ZipGo Terms of Use

 

  1. General

 

  1. Welcome to www.zipgo.in (“Website”)/the ZipGo mobile application (“App”). This Website/App is owned and operated by ZipGo Technologies Private Limited (“ZipGo”), whose registered office is at [F-4, Green Park Extension, New Delhi - 110016, India].

 

  1. Our Website/App is an online platform that simplifies Your daily commute. By using Our App, a group of Users can plan their transport to a pre-determined location in advance. Our App allows You to choose, in advance, the services of buses, minibuses and other vehicle operators (“Operators”) through common carriage contracts (“Contracts”) for your commute to a common destination.

 

  1. For the purpose of these terms of use (“Terms of Use”), where the context requires, “We”, “Us” and “Our” means ZipGo and “You”, “Your” or “User” means any person who accesses or uses the Website/App.

 

  1. By accessing or using the Website/App, You agree to be bound by these Terms of Use and Our other policies made available on the Website, including but not limited to Our Privacy Policy (“Policies”). These Terms of Use govern Your Use of the Website/App.

 

  1. Changes to the Terms of Use

 

We may modify these Terms of Use and our Policies from time to time, by updating this document. Your continuing to use the Website/App following the posting of changes will mean that You accept such changes.

 

  1. Access to the Website/App

 

You may access and use the Website/App only if You are 18 years of age or older and are legally capable of entering into a binding contract as per applicable law, including, in particular, the Indian Contract Act, 1872. If You are below the age of 18, Your parent/legal guardian is required to accept a Contract on Your behalf and ensure the discharge all the obligations therein.

 

  1. Your Profile and User Information

 

  1. Upon downloading the App, You are required to create a profile (“Profile”) providing Us with Your name, contact number, picture and details required for Payment as described in Clause 6. Upon successful registration, You will be issued a username and password which are linked to Your Profile. These are non transferable. Please keep them confidential as You are responsible for all acts or omissions committed on the Website/App using your username or password and for all the information/content posted under Your Profile.

 

  1. For purposes of these Terms of Use, all information provided to us under Your Profile, including your name, contact number, picture and details required for Payment, preferred pick up and destination locations from the options provided on the Website/App shall be defined as “User Information”.

 

  1. By providing us with Your User Information, You confirm that:

 

  1. The User Information provided by You and under Your Profile is accurate, genuine and will be regularly updated;

 

  1. The mobile phone number provided in Your User Information belongs to You, has been validly acquired under applicable law, and you may contacted on the number by way of calls or SMS messages by Us, our Operators, drivers and other Users; and

 

  1. You shall immediately notify Us of any un-authorized use of Your Profile, User Information or any other breach of these Terms of Use or security known to You.

 

  1. Further, you authorize Us to:

 

  1. Collect, process and store User Information and access information including the IP address, IMEI number and MAC address of the computer/device from where the Website/App was accessed;

 

  1. Either directly, or through third parties, verify and confirm your User Information;

 

  1. Contact You using your User Information;

 

  1. Share your User Information with other Users, Operators or drivers who may use the same to contact You, including on Your mobile phone; and

 

  1. Modify, limit or delete your User Information or Profile as may be required.

 

  1. Subject to the above, and your compliance with these Terms of Use, We grant You a non-exclusive, revocable, limited privilege to access and use this Website/App.

 

  1. Our services

 

  1. Upon providing details of Your pick up and drop destination, a list of all available Contracts matching your requirements, together with the periodicity for which such Contracts are available, will be provided to You.

 

  1. You may choose a Contract from the list of Contracts provided to You by clicking on the “View” button, upon which the terms and conditions of the Contract, including the fee (“Fee”) payable for each Contract over various durations, will be made available to You for your acceptance. By accepting a Contract on the Website/App, You enter into and accept to be bound by a common contract between You, the relevant Operator and other Users who have accepted the same Contract (“Co-passengers”).

 

  1. ZipGo is not an on demand service. We require that You Contract with the relevant Operator at least 5 minutes ahead of your journey. We allow Contracts to be entered into for various intervals ranging from weekly to annual Contracts. We may, at our sole discretion, also allow you to enter into a Contract for individual days or journeys as an introductory measure. Each round of travel available as per these Contracts constitutes a single ride (“Ride”). In the event that You or any of Your Co-passengers terminate a Contract, We reserve the right to cancel the relevant Contract. We may offer additional Contracts or remove Contracts from the list offered depending on the availability of Operators and Your demand for transport to specific destinations. 

 

  1. Once you have accepted a Contract, You will be issued with a copy of Your Contract and Your User Information will be sent to the driver of the vehicle for the Contract to confirm Your identity at the pick up location. Please carry valid proof of Your identity and Your Contract copy with You to the pick up location as only those Users who have entered into a Contract in advance of their travel, in accordance with these Terms of Use shall be allowed to board by the relevant Operator.

 

  1. Please note that Operators ply their vehicles only in accordance with the pre-agreed Contracts between them and You. No vehicle will stop to pick up or set down any User at any point in the Ride other than the agreed pick up location and destination.

 

  1. It is clarified that all Rides are provided solely by the Operator and are subject to the Contract entered into between You, the Operator and Your Co-passengers. We are not a party to such Contracts and shall not be held liable under any circumstance for the breach by the Operator of any terms of the Contract or for the Operator’s failure to render services to Your satisfaction. We shall also not be liable for any harm, losses or damage caused to Your person or property due to the actions and/or inactions of the Operator.

 

  1. Payment

 

  1. You are required to pay the entire Fee for the Contract chosen by You [through a PayTM wallet linked to Your Profile].

 

  1. In the event that you do not board a ride forming part of the contract chosen by you, a corresponding portion of the fee will not be refunded.

 

  1. We reserve the right to offer Rides free of cost to promote Our services. It is clarified that You will continue to be bound by the terms of the Contracts that such Ride forms part of, should you choose to avail such free Rides.

 

  1. Use of the Website/App

 

  1. You understand and agree that:

 

  1. You cannot board/disembark any Ride at any location other than the pre-determined pick up location and destination;

 

  1. We are not liable for any faulty or unsatisfactory services provided to You. The Website/App is an intermediary which connects You to Operators through this online platform and We shall not be liable under any circumstance for the services provided by the Operator chosen through the platform; and

 

  1. You agree to make use of the Website/App for their intended purpose only in a bona fide manner. In particular You agree not to:

 

  1. print, distribute, share, download, duplicate or otherwise copy, delete, vary or amend or use any data or User Information posted by any User other than You;

 

  1. upload multiple Profiles of the same User using the same or different Profiles;

 

  1. infringe on any intellectual property rights of any person and/or retain information in any computer system or otherwise with an intention to do so;

 

  1. use or attempt to use another person’s Profile;

 

  1. attempt to gain unauthorized access to any portion or feature of the Website/App, or any other systems or networks connected to the Website/App or to any connected server, computer, network, by hacking, password “mining” or any other illegitimate means;

 

  1. probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App or breach the security or authentication measures on the Website/App or any network connected to the Website/App;

 

  1. use any automated systems to extract data from the Website/App;

 

  1. make any inaccurate, false, unfair or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or any User on the Website/App;

 

  1. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website/App or Our systems or networks, or any systems or networks connected to Us; or

 

  1. Circumvent or manipulate the Website/App, services, registration process, Fees, billing system, or attempt to do so.

 

  1. You further agree not to host, display, upload, modify, publish, transmit, update, share or otherwise make available on the Website/App any information, that: —

 

  1. contains content or other material protected by intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

 

  1. defames, abuses, harasses, stalks, hurts religious or ethnic sentiments of, threatens or otherwise violates the legal rights of others;

 

  1. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

 

  1. harms minors in any way;

 

  1. infringes any patent, trademark, copyright or other proprietary rights;

 

  1. violates any law for the time being in force;

 

  1. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

 

  1. abets or assists with impersonating another person;

 

  1. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

 

  1. 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 cognisable offence or prevents investigation of any offence or is insulting any other nation;

 

  1. conducts or forwards surveys, contests, pyramid schemes or chain letters;

 

  1. creates profiles or provides content that promotes escort services or prostitution;

 

  1. uses any other internet service to send or post spam to drive visitors to any other site hosted on or through ZipGo systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party; or

 

  1. contains any content which is non-compliant with The Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, including Rule 3 of The Information Technology (Intermediaries Guidelines) Rules, 2011, Terms of Use or Privacy Policy, as amended/re-enacted from time to time.

 

  1. Intellectual Property

 

  1. The intellectual property in the Website/App and in the material, content and information made available on the Website/App including graphics, images, photographs, logos, trademarks, the appearance, organisation and layout of this Website and the underlying software code belong to ZipGo or its licensors.

 

  1. You must not copy, modify, alter, publish, broadcast, distribute, sell or transfer (whether in whole or in part) any such material. The information provided on the Website/App is for Your personal use only.

 

  1. Indemnity

 

You agree to indemnify ZipGo, its owners, licensees, affiliates, group companies and their respective officers, directors, agents, and employees, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which We may pay, suffer, incur or are liable for, in relation to any act You do or cause to be done, in breach of the Terms of Use or Your violation of any law, rules or regulations.

 

  1. User Content

 

  1. You retain ownership of any intellectual property rights that You hold in content (including photographs, images and materials and information other than the User Information) (collectively, “User Content”) that You provide on the Website/App. You grant ZipGo license and right to use and modify this User Content for the Website/App.

 

  1. Any material that is generated, as a whole or in part, on the Website/App, including, without limitation details of communication between Yourself and other Users including but not limited to messages and other communication (collectively “User Generated Information”) that You post or transmit to or receive, through or over the Website shall be solely owned by Us.

 

  1. Feedback, Reputation and Reviews

 

You agree to be fair, accurate and non disparaging while leaving comments, feedback, testimonials and reviews (“Feedback”) on or about the Operators and Your Rides. You acknowledge that you transfer all rights in such Feedback to ZipGo and that we will be free to use the same as we may find appropriate.

 

  1. Breach of these Terms of Use

 

If You have, or We have reasonable grounds to believe that You have, violated these Terms of Use in any way, We can indefinitely suspend or terminate Your access to the Website/App at any time, forfeit any amounts paid by You and report such action to relevant authorities. We reserve the right to take recourse to all available remedies under applicable law in furtherance of the above.

 

  1. Interacting with Operators and other Users

 

  1. While accepting a Contract, We strongly encourage You to exercise reasonable diligence as You would in traditional off line channels and practice judgment and common sense before committing to any Contract or exchange of information.

 

  1. Third parties  may obtain personal information about You due to Your use of the Website/App. You acknowledge that We are not responsible for the use of any personal information that You disclose or share with others through the use of the Website/App.

 

  1.  Third Party Sites

 

All third party advertisements, hyperlinks or other redirection tools on the Website/App which take you to content operated by third parties are not controlled by Us and do not form part of the Website. We are not liable for any loss or harm that occurs to You as a result of such sites.

 

  1. Disclaimer and Limitation of Liability

 

The Website/App and Rides are provided on an “as is” and “as available” basis without any representation or warranty, express or implied. We do not warrant that:

 

  1. The Website/App/Rides will be constantly available, or available at all. We shall have no liability to You for any interruption or delay in access to the services  or the rides availed through them, irrespective of the cause;

 

  1. The information on the Website/App is complete, true, accurate or non-misleading;

 

  1. That the Website/App is secure or free of viruses, Trojans or other malware; or

 

  1. The contents of the Website/App do not infringe any intellectual property rights.

 

In no event shall we be liable for any direct, special, punitive, incidental, indirect or consequential damages including but not limited to any loss of profits, revenue,  business or data of any kind in connection with these Terms of Use, even if You have been informed in advance of the possibility of such damages. Our combined liability for any losses or claims arising out of a Contract shall not exceed the total fees paid to Us for the corresponding Contract.

 

  1. Privacy Policy

 

Any personal information You supply to Us when You use this Website/App will be used in accordance with Our Privacy Policy.

 

  1. Miscellaneous

 

  1. Severability and Waiver

 

If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

 

  1. Relationship between ZipGo, Operators and its Users

 

Use of the Website/App does not create any relationship of principal and agent, master and servant or employer and employee between any User and ZipGo. Further, there is no relationship of principal and agent, master and servant or employer and employee between any Operator and ZipGo.

 

  1. Applicable Law and Dispute Resolution

 

These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of [India]. Any disputes pertaining to the Website/App shall be subject to the exclusive jurisdiction of the appropriate courts in Bangalore

 

  1. Grievance officer

 

In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

 

Zaid Azmi

 

You may write to him at the following address:

 

Building No. 48 (Top Floor),

Koramangla – 4C, Bangalore - 560034

 

  1.  

 

Email him at care@zipgo.in

 

  1. Contact Us

 

Please contact Us for any questions or comments (including all inquiries related to copyright infringement) regarding this Website.

 

  1. This document is an electronic record under the Information Technology Act, 2000 and rules thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

  1. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access to or usage of this Website/App.
  2. Refund Policy

23. Fair Usage Policy