Privacy Policy

provided by me in accordance with the Privacy Policy and I fully comply with Terms &

Conditions which I have read and understand.

This Privacy Policy and its Addendum(s) (“Policy”) describe how iSelect Pvt. Ltd.

Ltd., its respective subsidiaries, affiliates, associated companies and jointly controlled

entities (collectively “iSelect”, gogo20”) collect, use, process and disclose your Personal

Data through the use of gogo20’s mobile applications and websites (respectively “Apps” and

“Websites”), as well as products, features and other services globally, operated by

iSelect (collectively, “Services”).

This Policy applies to our users, customers, passengers, vendors, agents, distributors,

suppliers, partners (such as driver and vendor partners), contractors and service providers

(collectively “you”, “your” or “yours”).

“Personal Data” is any information which can be used to identify you or from which you are

identifiable. This includes but is not limited to your name, nationality, telephone number,

bank and credit card details, personal interests, email address, your image, government-

issued identification numbers, biometric data, race, date of birth, marital status, religion,

health information, vehicle and insurance information, employment information, financial

information etc.

1. Collection of Personal Data

We collect Personal Data about you in the ways listed below. We may also combine

the collected Personal Data with other Personal Data in our possession. If you have

or are a party to multiple relationships with us (for example if you use our Services

across our various business verticals, or if you are both a driver partner/delivery

partner as well as a passenger on our transport vertical or a customer on our other

business verticals), we will link your Personal Data collected across your various

capacities to facilitate your use of our Services and for the Purposes described

below.

You provide your Personal Data to us

We collect your Personal Data when you voluntarily provide it to us. For example, you may

provide your Personal Data to us when you:

▪ Complete a user profile or registration forms (such as your name, contact

information and other identification information where needed);

▪ Provide information to assess your eligibility to provide services as a gogo20 driver

partner or delivery partner (such as your driver’s license information, vehicle

information and background check results (as legally permissible));

▪ Interact with our social media pages (such as your social media account ID, profile

photo and any other publicly available data);

▪ Participate in contests or events organised by us (such as the pictures, audio files, or

videos you may submit, which may include images of yourself);

▪ Verify your identity through various means (such as social media logins, submission

of selfie images or independently verified payment card information);

▪ Fill up demographic information in surveys (such as your age, gender, and other

information you may volunteer such as your marital status, occupation and income

information); and

▪ Agree to take a ride with in-vehicle audio and/or video recording features.

In certain circumstances, you may need to provide your Personal Data in order to comply

with legal requirements or contractual obligations, or where it is necessary to conclude a

contract. Failure to provide such Personal Data, under such circumstance, may constitute

failure to comply with legal requirements or contractual obligations, or inability to conclude

a contract with you, as the case may be.

When our services are used

Personal Data may be collected through the normal operation of our Apps, Websites and

Services. Some examples are:

▪ Your location (to detect pick-up locations and abnormal route variations);

▪ Feedback, Ratings and Compliments;

▪ Transaction information (such as payment method and distance travelled);

▪ Information about how you interacted with our Apps, Website or Services (such as

features used and content viewed);

▪ Device information (such as hardware model and serial number, IP address, file

names and versions and advertising identifiers or any information that may provide

indication of device or app modification);

▪ Personal data you enter in messages when you use our in-app communication

features; and

▪ Personal data that may be captured through your interaction with us, our agents, in-

vehicle audio and/or video recording during a ride (such as your image or voice or

both, and its related metadata).

From other sources

When we collect Personal Data, including but not limited to your name, contact information

and other identification information where needed from other sources, we make sure that

that data is transferred to us in accordance with applicable laws. Such sources include:

▪ Referral programmes;

▪ Our business partners, such as fleet partners, payment providers, ride-hailing

partners and transport partners;

▪ Insurance and financial providers;

▪ Credit bureaus and other credit reporting agencies;

▪ Publicly available sources of data;

▪ Governmental sources of data;

▪ When our users add you as an emergency contact; and

▪ Marketing services providers or partners.

Personal Data about driver partners

If you are a driver partner, we may collect:

▪ Telematics data (such as your speed, acceleration, and braking data);

▪ Device data (such as accelerometer data, GPS location, your IMEI number and the

names of apps you have installed on your device);

▪ Your vehicle registration data; and

▪ Personal data that may be captured through your interaction with us, our agents,

our in-vehicle audio and/or video recording during a ride (such as your image or

voice or both, and its related metadata).

Sensitive Personal Data

Some of the Personal Data that we collect is sensitive in nature. This includes Personal Data

pertaining to your race, national ID information, religious beliefs, background information

(including financial and criminal records, where legally permissible), health data, disability,

marital status and biometric data, as applicable. We collect this information only with your

consent and/or in strict compliance with applicable laws.

In-vehicle recording

gogo20’s applications or devices

gogo20 may install in-vehicle audio and/or video recording applications or devices to

promote the safety and security of gogo20 driver partners, delivery partners and

passengers. Your Personal Data may be captured in these audio and/or video

recordings. Where in-vehicle audio and/or video recordings are made, such recordings are

collected, processed, used and stored in a manner that is compliant with applicable laws.

Personal In-vehicle cameras

Some gogo20 partners may install personal in-vehicle cameras in their vehicles for their own

purposes (including safety and security). The use of such in-vehicle cameras is not endorsed

or prohibited by gogo20. The collection, use and disclosure of Personal Data obtained from

personal in-vehicle cameras is the responsibility of the relevant partner. Please check with

the relevant partner if you have any queries about their use of personal in-vehicle cameras.

Telematics devices

Gogo20 works with some partners to install telematics devices in selected rental vehicles for

the following purposes:

▪ To ensure that the vehicle is maintained appropriately and serviced in a timely

fashion;

▪ To help maintain the safety, security and integrity of our products and services;

▪ To improve and enhance our products and services; and

▪ For internal tracking of the vehicle, analysis and administrative purposes.

If you are a driver partner, these devices will collect telematics data (such as your speed,

acceleration, and braking data) and your location information. If you are a passenger

onboard one of our vehicles fitted with these devices, your location data (i.e. the position of

the car) will be incidentally collected as well.

The data collected by these devices are owned by these partners who have entered into

appropriate contractual undertakings with gogo20 to safeguard this data. While these

partners share such telematics data with us (to enable us to fulfil the purposes stated

above), we do not share any personally identifying information about our driver partners or

passengers with these partners.

Personal Data of minors

As a parent or legal guardian, please do not allow minors under your care to submit

Personal Data to gogo20. In the event that such Personal Data of a minor is disclosed to

gogo20, you hereby consent to the processing of the minor’s Personal Data and accept and

agree to be bound by this Policy and take responsibility for his or her actions.

When you provide Personal Data of other individuals to us

In some situations, you may provide Personal Data of other individuals (such as your spouse,

family members or friends) to us. For example, you may add them as your emergency

contact. If you provide us with their Personal Data, you represent and warrant that you have

obtained their consent for their Personal Data to be collected, used and disclosed as set out

in this Policy.

2. Use of Person Data

gogo20 may use, combine and process your Personal Data for the following purposes

(“Purposes”):

Providing services and features

Your Personal Data will be used to provide, personalise, maintain and improve our Apps,

Websites and Services. This includes using your Personal Data to:

▪ Provide you with Services across our various business verticals;

▪ Engage you to provide Services;

▪ Create, administer and update your account;

▪ Conduct due diligence checks;

▪ Verify your identity;

▪ Verify your age (where necessary);

▪ Validate your ride and process payments;

▪ Offer, obtain, provide, facilitate or maintain insurance or financing solutions;

▪ Track the progress of your trip and detect abnormal trip variations;

▪ Enable features that personalise your App, such as lists of your favourite places and

previous destinations;

▪ Make your experience more seamless, such as automatically filling in your

registration information (such as your name or phone number) from one Service to

another Service or when you participate in our surveys;

▪ Perform internal operations necessary to provide our Services, including

troubleshooting software bugs and operational problems, conducting data analysis,

testing and research, monitoring and analysing usage and activity trends;

▪ Protect the security or integrity of the Services and any facilities or equipment used

to make the Services available;

▪ Process and manage your rewards;

▪ Enable communications between our users;

▪ Process, manage or verify your application of promotions, rewards and subscriptions

with gogo20;

▪ Enable our partners to manage and allocate fleet resources; and

▪ Fulfil the services to you as a data processor, where you have provided consent to

the data controller (i.e. the organisation you had purchased goods or services from,

and for whom gogo20 is providing services on behalf of) for such services to be

rendered.

Safety and security

We use your data to ensure the safety and security of our Services and all users. This

includes:

▪ Screening driver and delivery partners before enabling their use of our Services;

▪ Identifying unsafe driving behaviour such as speeding, harsh braking and

acceleration, and providing personalised feedback to driver partners;

▪ Verifying your identity when you log in to gogo20;

▪ Using device, location, profile, usage and other Personal Data to prevent, detect and

combat fraud or unsafe activities;

▪ Sharing drivers and passengers’ location and details when the emergency button or

the “VAS Features” feature is activated;

▪ Monitoring compliance with our terms and conditions, policies and Driver’s Code of

Conduct; and

▪ Detecting, preventing and prosecuting crime.

Customer support

We use Personal Data to resolve customer support issues. For example, we may:

▪ Investigate and address concerns;

▪ Monitor and improve our customer support responses;

▪ Respond to questions, comments and feedback; and

▪ Inform you about steps taken to resolve customer support issues.

Research and development and security

We may use the Personal Data we collect for testing, research, analysis and product

development. This allows us to understand and analyse your needs and preferences, protect

your Personal Data, improve and enhance the safety and security of our Services, develop

new features, products and services, and facilitate insurance and finance solutions.

Legal purposes

We may use the Personal Data we collect to investigate and resolve claims or disputes, or as

allowed or required by applicable law.

We may also use your Personal Data when we are required, advised, recommended,

expected or requested to do so by our legal advisors or any local or foreign legal, regulatory,

governmental or other authority.

For example, we may use your Personal Data to:

▪ Comply with court orders or other legal, governmental or regulatory requirements;

▪ Enforce our Terms of Service or other agreements; and

▪ Protect our rights or property in the event of a claim or dispute.

We may also use your Personal Data in connection with mergers, acquisitions, joint

ventures, sale of company assets, consolidation, restructuring, financing, business asset

transactions, or acquisition of all or part of our business by another company.

Marketing and promotions

We may use your Personal Data to market gogo20 and it’s partners’, sponsors’ and

advertisers’ products, services, events or promotions. For example, we may:

▪ Send you alerts, newsletters, updates, mailers, promotional materials, special

privileges, festive greetings; and

▪ Notify, invite and manage your participation in our events or activities.

We may communicate such marketing to you by post, telephone call, short message service,

online messaging service, push notification by hand and by email.

If you wish to unsubscribe to the processing of your Personal Data for marketing and

promotions, please click on the unsubscribe link in the relevant email or message.

Alternatively, you may also update your preferences in our App settings.

3. Disclosure of Personal Data

We need to share Personal Data with various parties for the Purposes. These parties

include:

Other users

For example:

▪ If you are a passenger, we may share your pick-up and drop-off locations with our

driver partner fulfilling your service request.

▪ If you are a driver partner, we may share your Personal Data with your passenger

including your name and photo; your vehicle make, model, number plate, location

and average rating.

▪ If you are a delivery partner, we may share your Personal Data with your selected

vendor/merchant and user, including your name and photo; your vehicle make,

model, location and average rating.

▪ If you are using our gogo20 other services, we may share your Personal Data with

the recipient of your parcel, and vice versa, as well as the delivery partner in charge

of fulfilling your service request.

▪ If you use our in-app chat service, we may share your mobile number and gogo20-

registered name with the other parties to your chat.

With third parties

For example, we may share a vehicle’s location and driver’s and/or passenger’s name with

third parties when a passenger uses the “Share My Ride” feature or activates the Emergency

Button.

With gogo20 partners at your request

For example, if you requested a service through a gogo20 partner or used a promotion

provided by a gogo20 partner, gogo20 may share your Personal Data with that gogo20

partners. Our partners include partners that integrate with our App or our App integrates

with, vehicle services partners, or business partners which gogo20 collaborates with to

deliver a promotion, competition or other specialised service.

With the owner of gogo20 accounts that you may use

For example, your employer may receive trip data when you use your employer’s gogo20

for Business account.

With subsidiaries and affiliates

We share Personal Data with our subsidiaries, associated companies, jointly controlled

entities and affiliates.

With gogo20’s service providers and business partners

We may provide Personal Data to our vendors, consultants, marketing partners, research

firms, and other service providers or business partners. This includes:

▪ Payment processors and facilitators;

▪ Debt collectors;

▪ Credit bureaus and other credit reporting agencies;

▪ Background check and anti-money laundering service providers;

▪ Cloud storage providers;

▪ Marketing partners and marketing platform providers;

▪ Data analytics providers;

▪ Research partners, including those performing surveys or research projects in

partnership with gogo20 or on gogo20’s behalf;

▪ Fleet and merchant partners;

▪ Insurance and financing partners;

▪ Third party intermediaries involved in the managed investment of funds, such as

brokers, asset managers, and custodians;

▪ Service providers who perform identity verification services; and

▪ Vehicle solutions partners, vendors or third-party vehicle suppliers.

With our legal advisors and governmental authorities

We may share your Personal Data with our legal advisors, law enforcement officials,

government authorities and other third parties. This may take place to fulfil the legal

purposes (mentioned above), or any of the following circumstances:

I. Where it is necessary to respond to an emergency that threatens the life, health or

safety of a person; or

II. Where it is necessary in the public interest (e.g. in a public health crisis, for contact

tracing purposes and safeguarding our community).

4. Retention of Personal Data

We retain your Personal Data for the period necessary to fulfil the Purposes outlined

in this Policy unless a longer retention period is required or allowed by law. Once

your Personal Data is no longer necessary for the Services or Purposes, or we no

longer have a legal or business purpose for retaining your Personal Data, we take

steps to erase, destroy, anonymise or prevent access or use of such Personal Data

for any purpose other than compliance with this Policy, or for purposes of safety,

security, fraud prevention and detection, in accordance with the requirements of

applicable laws.

5. International Transfers of Personal Data

Your Personal Data may be transferred from country, state and city (“Home

Country”) in which you are present while using our Services to another country, state

and city (“Alternate Country”).

When we transfer your Personal Data from your Home Country to the Alternate

Country, we will comply with our legal and regulatory obligations in relation to your

Personal Data, including having a lawful basis for transferring Personal Data and

putting appropriate safeguards in place to ensure an adequate level of protection for

the Personal Data. We will also ensure that the recipient in Alternate Country is

obliged to protect your Personal Data at a standard of protection comparable to the

protection under applicable laws.

Our lawful basis will be either consent (i.e. we may ask for your consent to transfer

your Personal Data from your Home Country to the Alternate Country at the time

you provide your Personal Data) or one of the safeguards permissible by laws.

6. Cookies and Advertising on the Third-Party Platforms

gogo20, and third parties with whom we partner, may use cookies, web beacons,

tags, scripts, local shared objects such as HTML5 and Flash (sometimes called “flash

cookies”), advertising identifiers (including mobile identifiers such as Apple’s IDFA or

Google’s Advertising ID) and similar technology (“Cookies”) in connection with your

use of the Websites and Apps. Cookies may have unique identifiers, and reside,

among other places, on your computer or mobile device, in emails we send to you,

and on our web pages. Cookies may transmit Personal Data about you and your use

of the Service, such as your browser type, search preferences, IP address, data

relating to advertisements that have been displayed to you or that you have clicked

on, and the date and time of your use. Cookies may be persistent or stored only

during an individual session.

gogo20 may allow third parties to use Cookies on the Websites and Apps to collect

the same type of Personal Data for the same purposes gogo20 does for itself. Third

parties may be able to associate the Personal Data they collect with other Personal

Data they have about you from other sources. We do not necessarily have access to

or control over the Cookies they use.

Additionally, we may share non-personally identifiable Personal Data with third

parties, such as location data, advertising identifiers, or a cryptographic hash of a

common account identifier (such as an email address), to facilitate the display of

targeted advertising on third party platforms.

If you do not wish for your Personal Data to be collected via Cookies on the

Websites, you may deactivate cookies by adjusting your internet browser settings to

disable, block or deactivate cookies, by deleting your browsing history and clearing

the cache from your internet browser. You may also limit our sharing of some of this

Personal Data through your App (Settings > Privacy > Ads) and mobile device

settings.

7. Protection of Personal Data

We will take reasonable legal, organisational and technical measures to ensure that

your Personal Data is protected. This includes measures to prevent Personal

Data from getting lost, or used or accessed in an unauthorised way. We limit access

to your Personal Data to our employees on a need to know basis. Those processing

your Personal Data will only do so in an authorised manner and are required to treat

your information with confidentiality.

Nevertheless, please understand that the transmission of information via the

internet is not completely secure. Although we will do our best to protect

your Personal Data, we cannot guarantee the security of your Personal

Data transmitted through any online means, therefore, any transmission remains at

your own risk.

8. Your rights with respect to your personal data

In accordance with applicable laws and regulations, you may be entitled to:

▪ Ask us about the processing of your Personal Data, including to be provided with a

copy of your Personal Data;

▪ Request the correction and/or (in some cases) deletion of your Personal Data;

▪ In some cases, request the restriction of the processing of your Personal Data, or

object to that processing;

▪ Withdraw your consent to the processing of your Personal Data (where we are

processing your Personal Data based on your consent);

▪ Request receipt or transmission to another organisation, in a machine-readable

form, of the Personal Data that you have provided to us where we are using your

Personal Data based on consent or performance of a contract; and

▪ Complain to the relevant data privacy authority if your data privacy rights are

violated, or if you have suffered as a result of unlawful processing of your Personal

Data.

Where you are given the option to share your Personal Data with us, you can always

choose not to do so. If we have requested your consent to processing and you later

choose to withdraw it, we will respect that choice in accordance with our legal

obligations.

However, choosing not to share your Personal Data with us or withdrawing your

consent to our use of it could mean that we are unable to perform the actions

necessary to achieve the purposes of processing described in Section II (Use of

Personal Data) or that you are unable to make use of the Services. After you have

chosen to withdraw your consent, we may be able to continue to process your

Personal Data to the extent required or otherwise permitted by applicable laws and

regulations.

If you wish to make a request to exercise your rights, you can contact us through our

contact details set out in Section 10 (How to Contact Us) below.

We will screen and verify all requests beforehand. In order to verify your authority to

make the request, we may require you to provide supporting information or

documentation to corroborate the request.

Once verified, we will give effect to your request within the timelines prescribed by

applicable laws.

9. Amendments and Updates

gogo20 shall have the right to modify, update or amend the terms of this Policy at

any time by placing the updated Policy on the Websites and Apps. By continuing to

use the Apps, Websites or Services, purchase products from gogo20 or continuing to

communicate or engage with gogo20 following the modifications, updates or

amendments to this Policy, you signify your acceptance of such modifications,

updates or amendments.

10. How to contact us

If you have any queries about this Policy or would like to exercise your rights set out

in this Policy, please contact our Corporate Communication Officer at:

iSelect Pvt. Ltd.

Goreto Tower, Dhumbarahi, Chandol, Kathmandu, Nepal

email: contact@gogo20.com

The original of this Policy is written in the English language. In the event of any

conflict between the English and other language versions, the English version shall

prevail.

Addendum 1: gogo20 for Business

1. Interpretation

All capitalised terms but undefined terms used herein shall bear the same meaning

as those defined in the Terms of Use and the gogo20 Privacy Policy (accessible at

https://www.gogo20.com/privacy).

This Addendum forms part of the gogo20 Privacy Policy. In the event of any

inconsistency between the gogo20 Privacy Policy and this Addendum, this

Addendum shall prevail.

2. gogo20’s relationship with users and clients

How gogo20 works for business

gogo20 for Business is provided as an add-on feature to facilitate corporate billing

for the Authorised Users’ use of gogo20’s Services in the course of work.

When an organisation (“Client”) chooses to utilise gogo20 for Business, the

Authorised User is given the option of tagging his/her rides or other transactions to

the Client or to tag it as a personal ride. An Authorised User is referred to in the

gogo20 Privacy Policy as a passenger.

As part of this feature, gogo20 will disclose detailed trip and booking information

that Authorised Users have tagged as being for business purposes to the Client.

Apart from this, gogo20 does not disclose other Personal Data of its Authorised

Users to the Client.

Alternatively, an individual user may choose to set up a business profile within the

App to facilitate the tagging of business-related rides and to generate consolidated

trip reports to facilitate the submission of claims from his or her employer. When

used in this mode, the claims process is user-driven and the user’s employer need

not be a Client.

For ease of reference, Authorised Users and individual users will each be referred to

as a “User” and collectively as “Users” in this Addendum.

gogo20 is a data controller, so are our Clients

In respect of any User and the processing of all their Personal Data (including but not

limited to Linking Data and Portal Data), gogo20 acts as a data controller. For further

information on how gogo20 collects, uses and discloses Users’ Personal Data, please

refer to the gogo20 Privacy Policy.

Due to the way gogo20 for Business works, gogo29 does not process any Personal

Data for and on behalf of the Client. Accordingly, gogo20 is not the data processor of

the Client, but an independent data controller in respect of all Personal Data that it

processes in the course of providing the gogo20 for Business feature. Likewise, the

Client is an independent data controller of the Personal Data (e.g. the Linking Data

and Portal Data) that it discloses to and/or receives from gogo20.

As independent controllers, gogo20 and the Client individually determine the

purposes and means of processing Personal Data, subject to the provisions set out in

the Terms of Use and this Privacy Policy. gogo20 and the Client are also individually

responsible to ensure the protection of Personal Data under their charge.

3. What personal data is collected, processed and disclosed

What gogo20 collects as part of gogo20 for Business

In order to provide the gogo20 for Business feature, the individual user or the Client

will be required to provide the following information about the Authorised User to

gogo20:

Full name;

Business email address; and

Other identifying information about the Authorised User as reasonably requested by

gogo20.

gogo20 will use this information for the purposes of:

authenticating the User; where applicable, linking the Authorised User’s account

with the Client’s gogo20 for Business account or tracking the Authorised User’s

business profile bookings on the Apps, as the case may be;

where applicable, verifying the Corporate Billing status of such Authorised User from

time to time; and contacting the User in accordance with the purposes set out in the

gogo20 Privacy Policy.

Upon onboarding such User to the App, gogo20 will process the Personal Data of the

User in accordance with the gogo20 Privacy Policy and this Addendum.

What gogo20 discloses to its Clients

gogo20 will disclose relevant trip and booking information as determined by gogo20

from time to time to the Client to facilitate Corporate Billing.

What gogo20 discloses to its individual user

Depending on the business profile settings selected by the individual user, the user

may retrieve and generate reports containing his/her relevant trip and booking

information.

4. Parties’ obligations

The Client and gogo20 shall each:

▪ Individually inform their data subjects of how each processes Personal Data and

allow their data subjects to exercise their rights under the local data

protection/data privacy laws;

▪ Comply with the obligations applicable to each party under the applicable data

protection/data privacy laws when processing any Personal Data of the Proposed

or Authorised Users;

▪ Obtain the necessary consents (if applicable) to facilitate the provision of the

gogo20 for Business feature; and

▪ Implement appropriate legal, technical and organisational measures to protect

Personal Data against unauthorised or unlawful processing and against

unauthorised loss, destruction, damage, alteration, or disclosure, as well as any

breach or attempted breach of each party’s security measures (“Information

Security Incident”).

Terms & Conditions

gogo20 for business terms: Transport, On-Demand and Last Mile Delivery & Logistics

Terms of Use

Section A – General Terms relating to gogo20 services

iSelect Pvt. Ltd., is a company incorporated under the laws of Nepal, with its

registered office at Goreto Tower, Dhumbarahi, Chandol, Kathmandu, Nepal.

1. Introduction

1.1. Please read these Terms of Use carefully. By using the Service (as defined below),

you agree that you have read and understood the terms in these Terms of Use

which are applicable to you. These Terms of Use and the gogo20 Policies (as defined

below) constitute a legally binding agreement (“Agreement”) between you and

gogo20 (as defined below). The Agreement applies to your use of the Service

provided by gogo20. If you do not agree to the Terms of Use please do not use or

continue using the Platform (as defined below) or the Service.

1.2. gogo20 may amend the terms in the Agreement at any time. Such amendments

shall be effective once they are posted on https://www.gogo20.com or the

Application. It is your responsibility to review the Terms of Use and gogo20 Policies

regularly. Your continued use of the Service after any such amendments, whether or

not reviewed by you, shall constitute your agreement to be bound by such

amendments.

1.3. If you use the Service in a country other than the country where you registered for

the Application (the “Alternate Country“), you must regularly review the Terms of

Service applicable in the Alternate Country which can be found

at https://www.gogo20.com as it may differ from the country where you registered

for the Application. By using the Service in the Alternate Country, you agree to be

bound by prevailing Terms of Use in the Alternate Country.

1.4. gogo20 IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR USERS TO

OBTAIN OR PROCURE SERVICES. DEPENDING ON THE SERVICE IN QUESTION, THE

SERVICES MAY BE SUPPLIED BY gogo20 OR A THIRD-PARTY PROVIDER. WHERE THE

SERVICE IS PROVIDED BY A THIRD-PARTY PROVIDER, gogo20’S ROLE IS MERELY TO

LINK THE USER WITH SUCH THIRD-PARTY PROVIDER. gogo20 IS NOT RESPONSIBLE

FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD-PARTY PROVIDER, AND ANY

LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD-PARTY

PROVIDER. THIRD-PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT,

EMPLOYEE OR STAFF OF gogo20 AND THE SOLUTIONS PROVIDED BY THIRD-PARTY

PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY gogo20.

2. Registration

2.1. You shall be permitted to access the Platform, avail the gogo20 Services and

connect with Delivery Partner on the Platform after completing the onboarding

process which shall be an Application Program Interface (“API”) integration with

gogo20 or in case where Vendor / Merchant is not capable to do the API

integration, in a manner as may be informed by gogo20 to Merchant from time to

time at gogo20’s sole discretion.

2.2. When You register with gogo20, you will be required to provide information about

You and/or Your organisation. You agree and accept that as on the date of your

registration on the Platform, the information provided by you is complete, accurate

and up-to-date. In the event of any change to such information, you shall be

required to promptly inform gogo20 of the same, in writing, at least 1 (one) week

prior to the date on which such change shall take effect. You acknowledge and

accept that gogo20 has not independently verified the information provided by you.

gogo20 shall in no way be responsible or liable for the accuracy, inaccuracy,

obsolescence or completeness of any information provided by you. If You provide

any information that is untrue, inaccurate, obsolete or incomplete, or gogo20 has

reasonable grounds to suspect that such information is untrue, inaccurate, obsolete

or incomplete, gogo20 reserves the right to suspend or terminate your Account

(defined below) and refuse any and all current or future use of the Platform (or any

portion thereof) at any time.

3. gogo20 Services

3.1. gogo20 provides you with the following services (“gogo20 services”):

3.1.1. It provides You with a license to access the Platform;

3.1.2. The Platform allows You to connect with Delivery Partner to pick up and drop

off packages from one location to the other through the Delivery Partner (“Pick

Up and Drop Off Services”); and

Facilitates the collection of payments for the transaction/(s) between You and

Delivery Partner.

3.2. You can initiate a transaction on the Platform by which You may (through the

Delivery Partner) send packages to a particular location identified by You. The Pick

Up and Drop Off Services are provided to You directly by the Delivery Partner and

gogo20 merely acts as a technology platform to facilitate the connection between

You and the Delivery Partner. The Delivery Partner is neither an employee nor an

agent or an affiliate of gogo20. gogo20 does not assume any responsibility or

liability for any form of act, omission to act, services provided, quality or deficiency

of services on part of the Delivery Partner. You hereby agree and acknowledge that

all actions, omissions to act, services provided, quality or deficiency in services with

respect to the Pick Up and Drop Off Services is of the Delivery Partner in the

Delivery Partner’s independent capacity and sole discretion.

3.3. Upon initiation of a request for Pick Up and Drop Off Services on the Platform,

Delivery Partner/(s) around the pickup location shall be intimated in an automated

manner and depending upon the availability of Delivery Partner/(s), a Delivery

Partner may choose to accept Your request. The Delivery Partner shall pick up the

item from a location designated by You on the Platform and drop off the Items at a

particular location designated by You. While performing the Pick Up and Drop off

Services, the Delivery Partner shall act as Your agent and shall act in accordance

with Your instructions. You agree and acknowledge that the pick-up location and

the drop off location will be added by You and that such information will be used for

the Pick Up and Drop Off Services. You must ensure that the details for the locations

are accurate and identifiable by the Delivery Partners.

3.4. You agree that You shall at all times use the Platform and gogo20 Services for lawful

purposes. Additionally, You shall not use the Pick Up and Drop Off Services for items

which are illegal, immoral, hazardous, unsafe, dangerous, or otherwise restricted or

constitute items that are prohibited by any statute or law or regulation or the

provisions of these Terms of Use.

3.5. You agree that before requesting a Pick-up and Drop-off Service, You are well aware

of the contents of the package sent or requested by You through the Delivery

Partner, and that such contents are legal and within limits of transportation/logistics

under applicable law. Such contents shall not be restricted and/or banned and/or

dangerous and/or prohibited for carriage (such items include, but are not limited to,

radio-active, incendiary, corrosive or flammable substances, hazardous chemicals,

explosives, firearms or parts thereof and ammunition, firecrackers, cyanides,

precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-

precious stones including commercial carbons or industrial diamonds, currency

(paper or coin) of any nationality, securities (including stocks and bonds, share

certificates and blank signed share transfer forms), coupons, stamps, negotiable

instruments in bearer form, cashier's cheques, travellers’ cheques, money orders,

passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and

gambling devices, livestock, insects, animals, human corpses, organs or body parts,

blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste,

wet ice, pornographic materials, contraband, bottled alcoholic beverages or any

intoxicant or narcotics and psychotropic substances or any other prohibited material

or material for the transportation of which specific authorisation/license is required

under applicable laws) (all of such items, the “Restricted Items”).

3.6. You also agree that, upon becoming aware of the commission of an offence by You

or Your intention to commit an offence upon initiating a Pick-up and Drop-off

Service or during a Pick-up and Drop-off service of any item(s) restricted under

applicable law, the Delivery Partner may at the Delivery Partner’s sole discretion

choose to take such action as the Delivery Partner deems fit including intimating law

enforcement authorities about such unlawful action.

3.7. gogo20 does not check or verify the packages that are being picked up and dropped

off on behalf of You or the Items that are being delivered to You by the Delivery

Partner, and therefore gogo20 shall have no liability with respect to the Items or

Your use of the gogo20 Services and the Pick Off and Drop Off Services. However, if

it is brought to the knowledge of gogo20 through any law enforcement authority or

any other third-party that You have packaged any Restricted Items or availed the

Pick up and Drop Off Services using the Platform to deliver any Restricted Items,

gogo20 may at its sole discretion take appropriate actions including suspension or

termination of Your Account and gogo20 Services. gogo20 may also, on a request

received from the law enforcement authority provide requisite details as may be

requested, which may include but not be limited to details of Your organisation,

Your personal details, transaction history, payment details, geo locations, logistics

information, etc to such authorities.

3.8. If a transaction initiated by You on the Platform cannot be completed, You shall be

notified on the Platform.

3.9. Gogo20 shall use Your location based information that is captured by gogo20

through a global positioning system when You are using Your personal computer or

mobile device to request a gogo20 Service on its Platform. Such location based

information shall be used by gogo20 to facilitate and improve the gogo20 Services

being offered to You. You acknowledge and hereby consent to the monitoring and

tracking of Your geo-location information. In addition, the Delivery Partner may

have access to such geo-location.

4. Vendor/Merchant Information

4.1. You are solely responsible for and in control of the information You provide to us.

Compilation of Vendor/Merchant Accounts and Vendor/Merchant Account bearing

contact number and e-mail addresses are owned by gogo20.

4.2. In a case where the Platform is unable to establish a unique identity of the

Vendor/Merchant against the details provided by the Vendor/Merchant, the

Account shall be indefinitely suspended. gogo20 reserves the full discretion to

suspend a Vendor/Merchant's Account in the above event and does not have the

liability to share any Account information whatsoever.

5. Payment & Taxes

5.1. Payments:

5.1.1. While initiating a request for a Pick Up and Drop Off Service, You may be

required to pay a delivery fee to the Delivery Partner for availing the Pick Up

and Drop Off Service (“Delivery Fee”), as may be displayed to You on the

Platform at the time of raising such request. gogo20 will facilitate the collection

and disbursement of Delivery Fee for the Delivery Partner in compliance with

applicable laws. gogo20 shall issue a statement of transactions on behalf of the

Delivery Partner from time to time.

5.1.2. All settlement to the Merchant shall be made in compliance with applicable

law. In case the Merchant opts for a post-paid payment option, Merchant shall

ensure that the payment towards such outstanding amounts are made within

the prescribed time frame and in a manner as communicated by gogo20 from

time to time.

5.1.3. In case, Merchant enables a cash on delivery option for its customers and

provides instructions/authorisation to the Delivery Partners to collect the cash

on behalf of the Merchant at the time of the drop off, the Merchant shall

ensure that its customers are duly notified to hand over the appropriate

amount to the Delivery Partner without demur or delay. Subject to settlement

of Delivery Fee and any other payment obligation adjustment for Merchant,

payment of foregoing amount for cash on delivery shall be made to the

Merchant.

5.2. Taxes:

5.2.1. You are responsible to comply with the applicable tax regulations for the

transactions completed using gogo20 Services including, but not limited to,

compliance with goods and service tax, withholding taxes, if any. You agree and

acknowledge that any settlement amount to be paid by Merchant for Pick up

and Drop off Services shall not be subject to deduction of goods and service tax

or withholding taxes. Such settlement is merely a pass through amount for the

Delivery Partner. Any obligation for deduction of goods & service tax or

withholding taxes shall be between You and Delivery Partner. gogo20 shall

make available the details of Pick up and Drop off services to You to enable You

to comply with Your tax obligations.

5.2.2. You further agree and acknowledge that gogo20 shall not be held

responsible/liable for any compliance or non-compliance of applicable tax laws

by You or the Delivery Partner.

6. Insurance

You agree and acknowledge that You are solely responsible for the items that You get

delivered using Pick Up and Drop off services through the Platform. gogo20 shall in no

manner be responsible for any loss, theft or damage. However, gogo20 may from time

to time facilitate Merchant availing insurance services from third party vendors and

Merchant may at its sole discretion avail such insurance directly from a third-party

insurance provider. The details of such insurance are available

at https://www.gogo20.com/terms gogo20 disclaims any and all liability for any loss,

theft or damage caused to the Merchant by availing the Pick Up and Drop Off Services

irrespective whether Merchant chooses to avail an insurance or not.

7. Rating

7.1. You agree that: (i) after completion of a transaction on the Platform, the Platform

will prompt the Merchant with an option to provide a rating and comments about

the Delivery Partner (with respect to the services performed by the Delivery

Partner).

7.2. gogo20 and its affiliates reserve the right to use, share and display such ratings and

comments in any manner in connection with the business of gogo20 and its

affiliates without attribution to or approval of Merchant and You hereby consent to

the same. gogo20 and its affiliates reserve the right to edit or remove comments in

the event that such comments include obscenities or other objectionable content,

include an individual’s name or other personal information, or violate any privacy

laws, other applicable laws or gogo20’s or its affiliates’ content policies.

Section B

Specific Terms for gogo20 Services

8. Cancellation

8.1. If You wish to cancel a transaction on the Platform, You shall select the cancel

option on the Platform. It is to be noted that You may not be allowed to cancel a

transaction initiated on the Platform for which work the Delivery Partner has

reached the pick-up location.

8.2. The transaction initiated by You on the Platform may be cancelled, if:

8.2.1. Information, instructions and authorisations provided by You (including the

details of pick up and drop off location) is not complete or sufficient for

Delivery Partner to execute the transaction initiated by You.

8.2.2. If a Delivery Partner is not available to perform the services, as may be

requested.

8.2.3. If the transaction cannot be completed for reasons not in control of gogo20

including any technological glitch.

Part C

General Terms of Use

9. Non-Exclusive

gogo20’s Services shall be provided to You on a non-exclusive basis.

10. Eligibility to use

10.1. gogo20 reserves the right to refuse access to the Platform, at any time to

new Merchant or to terminate or suspend access granted to existing Merchant at

any time without according any reasons for doing so.

10.2. Unless otherwise permitted by gogo20, You shall not have more than 1 (one)

active Account (as defined below) on the Platform. Additionally, You are prohibited

from selling, trading, or otherwise transferring Your Account to another party or

impersonating any other person for the purpose of creating an account with the

Platform.

11. User Account, Password and Security

In order to use the Platform and avail the gogo20 Services, You will have to register on

the Platform in a manner as contained in the Clause 2 herein (“Account”). You will be

responsible for maintaining the confidentiality of the Account information, and are fully

responsible for all activities that occur under Your Account. You agree to immediately

notify gogo20 of any unauthorized use of Your Account information or any other breach

of security. gogo20 cannot and will not be liable for any loss or damage arising from

Your failure to comply with this provision. You may be held liable for losses incurred by

gogo20 or any other visitor to the Platform due to authorized or unauthorized use of

Your Account as a result of Your failure in keeping Your Account information secure and

confidential. Use of another Merchant’s Account information for using the Platform is

expressly prohibited.

12. Confidential Information

“Confidential Information” means any confidential, proprietary or other non-public

information disclosed by one party (the “Discloser”) to the other (the “Recipient”),

whether disclosed verbally, in writing, or by inspection of tangible objects. Confidential

Information will not include that information that (a) was previously known to the

Recipient without an obligation of confidentiality; (b) was acquired by the Recipient

without any obligation of confidentiality from a third party with the right to make such

disclosure; or (c) is or becomes publicly available through no fault of the Recipient. Each

Recipient agrees that it will not disclose to any third parties, or use in any way other

than as necessary to perform this Terms, the Discloser’s Confidential Information. Each

Recipient will ensure that Confidential Information will only be made available to those

of its employees and agents who have a need to know such Confidential Information

and who are be bound by written obligations of confidentiality at least as protective of

the Discloser as this Terms before such individual has access to the Discloser’s

Confidential Information. Each Recipient will not, and will not authorize others to,

remove, overprint or deface any notice of copyright, trademark, logo, legend, or other

notices of ownership from any originals or copies of the Discloser’s Confidential

Information. The foregoing prohibition on disclosure of Confidential Information will not

apply to the extent the Discloser has authorized such disclosure, nor to the extent a

Recipient is required to disclose certain Confidential Information of the Discloser as a

legal obligation based on the applicable laws and regulations or order of a court,

provided that the Recipient gives the Discloser prior written notice of such obligation to

disclose and reasonably assist in filing petition of objection etc. prior to making such

disclosure. Upon expiration or termination of this Terms and as requested by the

Discloser, each Recipient will deliver to the Discloser (or destroy at the Discloser’s

election) any and all materials or documents containing the Discloser’s Confidential

Information, together with all copies thereof in whatever form.

13. Representations and Warranties

13.1. Each party hereby represents and warrants that: (a) it has full power and

authority to enter into these Terms of Use and perform its obligations hereunder;

(b) it is duly organized, validly existing and in good standing under the laws of the

jurisdiction of its origin; (c) it has not entered into, and during the Term (as defined

below) will not enter into, any terms that would prevent it from complying with or

performing under these Terms of Use (in your case, including without limitation, any

exclusive terms with any third parties for the pick and drop off services via a

technology platform); and (d) the content, media and other materials used or

provided as part of these Terms of Use shall not infringe or otherwise violate the

intellectual property rights, rights of publicity or other proprietary rights of any third

party.

13.2. You agree to use the Platform only: (i) for purposes that are permitted by

these Terms of Use; and (ii) in accordance with any applicable law, regulation or

generally accepted practices or guidelines; (iii) on obtaining and maintaining

throughout the Term any and all valid license, approvals, registrations, no objection

certificates and in compliance with any law that may be specifically applicable to the

business being carried out by Merchant and/or for use of the Platform or gogo20

Services by Merchant. You agree not to engage in activities that may adversely

affect the use of the Platform by gogo20 or Delivery Partner(s) or other merchants.

13.3. You represent and warrant that You have not received any notice from any

third party or any governmental authority and no litigation is pending against You in

any court of law, which prevents You from accessing the Platform and/or availing

the gogo20 Services.

13.4. You represent and warrant that You are legally authorised to view and access

the Platform and avail the gogo20 Services.

13.5. You agree not to access (or attempt to access) the Platform by any means

other than through the interface that is provided by Gogo20. You shall not use any

deep-link, 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 Platform, or in any way reproduce or circumvent the

navigational structure or presentation of the Platform, materials or any Gogo20

Property, to obtain or attempt to obtain any materials, documents or information

through any means not specifically made available through the Platform.

13.6. You acknowledge and agree that by accessing or using the Platform, You may

be exposed to content from others that You may consider offensive, indecent or

otherwise objectionable. gogo20 disclaims all liabilities arising in relation to such

offensive content on the Platform.

13.7. Further, you undertake not to:

13.7.1. Defame, abuse, harass, threaten or otherwise violate the legal rights of

others;

13.7.2. Publish, post, upload, distribute or disseminate any inappropriate, profane,

defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent

or unlawful topic, name, material or information;

13.7.3. Do any such thing that may harms minors in any way;

13.7.4. Copy, republish, post, display, translate, transmit, reproduce or distribute any

Gogo20 Property through any medium without obtaining the necessary

authorization from gogo20;

13.7.5. Conduct or forward surveys, contests, pyramid schemes or chain letters;

13.7.6. Upload or distribute files that contain software or other material protected

by applicable intellectual property laws unless You own or control the rights

thereto or have received all necessary consents;

13.7.7. Upload or distribute files or documents or videos (whether live or pre-

recorded) that contain viruses, corrupted files, or any other similar software or

programs that may damage the operation of the Platform or another's

computer;

13.7.8. Engage in any activity that interferes with or disrupts access to the Platform

(or the servers and networks which are connected to the Platform);

13.7.9. Attempt to gain unauthorized access to any portion or feature of the

Platform, any other systems or networks connected to the Platform, to any

gogo20 server, or through the Platform, by hacking, password mining or any

other illegitimate means;

13.7.10. Probe, scan or test the vulnerability of the Platform or any network

connected to the Platform, nor breach the security or authentication measures

on the Platform or any network connected to the Platform. You may not

reverse look-up, trace or seek to trace any information on any other User, of or

visitor to, the Platform, to its source, or exploit the Platform or information

made available or offered by or through the Platform, in any way whether or

not the purpose is to reveal any information, including but not limited to

personal identification information, other than Your own information, as

provided on the Platform;

13.7.11. Disrupt or interfere with the security of, or otherwise cause harm to,

the Platform, systems resources, accounts, passwords, servers or networks

connected to or accessible through the Platform or any affiliated or linked sites;

13.7.12. Collect or store data about other user, merchant, Delivery Partner in

connection with the prohibited conduct and activities set forth herein;

13.7.13. Use any device or software to interfere or attempt to interfere with

the proper working of the Platform or any transaction being conducted on the

Platform, or with any other person’s use of the Platform;

13.7.14. Use the Platform or any material or Gogo20 Property 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 which infringes the rights of

the Company or other third parties;

13.7.15. Falsify or delete any author attributions, legal or other proper notices

or proprietary designations or labels of the origin or source of software or other

material contained in a file that is uploaded;

13.7.16. Impersonate any other user, Delivery Partner or person;

13.7.17. Violate any applicable laws or regulations for the time being in force

within or outside Nepal or anyone’s right to privacy or personality;

13.7.18. Violate these Terms of Use contained herein or elsewhere;

13.7.19. Threatens the unity, integrity, defence, security or sovereignty of

Nepal, friendly relation 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 for any other nation; and

13.7.20. Reverse engineer, modify, copy, distribute, transmit, display, perform,

reproduce, publish, license, create derivative works from, transfer, or sell any

information or software obtained from the Platform.

13.8. You agree and acknowledge that the use of the Gogo20 Services offered by

Gogo20 is at Your sole risk and that Gogo20 disclaims all representations and

warranties of any kind, whether express or implied as to condition, suitability,

quality, merchantability and fitness for any purposes are excluded to the fullest

extent permitted by law.

13.9. All materials/content on our Platform (except any third-party content

available on the Platform), including, without limitation, names, logos, trademarks,

images, text, columns, graphics, videos, photographs, illustrations, artwork,

software and other elements (collectively, “Material”) are protected by copyrights,

trademarks and/or other intellectual property rights owned and controlled by

Gogo20. You acknowledge and agree that the Material is made available for limited,

non-commercial, personal use only. Except as specifically provided herein or

elsewhere in our Platform, no Material may be copied, reproduced, republished,

sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used

for any purpose other than the purposes stated under these Terms of Use, by any

person or entity, without Gogo20’s prior express written permission. You may not

add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to

modify any Material, to defeat or circumvent any security features, or to utilize our

Platform or any part of the Material for any purpose other than its intended

purposes is strictly prohibited. Subject to the above restrictions under this Clause,

gogo20 hereby grants You a non-exclusive, freely revocable (upon notice from

gogo20), non-transferable access to view the Material on the Platform.

14. Intellectual Property Rights

14.1. The Platform and process, and their selection and arrangement, including but

not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds

and music (if any), artwork, algorithm and computer code (and any combination

thereof), except any third party software available on the Platform, is owned by

Gogo20 (“gogo20 Property”) and the design, structure, selection, coordination,

expression, look and feel and arrangement of such gogo20 Property is protected by

copyright, patent and trademark laws, and various other intellectual property rights.

You are not permitted to use gogo20 Property without the prior written consent of

gogo20.

14.2. The trademarks, logos and service marks displayed on the Platform (“Marks”)

are the property of gogo20, except any trademark, logos and service marks of third

parties available on the Platform. You are not permitted to use the Marks without

the prior consent of gogo20 or such third party as may be applicable.

15. Disclaimer of Warranties and Liabilities

You expressly understand and agree that, to the maximum extent permitted by

applicable law:

15.1. The Platform, gogo20 Property and gogo20 Services are provided by gogo20

on an “as is” basis without warranty of any kind, express, implied, statutory or

otherwise, including the implied warranties of title, non-infringement,

merchantability or fitness for a particular purpose. Without limiting the foregoing,

Gogo20 makes no warranty that (i) the Platform, Gogo20 Services will meet Your

requirements or Your use of the Platform will be uninterrupted, timely, secure or

error-free; (ii) the quality of the Platform will meet Your expectations; or (iii) any

errors or defects in the Platform will be corrected. No advice or information,

whether oral or written, obtained by You from Gogo20 shall create any warranty

not expressly stated in these Terms of Use.

15.2. gogo20 will have no liability related to any Merchant content arising under

intellectual property rights, libel, privacy, publicity, obscenity or other laws. gogo20

also disclaims all liability with respect to the misuse, loss, modification or

unavailability of any Merchant content.

15.3. gogo20 will not be liable for any loss that You may incur as a consequence of

unauthorized use of Your Account or Account information in connection with the

Platform either with or without Your knowledge.

15.4. gogo20 shall not be responsible for the delay or inability to use the Platform,

gogo20 Services or related functionalities, the provision of or failure to provide

functionalities, or for any information, software, functionalities and related graphics

obtained through the Platform, or otherwise arising out of the use of the Platform,

whether based on contract, tort, negligence, strict liability or otherwise. Further,

Gogo20 shall not be held responsible for non-availability of the Platform during

periodic maintenance operations or any unplanned suspension of access to the

Platform that may occur due to technical reasons or for any reason beyond

Gogo20's control. You understand and agree that any material or data downloaded

or otherwise obtained through the Platform is done entirely at Your own discretion

and risk, and that You will be solely responsible for any damage to Your computer

systems or loss of data that results from the download of such material or data.

15.5. gogo20 shall not be liable for any damages, loss, cost, expense of any kind

arising from Your use of the Platform or gogo20 Services, including, but not limited

to direct, indirect, incidental, punitive, and consequential damages.

16. Indemnification and Limitation of Liability

16.1. You agree to indemnify, defend and hold harmless gogo20 and its affiliates

including but not limited to its officers, directors, consultants, agents and

employees (“Indemnitees”) from and against any and all losses, liabilities, claims,

damages, demands, costs and expenses (including legal fees and disbursements in

connection therewith and interest chargeable thereon) asserted against or incurred

by the Indemnitees that arise out of, result from, or may be payable by virtue of,

any breach or non-performance of any obligation, covenant, representation or

warranty by You pursuant to these Terms of Use. Further, You agree to hold the

Indemnitees harmless against any claims made by any third party due to, or arising

out of, or in connection with, Your use of the Platform, Gogo20 Services, any

misrepresentation with respect to the data or information provided by You in

relation to the Account, Your violation of these Terms of Use, or Your violation of

any rights of another, including any intellectual property rights.

16.2. In no event shall the Indemnitees, be liable to You or any third party for any

special, incidental, indirect, consequential or punitive damages whatsoever, arising

out of or in connection with Your use of or access to the Platform or gogo20

Property or gogo20 Services on the Platform.

16.3. Your indemnification obligation under the Terms of Use will survive the

termination of Your Account or use of the Platform or gogo20 Services.

16.4. Subject to applicable laws, in no event will gogo20 or its employees

aggregate liability, arising from or related to the gogo20 Services or the use of the

Platform shall not exceed for any and all causes of actions brought by You or on

behalf of You.

16.5. The Platform and the gogo20 Services are only available to merchants located

in Nepal. Merchant shall not access or use the Platform from any other jurisdiction

except for Nepal. If a Merchant accesses or uses the Platform from any other

jurisdiction except for Nepal, the Merchant shall be liable to comply with all

applicable laws and Gogo20 shall not be liable for the same, whatsoever.

17. Violation of the Terms of Use

You agree that any violation by You of these Terms of Use will constitute an unlawful

and unfair business practice, and will cause irreparable harm to gogo20, for which

monetary damages would be inadequate, and You consent to the gogo20 obtaining any

injunctive or equitable relief that they deem necessary or appropriate in such

circumstances. These remedies are in addition to any other remedies that the Gogo20

may have at law or in equity. If gogo20 takes any legal action against You as a result of

Your violation of these Terms of Use, gogo20 will be entitled to recover from You, and

You agree to pay all reasonable attorneys’ fees and costs of such action, in addition to

any other relief that may be granted.

18. Additional Terms

We may also require You to follow additional rules, guidelines or other conditions in

order to participate in certain promotions or activities available through the Platform.

These additional terms shall form a part of these Terms of Use, and You agree to comply

with them when You participate in those promotions, or otherwise engage in activities

governed by such additional terms.

19. Link to third-parties

The Platform may contain links to other sites owned by third parties (i.e. advertisers,

affiliate partners, strategic partners, or others). gogo20 shall not be responsible for

examining or evaluating such third-party websites, and gogo20 does not warrant the

products or offerings of, any of these businesses or individuals, or the accuracy of the

content of such third - party websites. gogo20 does not assume any responsibility or

liability for the actions, product, and content of any such third-party websites. Before

You use/access any such third-party websites, you should review the applicable terms of

use and policies for such third-party websites. If You decide to access any such linked

third party website, you do so at Your own risk.

20. Term and Termination

20.1. These Terms of Use will continue to apply until terminated by either You or

gogo20 as set forth below. If You object to these Terms of Use or are dissatisfied

with the Platform, gogo20 Services, your only recourse, subject to the clearance of

all payment obligations either to gogo20 or the Delivery Partner, is to terminate

Your Account on the Platform by giving a 15 days’ advance written notice to Us.

Gogo20 will make Your account dormant upon receipt of request in writing and

payment of outstanding dues, if any. Even after your account with gogo20 is

disabled, dormant or made inactive, the terms agreed by You at the time of

registration will remain in effect. This termination shall be effective only once You

have cleared all Your dues that You are liable to pay as per these Terms of Use.

20.2. The Company may terminate Your future access to the Platform or suspend

or terminate Your Account and gogo20 Services if it believes, in its sole and absolute

discretion that You have infringed, breached, violated, abused, or unethically

manipulated or exploited any term of these Terms of Use or anyway otherwise

acted unethically.

20.3. You hereby agree and acknowledge, upon termination, gogo20 shall have the

right to retain all information pertaining to the transactions initiated by You on the

Platform.

20.4. You hereby further agree and acknowledge that nothing contained in this

Clause 20 shall be construed as a waiver of gogo20’s and/or Delivery Partner’s right

to payment of the outstanding dues. You hereby further agree and acknowledge

that on or before termination, you shall ensure that all the monies due to be paid to

gogo20 and/or Delivery Partner are paid in a timely manner.

20.5. You hereby further agree and acknowledge that in case of non-payment of

dues within the prescribed timelines: (i) gogo20 shall not in any manner be liable to

Delivery Partner for payment of such due; and (ii) gogo20 may: (a) adjust the

amount due from the amount payable by gogo20 to You; and (b) at its sole

discretion take appropriate legal action against You to recover the same and/or on

receiving a request, facilitate Delivery Partner for such recovery.

21. Governing Law

These Terms of Use shall be governed by and constructed in accordance with the laws of

Nepal without reference to conflict of laws principles and disputes arising in relation

hereto shall be subject to the exclusive jurisdiction of courts, tribunals, forum, applicable

authorities at Kathmandu, Nepal.

22. Report Abuse

In the event You come across any abuse or violation of these Terms of Use or if You

become aware of any objectionable content on the Platform, please report the same to

the following e-mail id: contact@gogo20.com. In case You have any queries with respect

to the Terms of Use or the gogo20 Services, please write to Us at support@gogo20.com

23. Communication

You hereby expressly agree to receive communications by way of SMSs and/or e-mails

from gogo20, or other third parties. You can unsubscribe/ opt-out from receiving

communications through SMS and e-mail anytime by contacting us for the same.

However, you may still receive communications from Your end with respect to Your use

of the gogo20 Service.

24. General

24.1. Amendments: gogo20 reserves the unconditional right to modify or amend

these Terms of Use without any requirement to notify You of the same. You can

determine when these Terms of Use were last modified by referring to the “Last

Updated” legend above. It shall be Your responsibility to check this Terms of Use

periodically for changes. Your acceptance of the amended Terms of Use shall signify

Your consent to such changes and agreement to be legally bound by the same.

24.2. Notice: All notices from gogo20 will be served by email to Your registered

email address or by general notification on the Platform.

24.3. Assignment: You cannot assign or otherwise transfer the Terms of Use, or any

rights granted hereunder to any third party. gogo20’s rights under the Terms of Use

are freely transferable by gogo20 to any third party without the requirement of

informing You or seeking Your consent.

24.4. Force Majeure: Any delay in or failure to perform any obligations by either

party under these Terms of Use shall not constitute default hereunder if and to the

extent caused by force majeure, which is defined to be occurrences beyond the

reasonable control of such party committing default, including and limited to acts of

the government authorities, acts of God, fire, flood, explosion, riots, war, labour

strikes, sabotage, rebellion, insurrection, epidemic, pandemics or similar outbreak

(“Force Majeure”). Provided, however, you shall give prompt written notice within a

period of 7 (seven) days from the date of the force majeure occurrence to gogo20.

You shall use all reasonable efforts to avoid or remove such cause of non-

performance and shall continue performance hereunder whenever such causes of

force majeure are removed. In the event the Force Majeure event continues for a

period of 7 (seven) days from the date on which gogo20 receives the notice from

You as above, gogo20 shall have the right to terminate these Terms of Use.

24.5. No Agency: Merchant shall not be deemed to be gogo20’s agent, servant, or

employee in any manner for any purpose whatsoever.

24.6. Severability: If, for any reason, a court of competent jurisdiction finds any

provision of the Terms of Use, or any portion thereof, to be unenforceable, that

provision shall be enforced to the maximum extent permissible so as to give effect

to the intent of the parties as reflected by that provision, and the remainder of the

Terms of Use shall continue in full force and effect.

24.7. Waiver: Any failure by gogo20 to enforce or exercise any provision of the

Terms of Use, or any related right, shall not constitute a waiver by gogo20 of that

provision or right.

24.8. Equitable Remedies: Merchant acknowledge and agrees that monetary

damages may be an inadequate remedy for breach or threatened breach of the

provisions of these Terms of Use, and Merchant agrees that in the event of a breach

of any provisions of these Terms of Use by the Merchant, gogo20’s rights and

obligations hereunder, in addition to any and all other rights and remedies that may

be available to gogo20 in respect of such breach, shall be enforceable by specific

performance, injunctive remedy or any other remedy available in any court of

competent jurisdiction.

24.9. Integration: These Terms of Use together with gogo20’s Privacy Policy and

any other legal notices, communications published by gogo20 on its Platform, and

any other agreements executed between You and gogo20 shall constitute the entire

agreement between you and gogo20 concerning its Platform, gogo20 Services and

governs Your use of the Platform and gogo20 Service, superseding any prior

agreements between You and gogo20 with respect to the Platform and gogo20

Service.

24.10. Infringement: If You believe the Platform violates Your intellectual property,

You must promptly notify gogo20 in writing at legalnotices@gogo20.in These

notifications should only be submitted by the owner of the intellectual property or

an agent duly authorized to act on his/her behalf. However, any false claim by You

may result in the termination of Your access to the Platform. You are required to

provide the following details in Your notice:

24.10.1. The intellectual property that You believe is being infringed;

24.10.2. The item that You think is infringing and include sufficient information

about where the material is located on the Platform;

24.10.3. A statement that You believe in good faith that the item You have

identified as infringing is not authorized by the intellectual property owner, its

agent, or the law to be used in connection with the Platform;

24.10.4. Your contact details, such as Your address, telephone number, and/or

email;

24.10.5. A statement that the information You provided in Your notice is

accurate, and that You are the intellectual property owner or an agent

authorized to act on behalf of the intellectual property owner whose

intellectual property is being infringed; and

24.10.6. Your physical or electronic signature.

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