GO EV TERMS AND CONDITIONS FOR USERS
This document is an electronic record in terms of
the Information Technology Act, of 2000 and the rules made thereunder.
Further, this electronic record is generated by a computer system and does not
require any physical or digital signatures. This electronic record is published
by the relevant provisions of the Information Technology Act, 2000, and rules
made thereunder.
1. ELECTRONIC MEDIA
1.1 Please note that (a) the
domain name https://www.goevcabs.com (the
“Website”); and (b) the software application for use on small, wireless
computing devices such as smartphones and tablets and also for use on desktop
or laptop computers (“Application”) ((a) and (b) hereinafter
collectively referred to the “Electronic Media”) is owned, controlled,
managed and/or operated by Go-Ev Mobility Services India Pvt Ltd, a private
limited company incorporated by the laws of India, either itself and/or through
its parent company, its subsidiaries or its affiliates (hereinafter
collectively referred to as the (“Company” or “Go-Ev”).
2. LEGAL AGREEMENT
2.1 These terms and conditions
of use (‘’Terms of Use’’) govern the use and access of Electronic Media
and availing of the Services (defined below) on the Electronic Media; and constitute
a constituent ("Agreement") between the Company, and
you/yourself/yourselves (“User(s)”). If you continue to use and/or access
registration or avail the Services offered by Go-Ev’s platform and browse the
Electronic Media, you are agreeing to comply with and be bound by the Terms of
Use.
2.2 In addition to the
aforementioned, your use and access to the Electronic Media and the services
provided by us through Electronica Media, is subject to the guidelines, rules,
privacy policy, terms, conditions, and, /or other applicable policies and
procedures (“Company Policies”) applicable to such Service, which shall be
posted on the Electronic Media from time to time. Unless otherwise provided for
in any specific Company Policy, the Company Policies shall be deemed to be
incorporated into this Terms of Use and shall be considered as part and parcel
of hereof. Therefore, by impliedly or expressly agree be bound by the Terms of
Use, you also agree to be bound by the Company Policies, as may be updated,
amended or revised from time to time.
2.3 If you do not agree with
the Terms of Use, please do not access and use the Electronic Media related to
the Company or our Service (defined later) through all other means.
2.4 Go-Ev reserves the right,
to modify or replace, in part or full, any of these Terms of Use, or change,
suspend, block, discontinue or restrict your use to all or any feature of the
Service or Electronic Media at any time.
2.5 Go-Ev shall not be
required to notify the User of any changes made to these Terms of Use. The
revised Terms of Use shall be made available on Electronic Media. The User is
requested to visit the Website and/or Application to view the most current
Terms of Use. The User can determine when Go-Ev last modified the Terms of Use
by referring to the "Last Updated" legend above. It shall be the
User’s responsibility to check these Terms of Use periodically for changes.
Go-Ev may require the User to provide User’s consent to the updated Terms of
Use in a specified man before any further use of the Electronic Media and the
Services. If no such separate consent is sought, the User’s continued use of
the Electronic Media, following the changes to the Terms of Use, will
constitute the User’s acceptance of those changes. User’s use of the Electronic
Media and the Services is subject to the most current version of the Terms of
Use made available on the Electronic Media at the time of such use.
3. DEFINITIONS
All the defined and
capitalized terms in these Terms of Use will have the meaning assigned to them
here below:
3.1 "Account"
shall mean the account created by the User on the Electronic Media for availing
the Services provided by the Company.
3.2 “Additional Fee”
shall mean such fee as may be charged additionally, while availing the Services
for the Ride from Third Party Providers, towards consumption of any additional
services like wi-fi services, partner service provider’s services, food items,
water, beverages, etc.
3.3 "Applicable Law(s)"
shall mean and include all applicable statutes, enactments, acts of legislature
or parliament, laws, ordinances, rules, by-laws, regulations, notifications,
guidelines, policies, directions, directives and orders of any governmental
authority, tribunal, or a court of India.
3.4 "Application"
shall mean the mobile application "Go-Ev" updated by the
Company from time to time.
3.5 "Go-Ev"
or "us" or "we" or "our"
shall mean Go-Ev Mobility Services India Pvt Ltd, a company incorporated under
the provisions of the Companies Act, 2013 and having its corporate office at 2nd
Floor, Surabhi Gardens, 200ft Bypass Road, Avilala, Tirupati – 517501, which
expression shall, unless it be repugnant to the context or meaning thereof, be
deemed to mean and include all its successors, affiliates and permitted
assigns.
3.6 "Cancellation Fee"
shall mean such fee as charged for all the cancelled Rides as notified to the User
through the mode of booking levied in terms of Clause 11 for the cancellation
terms.
3.7 "City of Operation"
shall mean a city in which the Users avail and render the transportation
Services respectively.
3.8 "Driver(s)"
shall mean and include such individuals who are independent third-party service
providers engaged by or associated with the Company or its
subsidiaries/affiliates, to provide transportation services to the User(s).
They are persons who are registered with Go-Ev after having represented to
Go-Ev that they have the necessary licenses to provide transportation services
within the City of Operation.
3.9 "E-Wallet"
shall mean a pre-paid instrument, which shall refer to the User’s linked Paytm
wallet or the Go-Ev Wallet wherein the User can add money through the various
payment methods offered by the available Payment Gateway or Payment Processor.
3.10 "Force Majeure
Event" shall mean any event arising due to any cause beyond the
reasonable control of the Company.
3.11 "Location Fee"
shall mean and include without limitation any toll duty, inter-state taxes,
airport charges or any other charge/fee imposed by the governmental
instrumentalities or any third party with regard to operation of the Vehicle
(defined below) at specific locations.
3.12 "Registration
Data" shall mean and may include the present, valid, true, and
accurate name, email ID, phone number and such other information as may be
required by Go-Ev from the User from time to time for registration on the Application.
3.13 "Ride"
shall mean the travel in the Vehicle by the User facilitated through Electronic
Media.
3.14 "Service(s)"
shall mean the provision of technology platform services available on/through
the Electronic Media that enables the User’s operating the Electronic Media,
who is desirous of obtaining, availing, arranging, scheduling transportation
services offered by independent third-party service providers including inter
alia the Drivers who are under an agreement with Go-Ev or with certain Go-Ev’s
affiliates (“Third Party Providers”). To avoid any doubt, it is clarified that
it also includes the facilitation of transportation service between the User
and the Driver by Go-Ev through the Application or via a telephone request at
the call centre of Go-Ev, or booking on the Website, within the City of
Operation, as elaborated in Clause 8.
3.15 "Total Ride Fee"
shall mean and include the aggregate amount reflected in the Electronic Media
or notified to the User as an amount payable towards the transportation
services and the Services provided through the Electronic Media including inter
alia the Location Fee, the Additional Fee (as applicable), any other fee as may
be notified by Go-Ev in the Electronic Media or through the mode of booking for
each User inclusive of any/all taxes as may be applicable from time to time.
3.16 "Terms of Use"
shall mean these terms and conditions for the User.
3.17 “Third-Party
Advertiser(s)” online or offline advertisements of various sponsors
advertising and marketing their own goods and services through Go-Ev.
3.18 "User/ You"
means a person who has an Account on the Application and/or Website.
3.19 "Vehicle"
shall mean four-wheeler automobile as defined under the Motor Vehicles Act,
1988.
3.20 "Website"
shall mean the Application and the domain name https://www.goevcabs.com operated
by the Company or any other software that enables the use of the Application or
such other URL as may be specifically provided by the Company.
3.21 "Waiting fee"
shall mean such fee as charged for the waiting time of a driver, at the rider’s
pickup location and/or intermediate stops, in excess of the committed time as
notified to the User.
4. REGISTRATION AND ACCOUNT
4.1 The User hereby
understands and acknowledges that he/she has attained at least 18 (eighteen)
years of age and is competent to contract under the Applicable Law(s) and
thereby can register on the Electronic Media after complying with the
requirements of this Clause 4 and by entering their Registration Data.
4.2 The User shall ensure that
the Registration Data provided by him/her in the Account is accurate, complete,
current, valid and true and is updated from time to time. The Company shall
bear no liability for false, incomplete, old or incorrect Registration Data
provided by the User.
4.3 The User is solely
responsible for maintaining the confidentiality of his/her Registration Data
and will be liable for all activities and transactions that occur through the
User’s Account, whether initiated by the User or any third party. It has been
agreed that the User shall not authorize any third parties to use his/her
Account, and may not allow any persons under the age of 18 to receive
transportation services from Third Party Providers unless they are accompanied
by the User himself/herself. The User’s Account cannot be transferred or assigned
to a third party. The Company shall not be liable for any third-party claim
with respect to any loss that the User may have incurred as a result of someone
else using the User’s password or Account, either with or without User’s
knowledge or any third party have incurred upon usage of Services provided by
Go-Ev through the User’s account, whether with or without User’s knowledge.
4.4 The Company reserves the
right to suspend or terminate User’s Account with immediate effect and for an
indefinite period, if the Company has a reason to believe that the Registration
Data or any other data provided by the User is incorrect or false, or that the
security of the User’s Account has been compromised in any way, or there is a
breach of terms and conditions of these Terms of Use or upon any unauthorised
use of User’s Account by any third party or for any other reason the User may
find just or equitable.
4.5 It is the User’s
responsibility to check and to ensure that the User downloads the correct
application for his/her device. The Company shall not be liable if the User
does not have a compatible mobile device or if the User downloads the wrong
version of the Application for his/her mobile device.
4.6 The Company allows the
User to open only one Account in association with the Registration Data
provided by the Users. In case of any unauthorized use of the User’s Account
please immediately inform the Company at support@goevcabs.com.
4.7 In case, User is unable to
access his/her Account, the User needs to inform the Company at support@goevcabs.com and make a written request for blocking the
User Account. The Company will not be liable for any unauthorized transactions
made through the User’s Account prior to the expiry of 72 (seventy two) hours
after the User has made a request in writing for blocking the User Account, and
shall not have any liability in case of a Force Majeure Event.
4.8 Go-Ev reserves the right
to modify, terminate or suspend the Services to the User at any time without
prior notice due to any changes in internal policy or due to the Applicable
Laws or any breach of these Terms of Use by the User or for any reason
whatsoever. The User may terminate his/her Account by submitting a request to
Go-Ev at support@goevcabs.com or by calling on +91-9089123123. However, in
either case, all previous service requests shall stand voided, and no refund or
Service-related deliverable shall be provided. Go-Ev will make every effort to
respond to the User’s request for termination at the earliest. However, the
User will remain responsible for all the transactions that occurred prior to
termination of User’s Account.
5. USER CONTENT
5.1 Except for the
Registration Data or any other data provided, posted, uploaded or submitted by
the User on the Electronic Media during the use of any of the service offered
through the Electronic Media, the Company does not want the User to, and the
User should not, send any confidential or proprietary information to the
Company on the Electronic Media or otherwise, unless otherwise is required by
Applicable Laws. In accepting these Terms of Use, the User agrees that any
information or materials that the User or individuals acting on the User’s
behalf provide to the Company through the Electronic Media other than the
aforementioned will not be considered confidential or proprietary.
5.2 Go-Ev will be entitled to
process and transfer User’s information as and when it deems fit and it may
store or transfer user’s information in a server outside India or the country
where the User is located in order to perform Go-Ev’s obligations under this
Terms of Use, Company Policies and Applicable Laws.
5.3 The User agrees to grant
Go-Ev a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, database rights or any other rights which the User has in User’s
information, in any media now known or not currently known, with respect to
User’s information. THE USER AGREES AND PERMITS Go-Ev TO SHARE USER’S
INFORMATION WITH THIRD PARTIES IN ACCORDANCE WITH THE APPLICABLE LAWS AND
PRIVACY POLICY.
5.4 Further, Go-Ev shall store
the information provided by the User including without limitation the
recordings of User’s calls between the Company’s executive and the User for
their conversation regarding the Services of the Company or any/all
Service-related matters. The User shall promptly inform Go-Ev on any change in
the information provided by the User to Go-Ev in respect to the Services
availed on the Go-Ev platform.
5.5 Go-Ev reserves the right,
but have no obligation, to monitor the content posted or the programme content
materials posted on the Electronic Media. Go-Ev shall have the right to remove
or edit any content that in its sole discretion violates, or is alleged to
violate, any Applicable Law or either the spirit or letter of these Terms of
Use. Notwithstanding this right of Go-Ev, User remains solely responsible for
the content of the materials he/she may post on the Electronic Media and in the
private messages (as applicable). Please be advised that such content posted
does not necessarily reflect Go-Ev’s views. In no event shall Go-Ev assume or
have any responsibility or liability for any content posted/shared or for any
claims, damages or losses resulting from use of content and/or appearance of
content on the Electronic Media. The User hereby represents and warrants that
he/she has all necessary rights in and to all content the User provides and all
information it contains and that such content shall not infringe any
proprietary or other rights of third parties or contain any libelous, tortious,
or otherwise unlawful information.
6. PRIVACY
6.1 When you become a User,
then and during your use of the Electronic Media and/or Services, you will
provide us with certain information and other data as aforesaid that may or may
not be otherwise publicly available. We will respect the privacy of such data
as per our Privacy Policy which is available at https://goevcabs.com/privacy-policy. We will only collect, use, disclose or process
your data in accordance with our Privacy Policy, which you accept by your
continued use of the Electronic Media and/or the Services. We will share your
data with other parties only as set out in our Privacy Policy.
6.2 In addition to and not in
contravention of the terms, measures and procedures regarding storing and
securing the data and information on the Electronic Media as stipulated in the
Privacy Policy, you acknowledge, accept and agree that the Company utilizes
standard security configurations for securing data and information on the
Electronic Media which is reasonable and sufficient security practice and
procedure as per the industry standard and for the purposes of Information Technology
Act, 2000 and the rules and regulations made thereunder. The User agree that in
case of any leakage, destruction, unauthorized access or the like to
information stored on the Company’s Electronic Media, they waive their right to
file a complaint for compensation under all Applicable Laws.
7. USE OF ELECTRONIC MEDIA
7.1 The User agrees,
undertakes and confirms that User’s use of Electronic Media shall be strictly
governed by the following binding principles:
7.1.1 User shall not host,
display, upload, modify, publish, transmit, update or share any information
that:
(a) belongs to another person
and to which User do not have any right to; or interferes with another user's
use and enjoyment of the Electronic Media or any other individual's user and enjoyment
of similar services; or
(b) that is harmful,
harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive
of another's privacy, hateful, or ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise unlawful in
any manner whatever, or unlawfully threatening or unlawfully harassing
including but not limited to "indecent representation of women"
within the meaning of the Indecent Representation of Women (Prohibition) Act,
1986, of another person; or
(c) misleading in any way; or
(d) is patently offensive to
the online community, such as sexually explicit content, or content that
promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any
kind against any group or individual; or
(e) involves the transmission
of "junk mail," "chain letters," or unsolicited mass
mailing or "spamming"; or
(f) infringes upon or violates
any third party's rights, (including, but not limited to, intellectual property
rights, rights of privacy (including without limitation unauthorized disclosure
of a person's name, email address, physical address or phone number) or rights
of publicity]; or
(g) contains restricted or
password-only access pages, or hidden pages or images (those not linked to or
from another accessible page); or
(h) provides material that
exploits people in a sexual, violent or otherwise inappropriate manner or
solicits personal information from anyone; or
(i) provides instructional
information about illegal activities such as making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses; or
(j) contains video,
photographs, or images of another person without his or her express written
consent and permission or the permission or the consent of his/ her guardian in
the case of minor; or
(k) tries to gain unauthorized
access or exceeds the scope of authorized access to the Electronic Media or to
profiles, blogs, communities, account information, bulletins, friend request,
or other areas of the Electronic Media or solicits passwords or personal
identifying information for commercial or unlawful purposes from other users;
or
(l) engages in commercial
activities and/or sales without Go-Ev’s prior written consent such as contests,
sweepstakes, barter, advertising and pyramid schemes, or the buying or selling
of "virtual" items related to the Electronic Media. Throughout these
Terms of Use, our "prior written consent" means a communication
coming from Go-Ev’s authorized representative, specifically in response to
User’s request, and specifically addressing the activity or conduct for which
User’s may seek authorization; or
(m) interferes with another
user's use and enjoyment of the Electronic Media or any other individual's user
and enjoyment of similar services; or
(n) refers to any website or
URL that, in Go-Ev’s sole discretion, contains material that is inappropriate
for the Electronic Media, contains content that would be prohibited or violates
the letter or spirit of these Terms of Use; or
(o) harm minors in any way; or
(p) is fraudulent or involve
the sale of counterfeit or stolen items; or
(q) violates any law for the
time being in force; or
(r) deceives or misleads the
addressee/ users about the origin of such messages or communicates any information
which is grossly offensive or menacing in nature; or
(s) impersonate another
person; or
(t) contains software viruses
or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer resource; or contains any trojan
horses, worms, time bombs, cancelbots, easter eggs or other computer
programming routines that may damage, detrimentally interfere with, diminish
value of, surreptitiously intercept or expropriate any system, data or personal
identifiable information or attempt to interfere with the proper working of the
Electronic Media or any transaction being conducted on the Electronic Media; or
(u) threatens the unity,
integrity, defence, security or sovereignty of India, friendly relations with
foreign states, or public order or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is insulting to
any other nation; or
(v) is false, inaccurate or
misleading; or directly or indirectly, offer, attempt to offer, trade or
attempt to trade in any item, the dealing of which is prohibited or restricted
in any manner under the provisions of any Applicable Law, rule, regulation or
guideline for the time being in force; or
(w) creates liability for
Go-Ev or cause Go-Ev to lose (in whole or in part) the services of it’s
vendors.
7.1.2 The User shall not use
any "deep-link", "page-scrape", "robot",
"spider" or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the Electronic Media or any content, or in any
way reproduce or circumvent the navigational structure or presentation of the
Electronic Media or any content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Electronic Media. We reserve the right to bar any such activity as and when
detected or deemed appropriate.
7.1.3 The User shall not
probe, scan or test the vulnerability of the Electronic Media or any network
connected to the Electronic Media nor breach the security or authentication
measures on the Electronic Media or any network connected to the Electronic
Media. The User may not reverse look-up, trace or seek to trace any information
on any other user of or visitor to the Electronic Media, or any other customer
of Go-Ev, including any of Go-Ev’s account not owned by the User, to its
source, or exploit the Electronic Media or any Service or information made
available or offered by or through the Electronic Media, in any way where the
purpose is to reveal any information, including but not limited to personal
identification or information, other than User’s own information, as provided
for by the Electronic Media.
7.1.4 The User agrees he/she
will not take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of the Electronic Media or Go-Ev’s systems or
networks, or any systems or networks connected to the Electronic Media.
7.1.5 The User may not use the
Electronic Media or any content for any purpose that is unlawful or prohibited
by these Terms of Use, or to solicit the performance of any illegal activity or
other activity that infringes the rights of Go-Ev or others.
7.1.6 The User shall not use
the services or Electronic Media in any manner that could damage, disable,
overburden, block or impair any of the server connected to the Electronic
Media. The User may not attempt to gain unauthorized access to the services
through hacking, password mining or any other means.
7.1.7 The User may not reverse
engineer, decompile and disassemble any software used to provide the Services
by Go-Ev.
7.1.8 The User shall not make
any negative, denigrating or defamatory statement(s) or comment(s) about Go-Ev
or the brand name or domain name used by Go-Ev or the Services provided by
Go-Ev or the Third Party Providers or otherwise engage in any conduct or action
that might tarnish the image or reputation, of Go-Ev or its merchants on
platform or otherwise tarnish or dilute any of Go-Ev’s trade or service marks,
trade name and/or goodwill associated with such trade or service marks, trade
name as may be owned or used by Go-Ev.
7.1.9 The User, by creating an
Account under the provisions of these Terms of Use, authorizes us to call or
SMS or email on his/ her registered mobile number/ registered email address for
the purposes of communicating information pertaining to the Services, Rides,
feedback or offers or providing customer support. The Users shall also have the
option to request Go-Ev to send him/her information regarding service,
discounts and promotions provided by it. If the User requires Go-Ev to provide
him/her with information regarding offers, discounts and promotions relating to
the services availed by him/her, click "Yes", otherwise click
"No". If User clicks "Yes", we or an authorised
representative, shall provide the above information to the User by way of call
or an SMS or email to the User’s registered mobile number/registered email id.
The User also has the option to discontinue receiving such information at any
point of time. To discontinue receiving such information, User may at any point
of time visit the specific link provided on Electronic Media to discontinue the
same. Solely to enable Go-Ev to use the information so that it is not violating
any rights Users might have in the Information, User hereby agrees to grant
Go-Ev a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, database rights or any other rights User has the information, in any
media now known or not currently known, with respect to User’s information. We
will only use User’s information in accordance with these Terms of Use and the
Privacy Policy.
7.1.10 The User shall not
engage in advertising to, or solicitation of, other users of the Electronic
Media to buy or sell any products or services, including, but not limited to,
services related being displayed on or related to the Electronic Media. It
shall be a violation of these Terms of Use to use any information obtained from
the Electronic Media in order to harass, abuse, or harm another person, or in
order to contact, advertise to, solicit, or sell to another person outside of
the Electronic Media.
7.1.11 The User understands
that Go-Ev always has the right to disclose any information (including the
identity of the persons providing information or materials on the Electronic
Media) as necessary to satisfy any law, regulation or valid governmental
request. This may include, without limitation, disclosure of the information in
connection with investigation of alleged illegal activity or solicitation of illegal
activity or in response to a lawful court order or subpoena. In addition, Go-Ev
can (and User hereby expressly authorize Go-Ev to) disclose any information
about User to law enforcement or other government officials, as it, in Go-Ev’s
sole discretion, believe necessary or appropriate in connection with the
investigation and/or resolution of possible crimes, especially those that may
involve personal injury.
7.1.12 It is possible those
other users (including unauthorized users or “hackers”) may post or transmit
offensive or obscene materials on the Electronic Media and that User may be
involuntarily exposed to such offensive and obscene materials. It also is
possible for others to obtain personal information about Users on the public
forum due to User’s use of the Electronic Media, and that the recipient may use
such information to harass or injure the User. Go-Ev does not approve of such
unauthorized uses but by using the Electronic Media. The User acknowledges and
agree that Go-Ev shall not responsible for the use of any personal information
that the User publicly discloses or shares with others on the Electronic Media.
The User should carefully select the type of information that he/she publicly
discloses or shares with others on the Electronic Media, or from the Electronic
Media on other social platforms (e.g., but not limited to Facebook).
7.1.13 Go-Ev shall have all
the rights to take necessary action and claim damages that may occur due to
User’s involvement/participation in any way through User or through group/s of
people, intentionally or unintentionally causing hindrance in provision of
Services.
7.1.14 Go-Ev’s performance of
these Terms of Use is subject to existing laws and legal processes of
Government of India, and nothing contained in the Terms of Use is in derogation
of Go-Ev's right to comply with law enforcement requests or requirements
relating to User’s use of this Service or information provided to or gathered
by Go-Ev with respect to such use. The User agrees that Go-Ev may provide
details of User’s use of the service to regulators or police or to any other
third party, or in order to resolve disputes or complaints which relate to the
service, at Go-Ev’s complete discretion.
8. SERVICES
8.1 The Electronic Media is a
technological platform that enables and permits the Users to arrange, obtain
and avail the transportation services offered by the Third-Party Providers
through the Electronic Media. It has been agreed between the parties that upon
booking of Services through the Electronic Media, the arrangement constitutes a
separate and bilateral association between the User and the Third-Party
Providers. It is hereby clarified that for the purpose of facilitation of
interaction, communication and transaction between the Third Party Provider and
the User is an independent and separate transaction between such Third Party
Provider and User and Electronic Media is only acting as an intermediary
service provider and/or facilitator for the purpose of facilitation of
interaction, communication and transaction between the Third Party Provider and
the User; and hence, Go-Ev shall not be liable and responsible for any and all
liabilities, losses, claims and damages that may arise out of or in connection
with the interaction, communication and transaction between the Third Party
Provider and the User and the User agrees to hold harmless and indemnify Go-Ev
in this regard.
8.2 You hereby acknowledge and
agree that Third Party Providers are not the employees, agents,
representatives, contractors, advisers, staff members of the Company and the
Company has no responsibility for any act, omission, advice, service,
representation, etc. of any such Third Party Provider. As further described in
this Terms of Use, the Company makes no representation. warranty or guarantee
whatsoever as to (a) the availability of the Third Party Providers; (b) the
accuracy of the representations made or the information posted on the
Electronic Media by the Third Party Provider; (c) the accuracy of the
information exchanged between the Third Party Provider and the accuracy of the
information posted on the Electronic Media by the Third Party Provider and the
User; (d) the quality, nature, usefulness, relevance, accuracy of the services
provided by the Third Party Providers.
8.3 The Service allows You to
send a request through Go-Ev Electronic Media to a Driver/Third Party Provider
on the Go-Ev network. The Driver has the discretion to accept or reject each
request for the Service. If the Driver accepts a request, Go-Ev notifies the
User and provides information regarding the Driver - including Driver’s name,
Vehicle license number, telephone contact details of the Driver and such other
details as the Company may determine.
8.4 The Company shall procure
reasonable efforts to bring the User into contact with a Driver, subject to the
availability of a Driver in or around User’s location at the moment of User’s
request for such Services.
8.5 By using the Application
or the Service, the User further agrees that:
8.5.1 The User will only use
the Service or download the Application for his/her sole, personal use and will
not for commercial purposes resell or assign it to a third-party;
8.5.2 The User will not use an
account that is subject to any rights of a person other than the User without
appropriate authorization;
8.5.3 The User will not use
the Service or the Electronic Media for unlawful purposes or carry any
materials equipment or material that is prohibited under the Applicable Law or
the use of which can be used for any illegal purposes/activities;
8.5.4 The User will not try to
harm the Driver, Electronic Media or Go-Ev’s network in any way whatsoever or
cause any damage to the Vehicle;
8.5.5 The User will provide
Go-Ev with such information and documents which Go-Ev may reasonably request;
8.5.6 The User will only use
an authorized network to which it has access to for the purpose of availing
service;
8.5.7 The User is aware that
when requesting Services, whether by message, via Electronic Media or calling
the call centre of Go-Ev, standard messaging charges, data charges, voice
charges, as applicable, for the User and/or User’s phone network service
providers, will apply;
8.5.8 The User will comply
with all Applicable Law from the User’s country of domicile and residence and
the country, state and/or city in which the User is present while using the
Electronic Media or Service;
8.5.9 The User is aware of and
shall comply with the Information Technology Act, 2000 and the rules,
regulations and guidelines notified thereunder.
8.5.10 The User will not, in
his/her use of the Services, cause nuisance, annoyance, inconvenience, or
property damage, to the Vehicle, Third-Party Provider or any other party. In
certain instances, the User may be asked to provide proof of identity to access
or use the Services, and the User agrees that the User may be denied access to
or use of the Services if you refuse to provide proof of identity.
8.6 Go-Ev reserves the right
to immediately terminate the Service and the use of the Electronic Media in the
event of non-compliance with any of the above requirements by the User.
8.7 The User is strictly
prohibited from doing the following acts including without limitation:
Smoking and/or drinking in the Vehicle, misbehaving with Driver, harass, slap,
hurt, torture, extort, or assaulting the Driver in any manner, tear off any
advertisement(s) material or promotional material placed in the Vehicle,
disturb or distract the Driver while driving, make unnecessary noises, leave
without paying, jump out of the Vehicle, abuse the Driver in any manner, doing
acts which may harm the interiors of the Vehicle, causing fire in the Vehicle
or doing any act in violation of the Applicable Laws.
8.8 In the event the User is
found to be involved in the activities as set out above, the User shall be
liable to pay a fine to Go-Ev and Go-Ev shall also have the right to terminate
the Ride and/or User’s Account, immediately.
8.9 In the event User fails to
pay fine after the completion of the Ride, we may at our discretion, take such
steps as may be available to us under Applicable Law for recovery of the fine
or any amount due and payable by User on account of loss, damages, costs and
expenses that are incurred by the Company and/or Third Party Providers arising
out of/or in relation to the illegal or unauthorised use of services or any act
and omission on the part of the User in complying the terms herein. The User
shall also be blacklisted as a result of non-payment of the fine or misbehaving
or causing the aforementioned acts, as the case may be, and in such event,
User’s Account may be terminated by Go-Ev.
9. CONFIRMATION OF BOOKING
9.1 The Company, upon receipt
of a booking for the Service, uses various algorithms to appoint a Driver
closest to the requested location of the User. Upon assigning the Driver
towards the request of the User or the Service booking request, the Driver has
the discretion to accept or decline the booking made by the User through the
Electronic Media or through phone call.
9.2 Go-Ev shall, upon
receiving the booking request from the User and confirmation from the Driver in
the manner set out above, proceed to communicate the confirmation or
non-acceptance of the booking based on the availability of the Vehicle at the
pickup time, which shall be informed to the User vide an SMS or email or
notification on the Application. In the event the booking is confirmed, the
User shall check the booking details including but not limited to pick up time
and pick up place, and if there is any incorrect detail, the same needs to be
informed to Go-Ev immediately by calling on call centre on this number –
+91-9089-123123.
9.3 The User shall bear the
consequences and damages for any delay that may be caused to the User due to
the User’s failure to provide the correct pick up details and time or to check
the confirmation SMS or email or failure to inform Go-Ev of the incorrect
details immediately.
10. PAYMENT
10.1 The User will be charged
the Total Ride Fee by Go-Ev in respect of each Ride towards the transportation
services and the Services availed by the User through the Electronic Media The
User expressly acknowledges that the Total Ride Fee indicated on the platform
at the time of booking is indicative only and may vary at the time of payment
and ending of the Ride based on the actual trip undertaken (i.e exact
kilometres travelled, time taken to arrive at the location, change of location
during the trip etc.) or such fee may change due to any exigencies in certain
specific geographical areas (like curfews, road closures etc.), or due to the
User opting for additional services; and the User will be liable to pay the
actual Total Ride Fee as calculated and appearing on the Electronic Media at
the end of each trip/Ride or as may be notified to the User through Go-Ev’s
call centres if the booking is made through a call. Go-Ev will use reasonable
efforts to inform you of the charges that may apply, provided that you will be
responsible for any such charges incurred under your Account regardless of your
awareness of such charges or the amounts thereof.
10.2 In addition to the above,
User will be charged with a Location Fee charged for fees attributable to any
toll duty, inter-state taxes, airport charges or any other charge/fee imposed
by the governmental instrumentalities or any third party with regard to
operation of the Vehicle at specific locations. The User acknowledges that the
Additional Fee may be revised at the sole and absolute discretion of Go-Ev and
such revised fee will be notified on the Electronic Media from time to time on
the mode of booking by the User from time to time.
10.3 Further, the User shall
be required to pay Cancellation Fee in case of a cancellation of the Ride in
accordance with the terms of Clause 11 (Cancellation Policy).
10.4 Upon the User opting for
payment by cash option at the time of the booking, the Total Ride Fee will be
collected by the Driver from the User at the end of the Ride.
10.5 Go-Ev shall provide a
receipt and acknowledgement in respect of the Ride for the Total Ride Fee
payable by the User at the end of the Ride and the User may raise a request for
a copy of the invoices from the support page on the Electronic Media.
10.6 Go-Ev or Third-Party
Providers reserve the right to charge you any reasonable costs required to
clean or repair the Vehicle attributable to you during a Ride and Go-Ev will
collect payment for such costs as the agent of the Third Party Providers. You shall
be responsible for such cost of repair for damage to, or necessary cleaning of,
the Vehicles and property resulting from use of the Services under your Account
in excess of normal “wear and tear” damages and necessary cleaning (“Repair
or Cleaning”). In the event that a Third Party Provider reports the need
for Repair or Cleaning, and such Repair or Cleaning request is verified by
Go-Ev in Go-Ev’s reasonable discretion, Go-Ev reserves the right to facilitate
payment for the reasonable cost of such Repair or Cleaning to be paid by the
User using the payment method designated in the User’s Account.
10.7 This payment structure is
intended to fully compensate the Third-Party Provider for the Services or goods
provided. Go-Ev does not designate any portion of your payment as a tip or
gratuity to the Third-Party Provider. Any representation by Go-Ev (on the
Website, in the Application, or in Go-Ev’s marketing materials) to the effect
that tipping is “voluntary,” “not required,” and/or “included” in the payments you
make for services or goods provided is not intended to suggest that Go-Ev
provides any additional amounts, beyond those described above, to the Third
Party Provider. You understand and agree that, while you are free to provide
additional payment as a gratuity to any Third Party Provider who provides you
with services or goods obtained through the Service, you are under no
obligation to do so. Gratuities are voluntary. After you have received Services
or goods obtained through the Service, you will have the opportunity to rate
your experience and leave additional feedback about your Third-Party Provider.
10.8 The User shall choose to
pay for the Total Ride Fee (whether in whole or in part) by either of the
following four methods:
10.8.1 Cash payment: Cash
payment towards the Total Ride Fee after the completion of Ride can be made to
the Driver. In addition, the Location Fee and/or the Additional Fee may also be
paid by the User in cash, in which event the same will not be calculated while
charging the Total Ride Fee.
10.8.2 E-Wallet payment: Go-Ev
offers Users the facility of making an online payment through an E-Wallet as
per clause 3.9, powered by a third-party payment processor ("Payment
Processor"). The processing of payments, in connection with Users use
of the E-Wallet will be subject to the terms, conditions, and privacy policies
of the Payment Processor that Go-Ev engages for this purpose. Go-Ev will not be
responsible for any errors by the Payment Processor in any manner. The money
added to Go-Ev Wallet is strictly non-refundable and holds no expiry date.
10.8.3 Credit Card/ Debit
Card/ Net Banking Payment: The User shall have the facility of making a payment
online for the Total Ride Fee as maybe charged by Go-Ev for the Ride undertaken
by the User. The Total Ride Fee in this regard may be paid by using the
services of an entity providing a payment gateway/processor services ("Payment
Gateway"), authorized by Go-Ev. Such Payment Gateway may either be
Go-Ev or any of its affiliates or partners or unrelated third parties. The User
hereby agrees and undertakes to share relevant payment details including their
credit/debit card details (“Card Details”) with the Payment Gateway for
the successful completion of payment towards the Total Ride Fee to Go-Ev Application
and authorize the Payment Gateway to complete such transaction(s). In this
respect, it is clarified that all Payment Gateways whose services are utilized
for the purposes of the Website and/or Application and/or services shall be
PCI-DSS (Payment Card Industry – Data Security Standard) compliant. The User’s
authorization permits the Payment Gateway to debit or credit the bank account
associated with the User’s payment details. User’s authorization further
permits the Payment Gateway to use User’s Card Details for the processing of
transactions initiated by the User at any of Go-Ev’s affiliates. The User shall
have the option to save the Card details or bank details for ease of payment in
the next trip or Ride through Go-Ev as User’s authorization, as long as the
User maintains an Account with Go-Ev on their Application. In the event the
User deletes his/her Card Details with the Payment Gateway or if the User
deletes the Account, the Payment Gateway will not process any further
transactions initiated by the User at the Website or Application and at the
sites of any of Go-Ev’s affiliates. User’s authorization under this clause is
subject to any other terms and conditions of the Payment Gateway.
10.9 Any payment related
issue, except when such issue is due to an error or fault in the Application
and/or Website, shall be resolved between the User and the Payment
Processor/Payment Gateway. Go-Ev shall not be responsible for any unauthorized
use of the User’s E-Wallet/ Credit Card/ Debit Card/ Net Banking Payment during
or after availing the Services on the Application and/or Website.
10.10 If the Company has a
reason to believe that any payment instructions made on the User’s Account have
been fraudulently made, the Company will suspend and deny the User any access
to his/her Account in order to investigate and report the suspicious activity.
Such suspension will continue in effect till the conclusion of the
investigation.
11. CANCELLATION AND WAITING FEE POLICY
11.1 The User hereby agrees
and acknowledges that the User may cancel the request for a Vehicle from a
Driver at any point of time subject to a Cancellation Fee charged by Go-Ev, in
accordance with Go-Ev’s Cancellation & Waiting Policy, in the manner as
described below:
11.1.1 For the purpose of
Vehicles requested and/or scheduled by the Users through the Application or on
the call directly through the operator’s at Go-Ev, the Cancellation Fee will be
charged in the following manner:
(a) If the User cancels after
the Vehicle is allotted; or
(b) If the Driver assigned to
the User, waits for more than a pre-decided time at the User’s location after
the scheduled slot.
Notwithstanding the foregoing, if the Driver has delayed reaching the User’s
location by more than even 1 (One) minute to pick the User, the User will not
be charged any Cancellation Fee for such Ride.
11.2 The User shall be
notified regarding the applicable Cancellation Fee in advance whenever the User
attempts to cancel a booking/service request with Go-Ev. The notification
regarding the same shall be on the Application and/or the Website.
11.3 Go-Ev shall provide a
receipt of the Cancellation Fee, if any, payable by the User for every
cancellation in terms of the clauses above for such cancellations. The User may
raise a request for a copy of the invoices regarding such cancellation from the
support page on the Electronic Media.
11.4 The Cancellation Fee
shall be due and payable by the User at the time of cancellation which may be
recovered from the User immediately at the time of Cancellation or at the
completion of the User’s subsequent Ride.
11.5 A nominal Waiting Fee
shall get added to the fare of the ride in case the driver waits at the rider’s
pickup location and/or intermediate stops for more than a pre-decided time, in
accordance with Go-Ev’s Cancellation and Waiting Policy.
11.6 Go-Ev shall not cancel
any ride unless explicitly requested by the rider via Go-Ev app, email or
phone. This is valid for all situations unless arising out of adverse weather,
traffic, law and order or any other condition as deemed appropriate by Go-Ev.
12. REFUNDS
12.1 In the even the User is
of the view that he/she has been over charged in respect of any particular Ride
by the Driver, then he/she may raise a refund request on the Electronic Media.
Where the Company determines that a refund request is valid, it shall make
reasonable efforts to grant the refund request and return the requisite funds
to the respective source of payment. In the event that the User desires a
refund on any amount that has been debited from the User’s account either
through third party wallet or Go-Ev Wallet or through the saved credit
card/debit card/ net banking and the same was not authorised by the User, the
User shall be required to email support@goevcabs.com or contact Go-Ev on +91-9089-123123 and make
a refund request clearly explaining the circumstances of the User’s refund
request.
12.2 In case User has
erroneously paid an amount in excess of the applicable Total Ride Fee through
the payment methods made available on the platform, which was not required to
be transferred, after assessing the validity of the written request from the User,
Go-Ev shall process to credit the funds to the same source from where these
were received.
12.3 The Company will make
reasonable efforts to respond to the User’s refund request at the earliest.
Please note that Go-Ev will not be responsible for delays, which may be caused
by any third parties such as banks, Payment Processors, Payment Gateways and
third party -merchants, on whom Go-Ev relies while processing refund request or
any delay caused in case of any force majeure events which are beyond Go-Ev’s
reasonable control. Therefore, Go-Ev shall bear no liability for the processing
of the refund requests.
13. DISCLAIMERS, WAIVER AND RELEASE
13.1 Except for Go-Ev’s
limited role in processing payments that User’s authorize or initiate, Go-Ev is
not involved in any underlying transaction between the User, Third Party
Provider, any other customer, merchant, bank, Payment processor, Payment
Gateway or other third party.
13.2 Go-Ev shall not be liable
for the quality, safety, reliability, legality, delivery or any other aspect of
any goods or service that User may purchase through any Third-Party
Advertisers. The User’s use of the service is at his/her sole risk.
13.3 The service is provided
on an "as is" and "as available" basis. Go-Ev disclaims all
warranties of any kind whether express or implied including without limitation,
any representation or warranty for accuracy, availability, continuity,
uninterrupted access, timeliness, sequence, quality, performance, security,
merchantability, fitness for any particular purpose, non-infringement or
completeness. Without prejudice to the forgoing paragraph, Go-Ev does not
warrant that:
13.3.1 This Website and
Application will be constantly available, or available at all; or
13.3.2 This Website:
information, content, materials, product (including software) or Services
included on or otherwise made available to the User through the Website; their
servers; or electronic communication sent from Go-Ev are free of viruses or
other harmful components; and
13.3.3 Nothing on the Website
will constitutes, or is meant to constitute, advice of any kind.
13.4 Go-Ev makes no express or
implied representations or warranties about it’s Services or the Website and
Application and disclaim any implied warranties, including, but not limited to,
warranties or implied warranties of merchantability or fitness for a particular
purpose or use or non-infringement. Go-Ev do not authorize anyone to make a
warranty on Go-Ev’s behalf and User may not rely on any statement of warranty
as a warranty by Go-Ev.
13.5 Go-Ev and its
representatives, officers, employees, agents and contractors shall not be
liable for any loss, damage, claim, expense, cost (including legal costs) or
liability arising directly or indirectly from the User’s use or non-use of the
Service or the Electronic Media, or User’s reliance upon the Service or the
information contained upon the Electronic Media (whether arising from Go-Ev or
any other person's negligence or otherwise).
13.6 The User furthermore
acknowledges and accepts that Go-Ev may not encrypt any content or
communications from and to our Electronic Media.
13.7 THE EXCHANGE OF
INFORMATION, PROVISION/AVAILING OF SERVICES, TRANSACTION BY AND BETWEEN THE
THIRD PARTY PROVIDER AND USER IS DONE AT YOUR SOLE RISK, AND HENCE YOU AGREE
THAT THE COMPANY SHALL BE IN NO EVENT LIABLE FOR ANY INJURY, LOSSES, CLAIM,
DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF
OR IS ANY WAY CONNECTED WITH THE AFORESAID.
13.8 THE USER SHALL NOT HAVE
ANY PLEA, CLAIM OR DEMAND AGAINST THE COMPANY, ITS AFFILIATES, AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND
AGENTS ETC. IN RESPECT OF ANY EXCHANGE OF INFORMATION, PROVISION/AVAILING OF
SERVICES, TRANSACTION BY AND BETWEEN THE THIRD-PARTY PROVIDER AND USER. THE
COMPANY WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED
THROUGH BY A USER THROUGH THE ELECTRONIC MEDIA OR PURSUANT TO REGISTRATION OF A
PERSON AS A USER WITH THE COMPANY AND THE ELECTRONIC MEDIA.
13.9 IN THE EVENT OF A DISPUTE
BETWEEN THE THIRD PARTY PROVIDER AND THE USER REGARDING ANY TRANSACTION
CONDUCTED VIA THE ELECTRONIC MEDIA, BOTH THE USERS HEREBY RELIEVES THE COMPANY,
ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND
FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL),
DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND
ATTORNEYS' FEES, WHICH A USER MAY HAVE AGAINST THE OTHER.
13.10 THE USERS EXPRESSLY
UNDERSTANDS AND AGREES THAT THE COMPANY DISCLAIMS ANY LIABILITY WITH RESPECT TO
ANY CLAIM, SUIT OR ACTION BROUGHT BY THE USER OR ANY THIRD PARTY IN RELATION TO
ANY USE OF/AVAILING OF THE SERVICES OFFERED/PROVIDED BY THE THIRD PARTY
PROVIDER; AND THE THIRD PARTY PROVIDER AGREES TO INDEMNIFY, DEFEND AND HOLD THE
COMPANY HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
13.11 THE USERS EXPRESSLY
UNDERSTANDS AND AGREES THAT THE COMPANY DISCLAIMS ANY LIABILITY WITH RESPECT TO
ANY CLAIM, SUIT OR ACTION BROUGHT BY A THIRD PARTY PROVIDER IN CONNECTION WITH
PAYMENT FOR SERVICES BY THE USER AND THE USER AGREES TO INDEMNIFY, DEFEND AND
HOLD THE COMPANY HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
13.12 THE AFORESAID,
DISCLAIMERS, WAIVERS, RELEASES, LIMITATIONS AND EXCLUSIONS WILL APPLY
REGARDLESS OF WHETHER THE CAUSE OF ACTION OR THE LIABILITY ARISES IN LAWS,
CONTRACT, TORT OR OTHERWISE.
14. ADVERTISMENT AND LINKS
14.1 Go-Ev may facilitate and
allow third party advertisers (“Third- Party Advertisers”) to place
advertisements on the Electronic Media or through physical presence by placing
tags, stickers, pamphlets, articles, promotional offers etc. as may be placed in
the Vehicle(s). Go-Ev has guidelines and policies to be followed by such
Third-Party Advertisers for placing such advertisements (the “Advertising
Policy”).
14.2 Go-Ev distinguishes
between the content posted by it and the content that is created or provided by
one of the Third-Party Advertisers. The advertisements will be labelled as from
Go-Ev’s advertisers, or advertisement. The content posted is not reviewed by
Go-Ev, but it shall be subject to the Advertising Policy.
14.3 Please note that We do
not verify any content or information provided by the Third Party Advertisers
on the Electronic Media and to the fullest extent permitted by Applicable
Law(s), disclaim all liability arising out of Third Party Advertisers’ use or
reliance upon the Electronic Media or the Vehicle, availing the Services,
content posted by Third Party Advertisers, representations and warranties made
by the Third Party Advertisers on the Electronic Media or towards the Vehicle
or any loss arising out of the manner in which the Services have been availed
by the Users.
14.4 The Electronic Media may
be linked to the website of third parties, affiliates and business partners. By
clicking on the advertisements by Third Party Advertisers, the User may be
redirected to a website or other electronic platform of any Third-Party
Advertisers or receive other messages, information or offers from such
Third-Party Advertisers. We have no control over, and not liable or responsible
for content, accuracy, validity, reliability, quality of such websites or made
available by/through the Electronic Media. Inclusion of any link on the
Electronic Media does not imply that we endorse the linked website. The User is
wholly liable for all communications and transactions with such Third-Party
Advertisers. The User acknowledges and agrees that the Company is not liable or
responsible for the content, products or services of such advertisers or the
websites, links, information, messages, offers or privacy practices of such
Third-Party Advertisers.
14.5 The User understands that
advertising plays an important role in the provision of this Service, and that
we will display advertisements and other information adjacent to or as part of
the Services, which the User may use. Go-Ev may periodically send promotional
emails, SMSs or push notifications to the User about Services offered by it’s
advertisers and ourselves.
14.6 Wherever Go-Ev publishes
or provides content or advertisements as part of a Service we do not: warrant
or represent that the content or advertisements are suitable, accurate,
correct, complete, reliable, appropriate, or lawful; or endorse the content or
advertisements; and the User will obtain independent professional advice at
User’s own cost before taking any action based upon such content or advertisements.
14.7 User’s correspondence or
dealings with, or participation in promotions of Third Party Advertisers found
on or through the Electronic Media and/or Vehicle, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
the User and such Third Party Advertiser. User agrees that Go-Ev shall not be
liable for any loss or damage of any nature incurred as the result of any such
interactions, or as the result of the presence of such Third-Party Advertisers
on Go-Ev’s Electronic Media and/or Vehicle.
14.8 In many cases, Go-Ev
provides services of third parties, or it’s Services in conjunction with that
of third parties. In those cases, the following conditions apply: Go-Ev
provides such services subject to the terms, conditions and limitations imposed
by those third parties. If those third parties change, suspend or stop
providing such services, Go-Ev may similarly change, suspend or stop providing
the Services to the User without notice. Go-Ev may nevertheless endeavor to
provide such a service in another way or by using another third party. User’s
authorize Go-Ev to provide any of User’s Personal Information (as defined in
Go-Ev’s Privacy Policy) to those third parties to the extent that it may be
necessary to enable the third parties and ourselves to provide the services to
the User. To the extent that there is a conflict between the third party's
Terms and Conditions and these Terms of Use, these Terms of Use will prevail.
14.9 When the User acquires
goods, softwares or any other services from a third party through any of
Go-Ev’s Electronic Media, User understands and agrees that: Go-Ev is not a
party to the contract between User and the third party; Go-Ev is under no
obligation to monitor the third party service used by the User; the third party
will be responsible for all obligations under the contract including (without
limitation) warranties or guarantees; User will evaluate the product, software
or service and the applicable terms and conditions before acquiring the
product, software or service; and User will indemnify Go-Ev against any
damages, howsoever arising from your acquisition and use of the goods, software
or service.
14.10 Go-Ev also reserves the
right to reject or refuse any third-party service used by the User in
conjunction with Go-Ev’s Electronic Media.
15. CUSTOMER RELATIONSHIP MANAGEMENT
15.1 All issues, opinions,
suggestions, questions and feedback while availing Go-Ev’s Services shall be
communicated to us through the following email address
support@www.goevcabs.com. In case of a Ride booked on the Application, User
shall be required to rate the Driver after completion of the Ride. User hereby
agrees to be fair, accurate and non-disparaging while leaving comments,
feedbacks, testimonials or reviews on or about the Rides or Services.
15.2 Reporting of any issue
needs to be within 7 (seven) days of the happening of the issue, failing which,
such issue will not be addressed. The User agrees and acknowledges that any and
all issues/complaints/grievance a User has, must be communicated to Go-Ev only
through the Electronic Media or to consumer helpdesk or grievance offices as
stipulated in these Terms of Use of the Electronic Media and not on any other
third party platform/ social media channels.
15.3 The User shall be
responsible and liable in respect of the wrongful allegation made and any
issues posted on such other third-party platforms/social media. Go-Ev takes no
liability for the inability to get back or respond to any complaints made or
content posted by the User about the Driver or Go-Ev on other channels.
15.4 Go-Ev shall endeavor to
respond to User’s issues within 2 (two) working days of User’s reporting the
same and endeavor to resolve it at the earliest possible. It is hereby
clarified that issues are resolved on severity basis, and certain may be
resolved earlier than the other. However, Go-Ev shall not be liable for any
damages or losses in the event the User is not satisfied with any such
resolution.
16. INDEMNIFICATION
In addition and not in derogation of the specific indemnities provided by you
to the Company under these Terms of Use and/or Company Policies, you agree to
indemnify, defend and hold harmless the Company and its affiliates, officers,
directors, employees, consultants, representatives, shareholders, contractors,
users and agents etc. (“Indemnified Parties”) against any/all losses,
liabilities, claims, damages, demands, costs and expenses (including legal fees
and disbursements in connection therewith and interest chargeable thereon)
arising out of or in connection with any claim, suit, action, or other
proceeding brought against Indemnified Parties, to the extent such Losses are
based on or arising out of or in connection with: (a) any breach or non-performance
or non-compliance of any of the Terms of Use and/ or other terms and conditions
of Platform with respect to use and access of the Platform and/or availing
Services on/through the Platform and/ or purchase of the product or services of
Third Party Advertisers; (b) for truthfulness and correctness of the
information provided by the User at the time of registration and/ or availing
the Services; (c) any claim which the Driver/Third Party Providers may have
with respect to interaction, communication, dealing, dispute, and transaction
between the Driver/Third Party providers and the User; (d) any content posted
by the User on the Platform and User's use of the Services available on or
through the Platform; (e) any claim of third party due to, or arising out of,
or in connection with, your use of the Platform and/ or availing of Services by
the User; (f) breach of any third party rights (including, but not limited to,
claims in respect of defamation, invasion of privacy, or infringement of any
other intellectual property right) by you.
17. LIABILITY
17.1 The information,
recommendations and/or Services provided to the User on or through the
Electronic Media, the Application and Go-Ev’s call center are for general
information purposes only and does not constitute advice. Go-Ev will reasonably
keep the Electronic Media and its contents correct and up to date but does not
guarantee that (the contents of) the Electronic Media is free of errors,
defects, malware and viruses or that the same is correct, up to date and accurate.
17.2 Go-Ev shall not be liable
for User missing trains/flights/events or delays etc as the Service is
dependent on many factors not in Go-Ev’s control. User must book the Ride after
taking into account the check-in time, traffic and weather conditions,
political rallies, natural calamities, traffic barricades, car breakdowns and
other un-expected delays.
.3 In the event, there is a
delay by the Vehicle in reaching the pickup location beyond 10 (Ten) minutes of
the pickup time, Go-Ev shall only endeavour to get the User in touch with the
Driver assigned for the Ride.
17.4 Go-Ev shall not be liable
for any damages resulting from the use of or inability to use the Electronic
Media, including damages caused by wrong usage of the Electronic Media, error
in call centre number, network issues, malware, viruses or any incorrectness or
incompleteness of the information or the or Application.
17.5 The user shall take full
responsibility of his/her items and luggage. In case of lost items inside the
vehicle during the journey, Go-Ev will try to locate the items on a
"best-effort" basis but is not responsible for the same in case of
loss or damage to the same. If the user leaves any goods in the vehicle or have
any complaint in respect of the services or the use of the vehicle, user shall
have to inform Go-Ev of the same within 24 hours of using the vehicle or the
services of Go-Ev. If the items are found in the cab, Our team will communicate
the further steps on how to retrieve the lost item.
17.6 Go-Ev does not assure a
complete sustainability of its Service and shall not be held responsible or
liable for the same, in any manner.
17.7 Go-Ev shall not be
responsible for any loss of communication / information of status update and
benefits under the program. All this information will be sent on mobile number
and/or email ID registered with Go-Ev. Go-Ev will not be responsible for
appropriateness of mobile or email or any other communication medium. The User
shall be responsible for immediately reporting the errors, if any, occurred in
the information sent to the User regarding booking confirmation.
17.8 IN NO EVENT SHALL Go-Ev
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Go-Ev HAS BEEN ADVISED
OF THE POSSIBILITY THEREOF.
17.9 IN ADDITION, AND WITHOUT
LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT WILL Go-Ev’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS OF USE OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR
OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
17.10 If Applicable Law does
not permit the exclusion of certain warranties or the limitation or exclusion
of liability, the scope and duration of such warranty exclusions and the extent
of the liability of Go-Ev shall be the minimum permitted under Applicable Law.
18. INTELLECTUAL PROPERTY OWNERSHIP
18.1 Go-Ev alone (and its
licensors, where applicable) shall own all right, title and interest, including
all related intellectual property rights, in and to the Electronic Media and
the Service and any suggestions, ideas, enhancement requests, feedback, recommendations;
text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music, artwork and computer code; or other information provided
by the User or any other party relating to the Electronic Media or the Service.
18.2 Third party trademarks
may appear on this Electronic Media and all rights therein are reserved to the
registered owners of those trademarks. For use of any third party's
intellectual property, User needs to get permission directly from the owner of
the intellectual property for any use.
18.3 These Terms of Use do not
constitute a sale and do not convey to the User any rights of ownership in or
related to the Electronic Media or the Service, or any intellectual property
rights owned by Go-Ev. The User shall be solely responsible for any violations
of any laws and for any infringements of any intellectual property rights
caused by use of the Services or the Electronic Media.
18.4 The User may use
information on the Electronic Media purposely made available by Go-Ev for
downloading from the Electronic Media, provided that the User:
18.4.1 does not remove any
proprietary notice language in all copies of such documents and make no
modifications to the information;
18.4.2 use such information
only for User’s personal, non-commercial informational purpose and do not copy
or post such information on any networked computer or broadcast it in any
media; or
18.4.3 does not make any
additional representations or warranties relating to such information.
19. SUSPENSION AND TERMINATION
19.1 You agree that the
Company, in its sole discretion and for any or no reason, may terminate the
account (or any part thereof) you may have with the Company or use of the
Electronic Media and remove and discard all or any part of your account or any
content uploaded by you, at any time. The Company may also in its sole
discretion and at any time discontinue providing access to the Electronic
Media, or any part thereof, with or without notice. You agree that any
termination of your access to the Electronica Media or any account you may have
or portion thereof, may be effected without prior notice, and you agree that
the Company will not be liable to you or any third party for any such
termination.
19.2 In addition to the
reasons and the grounds of termination expressly provided for in these Terms of
Use above, the Company, in its sole discretion, reserves the right to terminate
any account (or any part thereof) or deny access to any account or use of the
Service or remove and discard any content within the Service, for any reason,
including, without limitation:
19.2.1 registration of any
account using false or misleading information; or
19.2.2 violation or
inconsistent acts with the letter or spirit of the Terms of Use; or
19.2.3 violation of any
Applicable Laws.
19.3 You acknowledge and agree
that the Company may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to
such files or the Service. Further, you agree that the Company shall not be
liable to you or any third-party for any termination of your account or denial
of access to the Service. In the event of termination of your account by the
Company due to any of the aforementioned reasons, the Company shall have the
sole discretion to terminate or cancel any of your past acts without any
liability to the Company.
19.4 The Company does not
permit copyright infringing activities on the Electronic Media and reserves the
right to terminate access to the Electronic Media and remove all content
submitted by any persons who are found to be infringers. Any suspected
fraudulent, abusive, or illegal activity that may be grounds for termination of
your use of the Electronic Media may be referred to appropriate law enforcement
authorities. These remedies are in addition to any other remedies the Company
may have under law, contract and/or equity.
19.5 You may, by giving a
written notice to us at the following link support@goevcabs.com, terminate or deactivate your account at any time
and/or remove any data or files uploaded by you on the account or request us to
do the same. Provided that such deactivation or termination either by you or by
us will not prejudice any of your past lawful acts on the Electronic Media.
19.6 Unless terminated in
accordance with this Clause, the agreement between Go-Ev and the User is
perpetual in nature upon downloading the Application and for each Ride booked
through the Website or Application or through call center.
19.7 The User is entitled to
terminate the agreement at all times by deletion of the User Account, thus
disabling the use by the User of the Electronic Media. The User can close the
User Account at any time by following the instructions on the Electronic Media.
19.8 Termination of this
agreement will not prejudice accrued rights of either Go-Ev or User.
20. APPLICABLE LAW AND DISPUTE RESOLUTION
20.1 These Terms of Use are
subject to the laws of India.
20.2 All disputes arising out
of or in connection with the Terms of Use shall be attempted to be settled
through negotiation between senior management of the Company and the User. If
any dispute arising between the parties is not amicably settled within
reasonable period of sixty (60) days of the initiation of the aforesaid dispute
resolution mechanisms, then, the same shall be resolved by arbitration in
accordance with the provisions of the Rules of Arbitration of the Indian
Council of Arbitration for the time being in force, which rules shall be deemed
to be incorporated by reference in this Clause 20. The dispute shall be
referred to one (1) arbitrator to be appointed/ nominated by the Company. The
place of arbitration shall be New Delhi. The language of the arbitration will
be English. The decision of the arbitrator will be final, binding and
incontestable and may be used as a basis for judgment thereon in India or
elsewhere. The Company and the User will bear its own costs of the arbitration.
21. GENERAL
21.1 We are not liable for any
infringement of copyright, trademark, patterns and/or any intellectual or
proprietary rights of any third party, arising out of contents and/or materials
posted on or transmitted through the Electronic Media or items advertised
thereon.
21.2 We shall have no liability
to you for any failure and/or delay in performance of Services or any
interruption or delay, to access the Electronic Media, if that failure and/or
delay is due to reasons or circumstances beyond our reasonable control (and the
time for performance of the same shall be and is extended accordingly).
However, if we decide to grant you an indulgence on the performance of any
obligation under these Terms of Use, such indulgence shall not constitute
waiver of any of our rights.
21.3 These Terms of Use and
the Company Policies incorporated herein by reference constitute the entire
agreement between the parties with respect to the subject matter hereof and
supersedes and replaces all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter.
21.4 The rights and
obligations under the Terms of Use which by their nature should survive will
remain in full effect after termination or expiration of the Terms of Use.
21.5 If any provision of the
Terms of Use becomes or is declared by a court of competent jurisdiction to be
invalid, illegal or unenforceable then such invalidity, illegality or
unenforceability shall not affect the validity of the other provisions of the
Terms of Use, which shall remain in full force and effect.
21.6 No representation of our
employees, officers or agents or those contained and advertised on the Website
or the Electronic Media shall represent an addition or amendment to these Terms
of Use unless the same has been set out in writing and signed by one of our
directors.
21.7 You agree not to assign,
transfer or novate your rights or obligations under these Terms of Use, without
our prior written consent, if applicable.
21.8 The laws of India will
govern these Terms of Use. By accepting to these Terms of Use you agree to
irrevocably submit to the exclusive jurisdiction of the courts at New Delhi in
respect of any disputes, acts, matters or controversies arising as a result of
breach of these Terms of Use those relating to the validity, enforcement and/or
interpretation of the terms of these Terms of Use.
21.9 Failure on our part to
exercise or enforce any right or provision of these Terms of Use shall not
constitute a waiver of such right or provision.
21.10 No partnership, joint
venture or relationship of employee/employer or franchisor/franchisee arises
between you and us by reason of these Terms of Use.
21.11 In our discretion we may
serve any notice or communication on you by email, fax or mail. In the case of
notices sent by (a) fax, you will be deemed served at the time and date of
dispatch and receipt of confirmation regarding successful transmission of the
fax; (b) email, you will be deemed served at the time and date of receipt of
such email by you; and (c) mail, you will be deemed served 5 (five) business
days after dispatch of the same.
21.12 No person other than you
has any rights under these Terms of Use and cannot enforce these Terms of Use.
21.13 As part of the
registration process you agree to receive such marketing and promotional
materials via mail, SMS, email and/or fax as we may deem appropriate to send
you in connection with our Website and Services. For further details relating
to the same, please refer to our Privacy Policy.
21.14 The invalidity of any
term of these Terms of Use shall not affect the validity of the other
provisions of these Terms of Use. If and to the extent that any provision of
these Terms of Use is invalid, or is unacceptable in the given circumstances, a
provision shall apply between the parties instead that is acceptable
considering all the circumstances, taking into account the content and the
purpose of these Terms of Use .
21.15 Go-Ev may give notice by
means of a general notice on the Service or Electronic Media, or by electronic
mail to User’s email address or a message on User’s registered mobile number,
or by written communication sent by regular mail to User’s address on record in
Go-Ev’s account information.
21.16 The User may contact
Go-Ev by electronic mail to the compliance/ Grievance Officer at the email address ashok.sunkara@goevcabs.com or by written communication sent by regular
mail to support@goevcabs.com.
21.17 Go-Ev shall not be
liable for any failure to perform any obligations under these Terms of Use, if
the performance is prevented, hindered or delayed by a Force Majeure Event and
in such case its obligations shall be suspended for so long as the Force Majeure
Event continues.
22. GRIEVANCE OFFICER
Any complaints, abuse or
concerns with regards to content and or comment or breach of these Terms of Use
shall be immediately informed to Mr. Punit K. Goyal ("Grievance Officer")
through email at ashok.sunkara@goevcabs.com with the electronic signature or in writing
at the following address to:
Name: Sunkara Ashok Kumar
Designation: Grievance
Officer, Go-Ev Mobility Services India Pvt Ltd
Corporate Address: 2nd Floor,
Surabhi Gardens, 200ft Bypass Road, Avilala, Tirupati - 517501