services. Please review these terms carefully to ensure smooth and secure experience
About Us
Mount Meru is the brand backed by the promoters who are the pioneers of the group, driven by a relentless commitment to innovation and creating a lasting impact from past 45 years in the various African countries. As a distinguished business conglomerate headquartered in Dubai (UAE), Mount Meru have established a formidable presence across Africa.
Mount Meru’s operations span the Downstream Business, Manufacturing of Edible Oils, LPG, Lubricants, Storage and Logistics, and Infrastructure (Real Estate) (“Product(s)/ Services”)
Our E-commerce service is backed by geo-fenced trucks, high-security applications and real-time trackers to make sure that you get your required products delivered on time at your doorstep ensuring quality and quantity without any chance of pilferage, loss or dilution.
Vision
To revolutionize Product door delivery in the Country, while maintaining the highest standards of quality of Product & service by leveraging modern technology.
Mission
Provide economic and efficient solution to the customers or users to procure their requirements of offered Products delivered at their doorstep with high standards of quality, accurate measurements, and safety with on time delivery.
Privacy Policy
This policy applies to Mount Meru Group of companies and all its associate companies located around the world (“Company”, “we”, “us” and “our”). We respect the privacy of our users accessing our E-commerce platform at www.delivery.mountmerugroup.com(“E-commerce platform”) and mobile applications downloaded from Google and Apple pay-stores. For the purposes of this privacy policy (“Privacy Policy”) and wherever the context so requires “you”, “your”, “yourself”, or “user” shall mean any natural or legal person who has an access or uses our E-commerce platform (including but not limited to customers, employees, service providers) and in the event that a natural person is representing a business entity, reference to such terms shall include a reference to the business entity.
This Privacy Policy establishes a legally binding agreement between you (and your client, employer or another entity if you are acting on their behalf) as the user of the services of the Company and/or its affiliates.
We adhere to the provisions outlined in Information Technology Act and respective rules and regulations applicable to us. While using the E commerce platform or the Users while availing the s ervices provided by the Company on the E commerce platform , the Company and its affiliates may gain access to personal information of the Users, including information of a confidential nature. The Company acknowledges the significance of U ser privacy on the E commerce platform . We maintain the highest standards of security to ensure the confidentiality of transactions and user information.
By accessing and using the E commerce platform , you provide your consent to the collection, use,disclosure, storage, and processing of personal data and information in accord ance with this Privacy Policy.
This Privacy Policy outlines how we collect, use, disclose, and protect the information we obtain from our This Privacy Policy outlines how we collect, use, disclose, and protect the information we obtain from our customers in relation to our services. By using our services, you consent to the practices described in this customers in relation to our services. By using our services, you consent to the practices described in this PrivacyPrivacy Policy.Policy.
1. Dealing with the Information
a. Information We Collect:
Personal Information: We may collect personal information such as your name, address, contact details, and payment information when using our E-commerce platform.
Delivery Information: We collect information related to your delivery, including delivery location, delivery time, and any special instructions or requests.
COOKIES: Cookies are small text files that are placed on your device (e.g., computer, smartphone, tablet) when you visit our Platform. They are widely used to enhance your browsing experience, personalize content, and gather information about your usage patterns. By continuing to use our Platform, you consent to the use of cookies. You can manage or disable cookies through your browser settings or by using opt-out mechanisms provided by certain third parties. However, please note that disabling certain cookies may limit your access to certain features or functionalities of our services.
b. Use of Information:
We use the information collected to process your orders, deliver Product to your specified location, and provide customer support. We believe that no additional consent is required for these actions. We may use your contact information to communicate with you about your orders, updates, promotions, or important service-related information. Additionally, we may use aggregated and anonymized data for statistical analysis, market research, and improving our services.
c. Information Sharing:
This platform does not sell or rent any personally identifiable information or any sensitive personal data and information about you or your customers to any third party, other than for internal platform development and maintenance. You acknowledge and agree that, without the need for any further consent from you, the Company may disclose your personal information in the following circumstances:
(a) Sharing with Third-Party Service Providers: We may share your personal information with third-party service providers who assist us in delivering our services, such as transporters or logistics partners. However, we ensure that these third parties maintain the same level of confidentiality and privacy protection as us.
(b) Mergers and Acquisitions: In the event that the Company sells its business or transfers a portion thereof to a new entity, your personal information available on the E-commerce platform may be transferred to the acquiring entity.
(c) Legal Obligations and Protection: We may disclose your personal information if required by law or when necessary to protect our rights, safety, or property, or that of our customers or the public.
(d) Sharing with intra group company in case of promotion or additional service or product offering.
2. Security and Data Protection: The Company recognizes and prioritizes the security and confidentiality of user's confidential information, implementing stringent measures to ensure its safety. The platform is dedicated to mitigating the risks of loss, damage, misuse, or unauthorized alteration of user-provided information. Adequate safeguards are employed to protect personal information from unauthorized access. However, it is essential to acknowledge that despite our diligent efforts, no method of transmission or storage can provide absolute security assurances.
In the event that you choose to delete your User account on the E-commerce platform, please note that the Company may need to retain the information you provided for a brief period until it can be effectively removed from its servers. This retention may be necessary to fulfil any legal obligations that the Company is required to adhere to.
3. Third-Party E-commerce platforms: Our E-commerce platform may contain links to third-party E-commerce platforms or services. This Privacy Policy applies solely to information collected by us, and we are not responsible for the privacy practices of third-party E-commerce platforms. We encourage you to review the privacy policies of those E-commerce platforms.
4. Changes to the Privacy Policy: We may update this Privacy Policy from time to time. Any changes will be effective when we post the revised Privacy Policy on our E-commerce platform. We encourage you to review the Privacy Policy periodically to stay informed about how we collect, use, and protect your information.
Important Disclaimer
While the Company takes utmost precautions to ensure the security and confidentiality of your Personal Information, we strongly advise you to exercise caution when sharing your Personal Information with any third party claiming to be affiliated with the Company through separate emails, phone calls, or other means. The Company shall not be held liable for any claims that may arise due to your own negligence or intentional misconduct, and the Company assumes no responsibility in such instances.
While the Company strives to implement industry-leading practices and security measures to safeguard your personal information, it shall not be held responsible for any theft or loss of data resulting from unauthorized access to the user's electronic devices.
Contact Us: If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at info@MountMerugroup.com
Grievance Redressal
The Company respects your privacy and if you do not want to receive any kind of communications from the Company or have any grievances to share, please report to: info@MountMerugroup.com
By continuing to use our platform/s, E-commerce platform, you acknowledge that you have read and understood this Privacy Policy and agree to its terms and conditions.
Terms of Service
These Terms of Service ("Terms") govern your access to and use of the E-commerce platform/Platform and its services.
Please read these Terms carefully and make sure you understand the Terms before using the E-commerce platform. You agree that by accessing and using the E-commerce platform, you have read, understood and agreed to be bound by all the Terms. If you do not understand the Terms or do not accept any part of the Terms, then you are expressly prohibited from using the E-commerce platform and you must discontinue the use immediately.
By using this E-commerce platform, you agree to these Terms, and designate the Company as your agent acting on your behalf to procure Product and to transport it to a location chosen by the User, and thereafter transfer the Product into a container or other place as may be directed by the User. By placing a Purchase Order (PO) or accepting delivery of Product, You agree to be bound by these Terms.
1. Description of Services
The E-commerce platform provides an online platform that facilitates the ordering and delivery of Products to customers.
We hereby declare, and you acknowledge and agree, that the Company solely provides logistical services to its users, which include the procurement, transportation, and delivery of the Product to a location specified by the user. In providing these services, We acts as the user's agent to facilitate the procurement, transportation, and transfer of the Product based on accessibility and distance to the final delivery point. We do not engage in unauthorized exchange, sale, purchase, or any form of malpractice.
2. Registration and User Account
To use certain features of the E-commerce platform, you may be required to create a user account. You must provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your account information and password, and you agree to accept responsibility for all activities that occur under your account. Should you provide any wrong information during registration, the Company will not be responsible for any legal consequences that arise. You must notify us immediately of any unauthorized use or any update in information or security breach of your account.
3. Ordering and Delivery
a. Placing Orders: You may place orders for Product through the E-commerce platform and mobile application. By placing an order, you represent that you have the necessary authority to enter into a contract for the purchase of Product.
b. Delivery: We will make reasonable efforts to ensure the timely delivery of the Product to the specified location. However, delivery times may vary and are not guaranteed. You are responsible for providing accurate and accessible delivery instructions.
c. Eligibility: We reserve the right to refuse service, cancel orders, or modify delivery options at our discretion. We may require proof of eligibility or compliance with applicable laws and regulations for providing the services.
4. Pricing and Payment
a. Pricing: The prices for Product will be displayed on the E-commerce platform. Prices are subject to change without notice. We strive to provide accurate and up-to-date pricing information, but errors may occur. In the event of an error, we reserve the right to cancel or modify orders at our discretion.
b. Payment: You agree to pay the specified amount for the Product ordered, including any applicable taxes and fees. Payment must be made through the payment methods as mentioned by us. By providing payment information, you represent that you are authorized to use the selected payment method.
i. Delayed Payments: If payments are delayed beyond the due dates, the User is liable for interest charges as applicable per month, calculated on a daily basis until the payment is made in full. Interest shall be payable along with the outstanding amount. Bills for interest charges raised by us must be paid by the user within applicable duration of receipt. Failure to clear pending payment along with interest before the next purchase order will result in non-acceptance of the purchase order.
ii. Default Costs: User will be liable for all Default Costs incurred by Us due to default of User, including administration charges, debt collection costs, and legal costs on a solicitor and client basis, in addition to any other charges mentioned in these Terms.
iii. Payment Methods: All payments to us shall be made through RTGS/NEFT/ Bank deposits/online transfer in the Companies specified & designated accounts. Cash payments to the Company, its employees, representatives, or personnel are prohibited and shall not be considered as payments made to Us. The User agrees to refrain from making such payments.
iv. Payment Clearance: Payment shall not be deemed to be made until it has been honoured, cleared, or recognized. Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute clearance of payment. The User remains liable for payment until payment is acknowledged by us in the form of a formal receipt of funds in our designated bank account or recognised electronically in E commerce platform.
5. Refund/ Cancellation Policy
a. Cancellation Requests: Customers may request a cancellation of the delivery of Product order by contacting our customer service team at least 24 hours before the scheduled
delivery time. We will make every effort to accommodate your cancellation request within this time frame.
b. Refund Eligibility:
Refunds will be considered under the following circumstances:
a) If a cancellation request is received within the specified timeframe mentioned above.
b) In case of an error on our part, such as delivering the wrong Product type or an incorrect quantity.
c) If we are unable to fulfil the delivery due to unforeseen circumstances or circumstances beyond our control.
d)Cancellation may be permitted subject to applicable charges towards; if any.
c. Refund Process: Once your cancellation request is approved and deemed eligible for a refund, we will initiate the refund process. Refunds will be issued using the original payment method used during the purchase. Please note that it may take 7-15 business days for the refund to reflect in E commerce platform account.,
d. Partial Refunds: In cases where a partial delivery has been made, a refund will be calculated based on the remaining undelivered quantity.
e. Non-Refundable Circumstances: Please be aware that refunds will not be provided in the following circumstances:
a) If the cancellation request is made less than 24 hours before the scheduled delivery time.
b) If the customer is unavailable at the delivery location during the scheduled delivery time.
c) If the customer fails to provide accurate and accessible information required for the delivery.
f. Contact Customer Service: For any cancellation requests or inquiries regarding refunds, please contact our customer service team via phone, email, or the designated communication channels provided on our E-commerce platform. Our dedicated team will be happy to assist you and address your concerns.
6. Account Deletion
1. Account Deletion:
- Open Fuelize App > Click on Profile Menu > Scroll down to Delete Account.
- Empower users with control over their personal data.
- Transparent process.
2. Why It Matters:
- User Autonomy: Every user has the right to decide the destiny of their personal data
- Trust: Reinforces the trust between Google Play and its users
- Data Minimization: Ensures unnecessary data isn't kept indefinitely
3. What Happens After Deletion?:
- All personal data associated with the account is erased.
- User’s personal data is no longer accessible or recoverable.
- Some anonymized data and transaction records, without personal data, might be kept for analytical and statutory purposes.
7. Intellectual Property
All content on the E-commerce platform, including but not limited to text, graphics, logos, images, and software, is the property of the Company or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without prior written consent.
The Consumer, its employees, contractors, agents or any other persons empowered by the Consumer shall not use the Company E-commerce platform and any software application of the Company or any third party in any manner whatsoever, so as to:
(a) design, realize, distribute or market a similar or equivalent E-commerce platform;
(b) adapt, modify, transform or rearrange the E-commerce platform or its code for any reason whatsoever, including for the purpose, among other things, of creating a new web site or any other software program;
(c) allow unauthorized use of or access to the Companies E-commerce platform;
(d) disassemble, reverse engineer, decompile, decode or attempt to decode the Company E-commerce platform;
(e) allow the Companies E-commerce platform to be disassembled, reverse engineered, decompiled or decoded; or
(f) in any way override or break down any protection system integrated into the Companies E-commerce platform.
Any Party aware or having reason to suspect a breach of any Intellectual Property Rights of the other Party, shall forthwith inform such other Party of such a breach or suspected breach as the case maybe.
8. User Responsibilities and Prohibited Conduct
a. Compliance: You agree to comply with all applicable laws, regulations, and these Terms while using the E-commerce platform.
b. Prohibited Conduct: You must not engage in any activity that may:
i. Violate any law, regulation, or third-party rights.
ii. Interfere with or disrupt the E-commerce platform's operation or compromise its security.
iii. Transmit any harmful, offensive, or unlawful content.
iv. Use automated means, such as bots or scrapers, to access or collect data from the E-commerce platform.
v. Impersonate any person or entity or provide false information.
9. Limitation of Liability
To the maximum extent permitted by law, the Company and its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of the E-commerce platform or the services provided.
10. Indemnification
You agree to indemnify, defend, and hold the Company and its affiliates, directors, officers, employees, and agents harmless from and against any claims, losses, damages, liabilities, and expenses arising out of or in connection with your use of the E-commerce platform or any violation of these Terms.
11. Termination
We reserve the right to suspend or terminate your access to the e-commerce platform at any time, with or without cause, and with or without notice. This may be due to legal reasons, policy violations, or any other reason deemed appropriate by the administration.
As a consumer, you may discontinue your use of the service at any time. However, the termination of your account is subject to the fulfilment of any pending financial or other obligations that you may have at the time of termination.
12. Modification of Terms
We may modify these Terms at any time by posting the revised version on the E-commerce platform. You are responsible for keeping updated with revised or amended terms from time to time. Your continued use of the E-commerce platform after the posting of the revised Terms constitutes and deems your acceptance of the changes.
13. Governing Law and Dispute Resolution
12.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where the Company's principal place of business is located, regardless of the conflict of law provisions.
12.2 Dispute Resolution:
Mediation: In the event of any dispute, difference, claim, or controversy arising out of or relating to this Agreement, including the construction of its terms or the rights, duties, or liabilities of the parties under this Agreement (collectively referred to as “Dispute”), the parties agree first to attempt to resolve the Dispute through good faith mediation. This mediation will commence only upon written notice from one party to the other and should be conducted at a mutually agreed-upon location or via an online mediation platform, suitable for parties from different geographic locations.
Arbitration: If the Dispute is not resolved through mediation within thirty (30) days from the start of the mediation, then the Dispute shall be referred to and finally resolved by arbitration administered by an internationally recognized arbitration institution that is mutually agreed upon by the parties. The arbitration will follow the rules of the chosen arbitration institution and will be conducted in the English language. The seat, or legal place, of arbitration shall be the primary country where the Company is registered. The arbitral panel shall consist of one arbitrator jointly appointed by both parties.
12.3 Jurisdiction: For the purposes of enforcing any award or judgment, the parties consent to exclusive jurisdiction and venue in the courts located in the jurisdiction where the Company's principal place of business is situated.
14. Force Majeure
Neither party shall be held liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement, other than an obligation to make a payment, when such failure or delay is caused by or results from fires, explosions, floods, or other natural catastrophes, civil disturbances, riots, or armed conflict, whether declared or undeclared, accidents, acts of God, Pandemic, events declared as disasters by the government, sufferance of or voluntary compliance with acts of government or governmental regulation, (whether or not valid) embargoes, or any other cause which is beyond the reasonable control of the non-performing party ("Force Majeure"). Nothing in this provision shall be interpreted to restrict either party from exercising its rights to terminate this pursuant to its terms during such periods of Force Majeure. In the event any such Force Majeure continues for a period in excess of sixty (60) days,
Seller or Customer may, subject to its sole discretion, terminate this Agreement by giving notice to each other effective upon receipt.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
16. Covenants of Parties
Each party hereby agrees to comply, and hereby represents and covenants that it will conduct its activities and its operations in continuous compliance, with all applicable local, state and central laws, rules and regulations, and that it will at all times conduct its activities under this Agreement in a reasonable, safe and lawful manner.
17. No Waiver
A delay or failure by us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the E-commerce platform and its services. If you have any questions or concerns about these Terms, please contact us at info@MountMerugroup.com
By using the E-commerce platform or mobile applications, you acknowledge that you have read, understood, and agreed to these Terms of Service.
19. Term and conditions for Shipping Services
The Company desires to sell the Product upon receiving the order from the Customer and get it Door delivered to the Customer at the designated site through their specially fabricated vehicles as per the order placed and prices mutually agreed for the supply of the Product quantity.
a) Quality and Quantity Assurance:
i. The Company assures to supply the Product as per the specifications and delivered through dispensing units of the bowsers which are duly calibrated by Weights and Measurements Department. The quantity as delivered through the dispensing units will be final and acceptable to the Customer. A delivery note is made after each delivery and the same shall be acknowledged by the authorized representative of the Customer receiving the product.
ii. The Customer shall check quality of the Product before accepting delivery. Product once delivered to the Customer shall be the responsibility of the Customer and the Company takes no responsibility for the quality deterioration thereafter for any reason subsequently. The burden of proof to claim such defects or shortcomings solely is Customer’s responsibility.
iii. Once the delivery is accepted by the Customer and the unloading of the Product is completed the Customer cannot reject the consignment and shall pay the charges as committed towards the delivery of the Product.
iv. Once the delivery is accepted, the Company’s liability ceases and the Customer becomes the owner of the consignment and takes charge for all the consequences thereof.
b) Price
i. The price of Products shall be as fixed by the us as per the prevailing norms and market condition.and as displayed in E Commerce platform.
ii. Prices are subject to change without notice. We reserve the right to change the price. However if the price change is significant say more or less than 5% of the price when requirement is intimated, the Customer shall be entitled to postpone its requirement or reduce the quantity required. In the event of any inadvertent error in application of the applicable price, the Seller shall be allowed to correct the price which shall be accepted as basis for payment upon due satisfactory explanation by the Seller to the Customer.
iii. Any Statutory Charges shall become effective and payable by the Customer from the date as notified by the relevant government/statutory authority.
iv. Notwithstanding anything contained herein, in all cases, the variation and fluctuation in the prices of Products will be based on market rates and such pricing structure is binding on the Customer.
c) Rights and Responsibilities of Seller:
i. It is the right of the seller that Products delivered under an agreement of sale must be accepted by the Customer as per the conditions laid down herein.
ii. If the Customer unlawfully refuses to accept the delivery of Products the Seller has a right to claim from the Customer the loss caused due to non-acceptance of the consignment and also reasonable charges for the care and custody of the consignments.
iii. It is the right of the Seller to receive the price of Products from the Customer as per the terms of this Agreement.
iv. It is the right of a seller to take legal action against the Customer if there is any contractual and or material breach of this Agreement.
v. It is the responsibility of the Seller to deliver the Products as per the purchase order placed by the Customer.
vi. The Seller shall ensure the quality, quantity, and price of the Products are as per the specification committed to the Customer.
vii. The Seller shall try to take all the necessary steps in extending the quality and timely services to the Customer.
viii. The Seller shall obtain all necessary and statutory permissions and licenses to supply the Products to the Customers.
d) Rights and Responsibilities of Customer:
i. Customer has a right to take the delivery of Products from the Seller after consideration of payment.
ii. Customer may reject the Products if it is found any non-conformity as per the purchase order and raise a complaint as per the grievance procedure laid hereunder.
iii. Customer has right to examine the consignment before their purchase and to duly satisfy himself as to be quality of Products.
iv. It is the responsibility of the Customer to place the order properly without any discrepancy.
v. Customer shall always follow the terms and condition laid herein while making the payments.
vi. Customer shall cooperate with the Seller in case of any issues and make efforts to resolve the issues amicably.
vii. The Customer shall obtain all necessary and statutory permissions and licenses to buy the Product from the Seller.
viii. For the purposes of receiving Product under this Agreement Customer shall maintain Product storage facilities at their site of not less than the amount specified in the PO. In case of breach of this clause if the Seller has to take back left over Product in the bowsers will charge the full amount as per the PO as though the entire order has been delivered.
e) Grievance Redressal Procedure:
(a) In the event of any grievance regarding the supply of the Products, the Customer may submit a written complaint via email to info@MountMerugroup.com within 15 days of the issue arising.
(b) Upon receipt of the complaint, a designated officer from our team will review the grievance and respond to the Customer via email within 7 days, aiming to resolve the matter efficiently.
(c) Similarly, the Customer is also encouraged to designate an appropriate officer to handle and respond to any grievances or complaints received from the Seller, ensuring reciprocal communication via email.
(d) The timeline for resolving the issue through email communication shall be consistent for both parties, facilitating a streamlined and effective resolution process.
f) Indemnification:
Customer hereby agrees to indemnify, defend and hold harmless Seller, and its respective directors, officers, shareholders, partners, agents, attorneys and employees from and against any and all liabilities, claims, obligations, demands, damages, fines, penalties, suits, judgments, costs and expenses, whatsoever, including but not limited to court costs and reasonable attorneys’ fees, which Seller and/or such other indemnified parties may incur or which may be asserted against any of them, and which arise or occur including but not limited to, as a result of:
(a) breach or non-performance by the Consumer of any of its undertakings, warranties, covenants, declarations or obligations under this Agreement;
(b) breach of confidentiality and Intellectual Property Rights obligations by the Consumer;
(c) any Refunds or Chargebacks for all Transactions processed through the Company Payment System;
(d) breach of any applicable laws, card association rules in force at any location from which the transaction originates, where the products or services are delivered or supplied, or where the card issuing institution is incorporated, registered, or restablished;
(e) Any claim or proceeding brought by the Customer or any other Person against the Company or the Acquiring Banks in respect of any products or services offered by the Consumer;
(f) Any negligent act or omission or default or misconduct or fraud of the Consumer or its employees, agents, licensees, Affiliates or the Customers;
(g) Any hacking or lapse in security of the Consumer Point of Sale or the Customer data;
(h) Any act, deed, omission or non-performance on the part of the Consumer or the Customers;
(i) Any fines, penalties or interest imposed directly or indirectly on the Company on account of Consumer or Transactions conducted through Consumer under this Agreement; or
(j) A claim by a third party that Consumer or its Point of Sale infringes any Intellectual Property Rights of that third party.
(k) All errors caused are the responsibility of the Consumer and shall be recovered by the Company from the Consumer.
The indemnities under this Clause are in addition to and without prejudice to the indemnities given elsewhere in this Agreement.
The Company hereby undertakes and agrees to indemnify at all times and hold harmless the Consumer from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs, awards, damages, losses and/ or expenses arising directly as a result of:
(l) any breach or non-performance by the Company or of any of the Company's warranties, under this Agreement;
(m) any claim or proceeding brought by the Company's vendors, the Customer or any other person against the Consumer, in respect of the services offered by the Company;
(n) any act of fraud, gross negligence, or wilful misconduct of the Company or its agents, employees or licensees; or
(o) The Company's infringement of any third-party rights including Intellectual Property Rights of that third party.