Privacy Policy

Our 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 Advisory Inc Pvt.
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 “Appsand
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 Advisory Inc 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 Advisory Inc 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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