This Policy applies only to the website visitors of ingoelectric.com only.
For information on use of the inGO Electric policies please see email us your concerns at email@example.com
You acknowledge and agree that:
A. Although we strive to provide on this Web site the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this Web site. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented "as available" and may include technical inaccuracies or typographical errors. inGO Electric reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
B. inGO Electric makes no representations or warranties of any kind or nature with respect to the information or content posted on this website. inGO electric hereby disclaims all representations and warranties, whether expressed or implied, created by law, contract, or otherwise, including without limitation any warranties of merchantability fitness for a particular purpose title or non-infringement. In no event shall inGO Electric be liable for any damages of any kind or nature including without limitation direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this internet site and /or the information or content posted on this web site, regardless of whether inGO Electric has been advised as to the possibility of such damages.
C. inGO Electric is not responsible and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness, and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Web site, inGO Electric will not edit, censor, or otherwise control any content provided by third parties on any bulletin board, chat room, or other similar forums posted on its Web site. Such information should, therefore, be considered as suspect and is not endorsed by inGO Electric.
D. This Web site may contain statements that reflect inGO Electric’s current expectations regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity, and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. inGO Electric intends to update this site on a regular basis but assumes no obligation to update any of the content.
You understand, acknowledge, and agree to the following:
A. By using this Web site, you agree not to disrupt or intercept our electronic information posted on this Web site or on any of our servers. You also agree not to attempt to circumvent any security features of our Website, and to abide by all applicable, local, state, federal, and international laws, rules, and regulations.
Return and Refund policy
InGO Do not refund any ride Amounts which are used or utlised.
Cancellation chargers are charged while Cancellation INR 20 ,the value is subject to update anytime.
If Account has been credited wrongly or any other reason please mail to firstname.lastname@example.org or Use the app to raise an dispute.
After dispute closure, InGO will credit the wallet balance to the app.
If user wants to deduct balance from Wallet, They can contact support for the Request of wallet transfer with Account Details.
The information, documents, and related graphics published in this Internet Web site (the "Information") are the sole property of inGO Electric, except for information provided by third-party providers under contract to inGO Electric, its subsidiaries, or affiliates. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Internet site are used separately from accompanying text. inGO Electric is not responsible for the content provided by third-party providers, and you are prohibited from the distribution of such material without the permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary rights of inGO Electric.
No use of any inGO Electric trademark, trade names, trade dress and products in this Internet site may be made without the prior written authorization of inGO Electric , except to identify the product or services of the company.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify inGO Electric by providing our copyright agent with the following in writing:
1. Identification of the copyrighted work that you claim has been infringed;
2. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit inGO Electric to locate the material;
3. Your name, address, telephone number, and email address;
4. A statement by you that you have a good faith belief that the disputed use is infringing and not authorized; and
5. A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. The electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.
7. To submit a notification of claimed infringement, please contact inGO Electric's Designated Agent at the following address:
inGO Electric private Limited
Richmond Town, Bengaluru,
Privacy and Security
You recognize and agree that when submitting your personally identifiable information to ingoelectric.com, while inGO Electric has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. In the unlikely event of an interception or unauthorized access despite our efforts, inGO Electric shall not be responsible for such interceptions or authorized access or any direct, indirect, special, incidental or consequential damages (including lost profits) suffered by a customer or user. Even if inGO Electric has previously been advised of the possibility of such damages. inGO Electric does not warrant, either expressly or impliedly, that the information provided by any customer shall be free from interception or unauthorized access, and not provide any implied warranties of merchantability and fitness for a particular purpose. Each customer is responsible for maintaining the confidentiality of his or her own password.
Limitation of Liability
inGO Electric does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this Web site. Reliance on these materials, information and opinions is solely at your own risk. inGO Electric disclaims any liability for injury or damages resulting from the use of this Web site, or the content contained thereon.
The inGO Electric Website, the site content and the products and services provided on or available through the website are provided on an “as is” and “as available” basis with all faults. In no event shall inGO Electric, or its subsidiaries, affiliates, vendors, or their respective directors, employees or agents (hereinafter “inGO Electric Parties”) be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of or inability to use this website, the site content, any services provided on or through this web site or any linked sit, including any special direct, punitive, incidental, exemplary or consequential damages including but not limited to personal injury, lost profits or damages from resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in this website or this site content whether or not there is negligence by inGO Electric and whether or not inGO Electric has been advised of the possibility of any such damages. Some states do not allow the limitation of liability, so this provision may not apply to you.
PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THIS AND OTHER WEB SITES OWNED OR OPERATED BY inGO Electric, ITS SUBSIDIARIES OR AFFILIATES.
Rental User Aggrement
InGO Services Rental Agreement, Waiver of Liability and Release
Effective Date: March 11, 2020.
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES.
In consideration of Your use of any of the InGO Services (defined below) provided by InGO Electric Private Ltd. d/b/a InGO, operator of InGO Bike Share, InGO requires that You (“Rider”, “You”, or “Your”) agree to all terms and conditions in this InGO Agreement, Waiver of Liability, and Release (“Agreement”), as applicable.
The “Services” provided by InGO are composed of the following including
1) Our Bike Share smart bicycles (“Bike” or "InGO Move"), Light weight smart electric scooters ("InGO Flee") (collectively, the "InGO Vehicles")
2) Our Bike Share bicycle and Electric Scooter parking locations ("InGO Zones"). Bicycle parking locations ("InGO Zones") and Electric Scooter parking locations ("InGO Zones") can be same or different.
3) All other related equipment, personnel, charging stations for electric scooter batteries, mobile applications, websites and information provided or made available by InGO (collectively, the "InGO Services")
Please CAREFULLY READ all terms and conditions before entering into this Agreement. Here is a list of some of the terms that InGO wants to bring to your notice in the event you are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them where defined in this Agreement.
On completion of your ride, the Bike must be locked and parked at respective designated INGO ZONE. If the Bike is not locked and parked at INGO ZONE, the trip will continue and you will continue to be charged. InGO holds the rights to end your ride and charge a incidental charges of up to INR 1000.
For more details, please refer to the term 2.3 below.
On completion of your ride, park the Bike/Electric Scooter at a InGO designated parking location ("InGO Zone") following all the laws. The Bike/Electric Scooter cannot be parked in non-public spot, private property or in an area that is locked.
You must follow all traffic laws, e.g. any cycling lane laws in your area, electric vehicle regulations in your area
If there is a damage or malfunction in the Bike or Electric Scooter, you must immediately report it to InGO via the App Support feature or e-mail - email@example.com
InGO clearly agrees to let, and the Rider clearly agrees to take on, rental of the Bike/Electric Scooter subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Indian Rupees.
1. GENERAL RENTAL AND USE OF INGO VEHICLES
1.1 Rider is Sole User
InGO and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle from the Location, the Vehicle must be used only by You. You must not allow others to use a Vehicle that You have activated from the Location.
1.2 Rider must be at least 16 years old
Rider must be at least 16 years of age to ride a InGO Flee and at least 13 years of age to be able to ride a InGO Move but only under the supervision of the minor's(rider’s) parent or a legal guardian. If riders do not comply with the rules as mentioned he/she will be levied with incidental charges.
1.3 Rider is an Experienced Vehicle Operator
Rider denotes and certifies that he/she is familiar with the operation of the Vehicle, and is reasonably competent and physically fit to ride the Vehicle. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for deciding whether conditions, including rain, storms, or man-made situations, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behavior to suit the weather and traffic conditions.
1.4 Vehicle is the Exclusive Property of InGO
Rider agrees that the Vehicle and any InGO equipment attached to the Vehicle, at all times, remain the exclusive property of InGO. You must not disassemble, write on, modify, repair or deface a Vehicle, any part of a Vehicle, or other InGO equipment in any way. You must not write on, peel, modify or damage any sticker on a Vehicle in any way. You must not use a Vehicle, or other InGO equipment for any advertising or similar commercial purpose.
1.5 Vehicle Operating Hours and Vehicle Availability
Rider agrees and acknowledges that the Vehicles are available 24 hours a day, 7 days/week, 365 days per year, except in the case of events outlined in section
4.6. Vehicles must be rented within the maximum rental time limits set forth below. The number of Vehicles are limited and Vehicle availability is never guaranteed.
1.6 Vehicle May be Used and/or Operated only in InGO Designated Areas and Parking Locations
Rider agrees to only use, operate and/or ride the Vehicle in InGO designated regions/areas. Rider agrees to only end, the ride only at InGO designated parking locations ("InGO Zones").If riders do not comply with the rules as mentioned in the Terms and Conditions below he/she will be penalized.
1.7 Rider Must Follow Laws Regarding Use and/or Operation of Vehicle
Rider agrees to follow all laws relating to the use, riding and/or operation of the Vehicle, including all state and city laws and the rules and regulations pertaining to bicycles/electric scooters in the area where you are operating the Vehicle.
1.8 Prohibited Acts
Rider agrees to the following:
• You must not ride a Vehicle while carrying any briefcase or other items if it hinders Your ability to operate the Vehicle safely.
• While riding a Vehicle, you must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from safely riding the bicycle.
• You must not use a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may harm Your ability to operate a Vehicle safely.
• You must only use locking mechanisms provided by InGO. You must not add another lock to the Vehicle or lock a Vehicle to anything.
• The Vehicle must be parked at InGO designated parking location ("InGO Zone") to end the ride, i.e. the Vehicle cannot be parked/left on private property or in a locked area or in any other non-public space.
• You must not carry a second person or child on a Vehicle.
• You must not place heavy objects (more than 5 Kilograms) on the basket of Bicycle.
1.9 Vehicle is Intended for Only Limited Types of Use
Rider agrees that he/she will not use the Vehicle for racing, stunt or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.
1.10 Weight and Cargo Limits
Following are the weight and cargo limits for InGO Vehicles
1) You must not exceed the maximum weight limit for the Bicycle (120 Kilograms) or the cargo carrier/basket on the Bike (5 Kilograms). Rider accepts that the front carrier/basket and back basket of the Bike is intended for light goods only, and that he/she will not carry people or animals anywhere on the bicycle.
2) You must not exceed the maximum weight limit for the Electric Scooter (150 Kilograms)
1.11 No Tampering
You must not tamper with, attempt to gain unauthorized access using, or otherwise use InGO system or other InGO equipment other than for purposes of using a Vehicle pursuant to this Agreement.
1.12 Reporting of Damage or Crashes
Rider must report any accident, crash, damage, personal injury, stolen or lost Vehicle, to InGO as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department within 24 hours. Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle.
1.13 Rider Responsibility for Vehicle Use and Damage
Rider agrees to return the Vehicle to InGO in the same condition in which it was rented. Rider will not be responsible for normal wear and tear.
1.14 Light weight Electric Scooter
The Electric Scooter requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Electric Scooter safely and prudently in light of the vehicle being an electric powered and all of the limitations and requirements associated therewith. Our Electric Scooter is ICAT certified. The maximum speed limit of the vehicle is 25 km/hr and wearing a helmet during the ride is not mandatory.
RTO registration tag is also not required for the vehicle.
Rider understands and agrees with each of the following:
The level of charge power remaining in the electric scooter will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety). The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use. The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors. It is Rider’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle. The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed. The Vehicle may run out of charging power and cease to operate at any time during Rider’s rental of the Vehicle, including before reaching Rider’s desired destination.
1.15 Charging of Electric Scooter
If the Electric Scooter runs out of charging power during a rental, Rider shall conclude the ride in compliance with all terms of this Agreement. Rider must immediately report about this to InGO via the App Support feature or e-mail - firstname.lastname@example.org
2. PAYMENT AND FEES
Rider may use the Vehicle on a pay per ride basis or as otherwise in accordance with the saver plans described in the App. In each case, fees and other charges may be subject to applicable taxes and other local Government charges, which may be charged and collected by InGO. InGO will charge the Rider’s wallet or other agreed payment methods the amount of the fees as described in this Agreement.
2.2 Promo Codes
Promo codes (discounts) are one-time offers and can only be redeemed via InGO App. Only one promo code will be applied to a single ride. InGO reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
2.3 Maximum Rental Time
Maximum rental time is 24 hours. Rider agrees that Rider will deactivate the Vehicle rental within 24 hours of time that rental of the Vehicle began. The rider may then rent again. Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking of the bike. The rider will be charged as per the maximum rate of the tariff card. Vehicle not returned at the InGO designated parking locations ("InGO Zone") will attract incidental fee of up to INR 1,000. If a Vehicle is lost or stolen during rental, Rider security deposit will be taken and a police report may be filed.
2.4 Security Deposit and InGO Money account balance
Rider shall deposit amount for security deposit as mentioned in tariff card in the App and amount on top of security deposit (“added balance”) will be available to be applied for electric vehicle ride charges using payment options provided on InGO app before using the services. Rider authorizes InGO to deduct electric vehicle ride charges, any incidental charges, and taxes. For Pedal cycle charges, rider will use refund vouchers issued against such amount. Rider can dispute any charges by presenting all necessary information within 10 days from end of the month in which such amount was charged. Security Deposit is refundable after adjusting with the negative balance. No cash refund will be provided for added balance/ eCash/Active Saver Packs or any other promotional balance. Rider can be issued refund vouchers which can be only applied against other InGO services.
2.5 Pick Up Fees
If You are unable to return a Vehicle to a InGO designated parking location, and request that the Vehicle be picked up by InGO staff, InGO, at its sole discretion, may choose to charge You a pick-up fee up to a maximum of INR 2,000. If any Vehicle accessed under Your account is abandoned without notice, you will be responsible for all ride charges until the Vehicle is recovered and deactivated, plus a service charge (currently maximum of INR 1,000) to recover the Vehicle. Fees are subject to change.
3. RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK
“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, charges, incidental charges, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Vehicles, equipment or related information, or (b) Rider’s use of any of the foregoing. “Released Persons” means, collectively InGO and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, and (ii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns. In exchange for Rider being allowed to use any of the Services, Vehicles, and other equipment or related information provided by InGO, Rider (acting for Rider and for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) do hereby fully and forever release and discharge all Released Persons for all Claims that Rider has or may have against any Released Person, except for Claims caused by the Released Person’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. Rider expressly agrees to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of InGO and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the Bike.
YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, INGO, OR RELATED EQUIPMENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, INGO, OR RELATED EQUIPMENT, INGO AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ALL OF THE SERVICES, INGO, AND RELATED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK).
INGO AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, INGO, OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, INGO, OR RELATED EQUIPMENT.
3.3 Limited Liability
RIDER DOES HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, INGO AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) RIDER’S USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, BIKES, OR RELATED INFORMATION, (C) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER,(E) RIDER’S FAILURE TO WEAR A HELMET WHILE USING A VEHICLE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.
RIDER DOES HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF INGO OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
THE TOTAL LIABILITY OF INGO AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF INR 10,000.
SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO RIDER, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO RIDER, AND RIDER MIGHT HAVE ADDITIONAL RIGHTS.
INGO CLEANS AND SANITIZES ITS VEHICLES AT A REGULAR FREQUENCY. SANITISATION IS DONE USING A WHO CERTIFIED SOLVENT. HOWEVER, IN THE UNFORTUNATE CIRCUMSTANCE IF A COMMUTER CONTRACTS AN ILLNESS, INGO CANNOT BE HELD LIABLE.
3.4 Assumption of Risk by Rider
Rider is solely and fully responsible for the safe operation of the Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained, and that such malfunction may cause injury. Rider agrees that riding a Vehicle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Rider or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Rider agrees that such risks, dangers, and hazards are Rider’s sole responsibility, including, but not limited to, choosing whether to wear a helmet or utilize other protective gear. Rider agrees that if Rider’s use of any of the Services causes any injury or damage to another person or property, then Rider may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Bike, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that InGO and all other Released Persons are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Bike itself.
You will indemnify and hold the Released Persons harmless from all losses, suits, claims or other proceedings arising out of or relating to Your use of Vehicles and any breach of the terms of this Agreement; provided, however, that Released Persons must notify You as soon as practicable after the date notice of such loss, suit, claim or other proceeding is served on Released Persons directly (as opposed to service on a statutory agent for service of process) or otherwise brought to the attention of Released Persons.
4.1 Safety Check
InGO will have the following safety equipment on the Vehicles
• Left-hand rear break and right-hand front break
• Smart Bicycle ("InGO Move")
1) A front LED lights in front, and a rear red Tail light
2) Reflectors on front and rear wheels of each bike
3) Bike Name on the bike Top
4) Bike Lock with app
5) Horn at right handle to alert any people in the path
Electric Scooter ("InGO Flee")
1) Head light in the front
2) A rear red reflector
3) Vehicle Number on the frame beneath the footrest
4) Horn/Bell at left handle to alert any people in the path
5) Digital battery meter
Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the vehicle, which includes inspecting the following: (i) wheels (ii) safe operation of all brakes (iii) proper attachment of the saddle, and battery level (only for electric scooters); (iv) good condition of the handle and bell; and (v) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer support using InGO App or sending an email at email@example.com.
4.2 Lost or Stolen Vehicle
If a vehicle is not returned within 48 consecutive hours, then the vehicle is deemed lost or stolen and a police report will be filed with local authorities. The data generated by the servers will be treated as the conclusive evidence of the period of the usage of the vehicle by a rider. If a vehicle has disappeared or stolen, the rider must immediately report to InGO.
4.3 Rider Safety
InGO recommends that all Riders wear a helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Rider agrees that none of InGO and its Released Parties are liable for any injury suffered by Rider while using the Service, whether or not Rider is wearing a helmet at the time of injury. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.
Vehicles shall have the following safety precautions as a minimum:
• Bell to alert any person or vehicles in the path
• Hand operated brakes, one each for the front and rear wheels
• A red rear reflector
• A white front reflector in smart bicycle and front headlight in electric scooter
• Remote tracking of vehicle using built-in GPS system
4.4 Vehicle Routes
Rider agrees that InGO does not provide or maintain places to ride Vehicles, and that InGO does not guarantee that there will always be a safe place to ride a Vehicle. Roads, bicycle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.
4.5 Limitations on Vehicle Rental
Rider agrees that InGO is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. InGO provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.
4.6 Limitations on Availability of Service
InGO makes every effort to provide the Service 365 days per year, but does not guarantee that the Service will be available at all times, as force major events or other circumstances might prevent InGO from providing the Service. Access to the Service is also conditioned on the availability of Vehicles. InGO does not represent or warrant the availability of any Service or the availability of any Vehicle at any time. Rider agrees that InGO may require Rider to return a Vehicle at any time.
5. TERM AND TERMINATION
The term of this Agreement begins when Rider first uses the InGO Service, and the term ends 20 years after Rider’s last use of the Service; provided, however, that Rider’s personal financial responsibility under this Agreement expires one year after the Rider’s last use of the Service.
5.2 Termination by InGO
At any time and from time to time, and without Rider’s consent, InGO may unilaterally terminate Rider’s right to use the Service, in InGO’s sole discretion and without any notice or cause. Rider may terminate Rider’s use of the Service at any time; provided, however, that
(i) no refund will be provided by InGO,
(ii) the term of this Agreement continues in accordance with this Agreement,
(iii) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the Service, regardless of how the Agreement is terminated.
6. LICENSE TO IMAGE AND LIKENESS
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably:
(1) give Your full and unconditional consent to InGO and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity;
(2) grant to InGO and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as InGO may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and
(3) waive, release, and discharge all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.
7. Confidentiality of Information
InGO may be contacted by emailing firstname.lastname@example.org
9. Choice of Law & Dispute Resolution
This Agreement is governed by, and must be construed and enforced in accordance with, the laws of India, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the India and agrees that those courts have personal jurisdiction over each party; and (iii) the parties must submit the dispute to mandatory mediation to the concerned "Authority" who will assign mediator to conduct the mediation process. The parties agree that any dispute will be first subject to mediation. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.
10. Waiver and Severability
No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
11. Cumulative Remedies
All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
12. Final Agreement & Modification by InGO
This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement succeeds all other prior agreements, written or oral, relating to such subject matter. InGO may amend, modify, or change this Agreement at its discretion and without any notice or cause, at any time, periodically, without Rider’s consent. By continuing to use any Service after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, InGO will post a notification on the Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement.
13. Contract Interpretation
The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
RIDER ACCEPTANCE OF AGREEMENT
I certify that I am the Rider, I am 16 years old or above, and I have read and expressly agree to the terms and conditions set forth in this Agreement.
I certify that I am the Parent and/or Legal Guardian of the Rider, who is at least 13 years old, and I am 16 years old or above. I have read, and I expressly agree to, the terms and conditions set forth in this Agreement and authorize use of the Service by the minor Rider.
We, InGO Electric Pvt. Ltd., would like InGO users to know that we will collect and use your personal information. The policies below are applicable to data and information collected when you use any of the following:
1. InGO Electric Pvt. Ltd. network of websites, including www.inGO.bike (including any versions optimized for viewing on a wireless or tablet device)
2. All email newsletters published or distributed by InGO Electric Pvt. Ltd.
3. All apps published by InGO Electric Pvt. Ltd., including the “InGO” app
4. Any other services made available by InGO Electric Pvt. Ltd. (“Service”)
5. All other interactive features and communications provided by InGO Electric Pvt. Ltd. (“App”), however accessed and/or used that are operated by us made available by us, or produced and maintained by us, and our related companies (collectively “InGO” or “we”, “us”, or “our”)
Information Collection and Use
The app uses Third Party services for user KYC via Aadhaar Number that may collect information used to identify you.
You may browse the App without submitting any personal information. However, there are a number of features and Services that can be accessed only on submission of the required personal information. The most common ways in which we may collect your personal information are listed below.
• When you register for an account on the InGO App
• When you use InGO App to refer to your friends
• On submission of payment information for adding money to your InGO wallet
• App related communications, e.g. Aadhaar Number provided for KYC
• Profile information (personal and non-personal) provided by you in the InGO App User Profile
• When you share your ride details on your social media authorized by you
• When you participate in InGO ratings, surveys, or promotions
• When you sign up to receive alerts or information via email, text or instant messages from InGO
• When you request for assistance, customer service or support
• When you submit data or information on the App where it is permitted
• When you knowingly volunteer personal information anywhere on the App
When you use our Service and if there is an error in the App, we collect data and information (through third party products) on your phone, called Log Data. This Log Data may include information such as your device Internet Protocol (IP) address of your server, device name, operating system version, the app configuration while you are using our service, the time and date when you use our service, the duration, and other statistics.
The device information about the computer, browser, mobile device or any other device that you use to access the App. This information may include the IP address, geolocation, unique device identifiers, type of browser, language, and other transactional information.
When you use the App, a third party server or we might collect information about your use of the App, including GPS routes and status of GPS chips.
Device information about the InGO, including time stamps and battery status.
Additional “traffic data” and log files such as time of access, date of access, software crash reports, session identification number, access times, and referring App addresses.
Other information regarding your use of the App.
Collection of Your Source IP Address/Location Information.
Information Collected from Other Sources
We might collect information about you, which we may receive from other sources or from our offline interactions with you. Such information that will enable us to verify, update information contained in our records and to better customize the App for you. We may also collect Personal Information from credit reporting agencies to, for example, determine your creditworthiness, credit score, and credit usage, in accordance with applicable laws.
Third Party Personal Information Collected Through Refer-A-Friend Feature
We may conduct a referral/promotion service to introduce people you know to our Apps and Service. If you choose to refer someone to our App and Service or a discount on the App and Service, we will ask you for your contact’s name and email address. We will automatically send your contact a one-time email invitation to visit our App. We collect and retain this information for the purpose of sending this one-time email and tracking the success of our referral program. Your contact may contact us at email@example.com to request that we remove this information from our database.
Our Services do not address anyone under the age of 13 years. We do not knowingly collect personal information from children under 13 years. In the case we realize that a child under 13 years has provided us with personal information, we immediately delete this from our servers. If you are a parent or a guardian and are aware that your child has provided us with personal information, please contact us so that we will be able to take necessary actions.
Cookies are files with small amount of data that is commonly used as anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your device internal memory. This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collection information and to improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some features of this Service.
How Do We Use Your Information?
We use the information we receive from you to help us personalize services and improve your experience on the App. We may use your Personal and Non-Personal Information in the following ways:
• To process your registration
• To provide the InGO Service to you at your request
• To track the InGO vehicle you use
• To upload your content to our App at your request
• To permit you to update, edit, and manage your content on our App
• To communicate with you about your account or transactions with us (including service related announcements) and send you information about features and enhancements on our App
• To update you about changes to our policies
• To communicate with you about your comment to a blog post
• To personalize content and experiences on our App, including providing you reports, recommendations and feedback based on your preferences
• To disclose anonymized Personal Information to disclose statistics and analytics and other details regarding the use of our App
• To enhance or improve our products, services and operations
• To update the App on your device automatically
• To detect, examine, and restrict activities that may violate our policies or be illegal
• To perform analyses of users of the App: statistical, demographic, and marketing
With Whom is Your Information Shared?
We have third party agents, subsidiaries, affiliates and partners that perform functions on our behalf. These functions may include hosting, billing, push notifications, storage, bandwidth, content management tools, analytics, customer service, fraud protection, etc. These entities have access to your Personal Information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of that Personal Information. They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the App.
We may have to use or disclose Personal Information if required to do so by law or in a situation where such action is necessary to (a) conform to applicable law or comply with legal process served on us or the App; (b) protect and defend our rights or property, the App or our users, and (c) act under emergency circumstances to protect our personal safety and that of our affiliates, agents, or the users of the App or the public. This includes exchanging information with other companies and organizations for fraud protection.
What Steps Are Taken to Keep Personal Information Secure?
We are concerned about the security of your Personal Information. We practice great care in providing secure transmission of your information from your device to our servers. Your Personal Information collected by our App is stored in secure operating environments that are not available to the public. Our security procedures may require us to request proof of identity before we disclose your Personal Information to you. However, please be advised that while we try our best to safeguard your Personal Information, transmission of data over the Internet or any other public network cannot be guaranteed to be 100% secure.
How Can InGO Transfer Your Personal Information?
What Happens When I Link to or From Another App?
Changes to This Policy
What Are Your Choices and How Do You Opt-Out?
Although you may not be able to opt-out of all data collection when you visit our Apps, you do have a choice to limit the collection, use and sharing of your personally identifiable information.
Collection of Personal Information
All personally identifiable information is provided on a voluntary basis. If you do not want InGO to collect such information, you should not submit it to the App. However, not submitting certain information may affect your ability to access some content and use some of the functions of the App.
Emails and Other Communications
You may alter the preference of the type of communications you receive from us, including opting out of promotional communications. You can do this at any time by updating the communication preferences indicated in your account profile through the App.
Please note that by doing so you may not be able to access certain products and services, and we may continue to send non-promotional communications such as staffing confirmations, surveys, and other information about your use of the Service. If you refer others to us using our email functionality, please note that they may choose not to receive any promotional emails from us in the future by following the opt-out instructions in the email invitation.
Please note that while you may opt out of online behavioral advertising and other targeted advertising served by participating companies through App you may still see other types of advertising on the App, it just may not be as relevant or targeted to your interests.
Reviewing and Changing Your Information
You can review and change the information in your InGO account by logging into your account and editing your profile. Please note that we may not be able to delete your Personal Information without also deleting your user account. To access any records containing information about you, we may request you to provide us with your Personal Information to verify your identity. Please be advised that you will not be permitted to examine the Personal Information of any other person or entity. We may decline your request to change or delete Personal Information if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.
Copyright (c) 2017 InGO Electric Pvt Ltd.