terms and conditions

The following statement discloses the privacy practices of Green Valley Energy Pvt. Ltd. (Company’s Name), (hereinafter referred to as “DOT”), effective from [10/08/15]. By using, browsing, accessing, viewing, transmitting, caching or storing this site / app (hereinafter “Site” / “App”), you, unconditionally agree to the legal statement, Privacy Policy, and all applicable laws governing its use. The User is advised to check this page periodically for updates, as the User’s continued use of the Site /App signifies his / her acceptance of any changed terms. DOT reserves the right to revise this Agreement at any time and without notice. Any such revision will be effective immediately upon its posting on the Site / App. If you do not agree to the terms and conditions of the Agreement specified herein please refrain from using this Site / App. This Agreement is made between DOT and User.

I. SCOPE AND DEFINITIONS

Definitions
 All of the defined and capitalized terms in this Agreement will have the meaning assigned to them here below:

“Account” refers to the account created by the Customer on the Application / Site to become the member with DOT in order to avail the services offered by the Company.

“Agreement” is a reference to these terms and conditions, the privacy policy, any order form, payment instructions, invoice provided to you by DOT.

“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court of India.

“Application” refers to mobile applications on Android, iOS, windows or other platforms maintained or operated by Company which offers services inter-alia, for booking the rides and transportation of packages, etc.

“Authorized Rider” shall mean and include such individuals who ride the bikes provided by DOT and offer the service of transporting Customers from the pick up points to the drop points as communicated by the Customer to DOT. Riders are either self-employed or provided by independent Contractors and do not include the employees of Company.

“Charges” shall mean an amount of money payable by the User to us / Rider demanded inter-alia, for use of services rendered or goods purchased supplied by DOT.

“City of Operation” shall mean Delhi NCR, Goa, Mumbai, Bangalore.

“Customer” “You”, “your”, and “yours” means a person accessing this Mobile Application / Site or any other channel provided by DOT or who has an Account on the Application / Site. And also includes person who avails the Services of DOT through Flagship model.

“DOT/ We/ Our/ Us” means Green Valley Energy Pvt. Ltd, a company registered under the Companies Act, 1956 and having its corporate office at __307, Spazedge, Tower A, Sector 47, Sohna Road, Gurgaon - 122002.

“ETA” shall mean the estimated time of arrival of the Vehicle, at the pick up point of the Customer, provided by us/Rider before the Ride, which shall change from time to time.

“ETT” shall mean the estimated travel time of the Ride, provided by us / Rider during the Ride, which shall change from time to time.

“Packages” refers to the use of DOT services by the Customer for transporting small packages to the nearby distances (upto 7 km).

“Ride” shall mean the travel in the Vehicle by the Customer from the Pick Up point to the Drop point, facilitated through the Application / Site or otherwise.

“Service(s)”
refers to any service provided by DOT through the Site / App or otherwise to any User / Customer. “Small packages”: define small packages (weight, packing, items etc.)

“Site” means _____gowithdot.com_________, and any other website maintained or operated by DOT which offers similar services including any microsites or sub-sites offered through any such website.

“Trip” means Travel on the vehicle by the Customer from pick up point to drop point, facilitated through App / Site.

“Vehicle” means the vehicle offered by DOT for the trip or for transportation of small packages.

 II. INTERPRETATION
  • Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
  • Headings and captions are used for convenience only and will not affect the interpretation of the Agreement.
  • Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as DOT will, unless repugnant to the context, include its affiliates, successors and permitted assignees.

III. GENERAL

  • The User hereby, acknowledges and agrees that the use of this Site / App and use of any Service through this Site / App are each subject to the terms set out in this Agreement.
  • The User agrees that the Us The User agrees that he/ she is 18 years of above and is in Republic of India, thereby qualified to use and avail the Services provided through this Site / App. DOT makes no representation that the Service is available or otherwise suitable for use outside the Republic of India. If the User chooses to access the Site (or use the Service) from locations outside the Republic of India, the same is done by the User at its own risk.
  • DOT reserves the right, in its sole discretion to prevent the User from using / accessing / browsing the entire or restrict certain areas of this Site / App and the Service (or any part of them), without being liable to assign any reasons for the same.
  • User understands and acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of DOT, and DOT shall in no event be responsible for any data lost while transmitting information on the Internet.
  •  As a part of continuing process, DOT shall make all commercially reasonable efforts to ensure that the Site /App is accessible at all times, however the User acknowledges and agrees that DOT may discontinue or suspend providing the Services (or any features within the Services) to the User or to users generally at its sole discretion, without prior notice. The User may at any time stop using the Services and is under no obligation to inform DOT of the same.
  • The User further acknowledges that the Site / App may be unavailable from time to time for any reason including, without limitation, routine maintenance. The User understands and accepts that due to circumstances both within and outside of the control of DOT access to the Site / App may be interrupted, suspended or terminated from time to time.
  • The Conditions apply to any and all use inter-alia, access, download, browsing, etc of the App/Site by a Customer. By using, accessing, downloading, etc the Site/App, the Customer signifies their acceptance to these Conditions in full and agrees to be bound by them.
  • DOT reserves the right to add, vary or amend any of these terms and conditions at any time, without intimation / notice and the customers shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at the Site or the App on the date that company may indicate that such addition, variation or amendment is to come into effect. Any modification to the App, Site, Services or Conditions will take effect as soon as such changes are published on the App / Site.
  • Customer acknowledges that DOT relies completely on the information provided by Customer and DOT shall not be held liable if Customer or anyone who uses the Customer’s Account to access the Services on the Application is not Eligible to use the same.

IV. USE OF THE SERVICE

  • User Account and Accuracy of Information In order to use the Services each Customer must create a User Account and agrees to provide any personal information requested by DOT. In particular, Customer will be required to provide their first name, last name, age, title, gender, valid telephone number and Email ID.
  • Use of the Site is limited to those over the age of 18 years at the time of registration.
  • Customer agrees and accepts that all of the information they provide to DOT when setting up their User Account and at any other time shall be true, correct, complete and accurate in all respects. Customer also agrees that any information supplied to DOT or posted on the App/ Site in connection with any Trip or Vehicle will be true, accurate and complete.
  • The User hereby provides its consent to DOT, that all sensitive personal information that the User submits may be processed by DOT in the manner and for the purposes of this Agreement. DOT may transfer and store on its servers the information provided by the User at the time of registration or otherwise, and such information may be accessed by the staff, subsidiaries and third parties (that process information such as, process credit card payments and provide support services including but not limited to Restaurants / merchants), who act for DOT or otherwise for the purpose of this Agreement. The User by submitting its personal data, agrees to this transfer, storing or processing. DOT will take all steps reasonably necessary to ensure that the User data is treated securely and in accordance with DOT’s standard privacy policy.
  • The User further permits DOT to allow selected third parties, including marketing and advertising companies, DOT’s affiliates and associates, to contact the User occasionally about services that may be of User’s interest. They may contact the User by telephone, SMS as well as by e-mail. If the User does not want to be contacted by these companies in the future, the User may simply chose the option of unsubscribe available on the Site / App and/or by amending the User profile accordingly and/or writing to DOT.
  • Customer agrees and understands that DOT does not undertake any verification to confirm the accuracy of any information provided by the Customer on the App/ Site or to a Rider, as the case maybe. DOT will not be liable to any Customer in the event that any information provided by any Customer is false, incomplete, inaccurate, misleading or fraudulent.
  • Unless expressly agreed by DOT, Customer is limited to one User Account per Customer. No User Account may be created on behalf of or in order to impersonate another person.
  • The User agrees to access the Site / App and / or use the Services only for purposes that are permitted by (a) the terms prescribed by DOT from time to time and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  • The User agrees to use the data owned or otherwise provided on the Site or App by DOT only for personal purposes and not for any commercial use unless agreed to with DOT in writing. The right to use the data is a license only, not a transfer of title, and is subject to the following restrictions:
  1. The data may not be used for any commercial purpose or public display, performance, sale or rental;
  2. No copyright or other proprietary notices may be removed;
  3. The data may not be transferred to another person;
  4. Software may not be interfered with in any manner;
  5. Every person downloading, reproducing or otherwise using the data must prevent any unauthorized copying of the data;
  6. The User will only use the data for lawful purposes and in accordance with these conditions.
  7. In addition, the User agrees that he / her will not use robot, spider, other automatic device, or manual process to monitor or copy DOT’s web pages or the content contained herein, without the prior written consent of DOT (such content is deemed given for standard search engine technology employed by internet search web sites to direct internet users to the Site).
  • The User agrees that he /she shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. DOT shall not be liable for any damages to the User’s equipment resulting from the use of this Site / App.
  • The User permits DOT to collect its information, including but not limited to trends, statistics, usage of the website/app, and all such other data, excluding sensitive personal data or such other data prohibited by law to be collected, unless expressly excluded herein. The said data may be transferred by DOT to third parties and the user grants permission for the same.
  • The customer acknowledges that the App/Site may use the location of the Customer in order to provide the Services offered by DOT. The Customer hereby consents to such use by DOT. The Customer further agrees that accuracy of location is essential for the performance of Services under this Agreement.

V. COMMERCIAL ACTIVITY, SERVICES AND STATUS OF DOT
  • The Customer shall specify the details inter-alia, that the request is for an immediate pickup, informs DOT of any special requirements etc. It shall also inform the Company that it meets the conditions required for accessing certain specific services offered, so that it can subscribe to them, and must provide proof thereof before placing any order as desired by us from time to time.
  • The Company will then immediately verify the number of bike taxis available in both the requested and neighbouring sectors. If a bike taxi is available, DOT informs the Customer of the estimated arrival time, depending on bike taxi availability. On the basis of this information, the Customer may, if it wishes, either confirm or cancel the request. In the case of confirmation DOT will then search for a bike taxi and immediately send an electronic acknowledgement of receipt to the Customer.
  • If the request is made by telephone and if the Customer is put on hold to await confirmation and hangs up for any reason whatsoever before confirmation, the request will be automatically cancelled. Otherwise, oral confirmation is given to the Customer together with an estimated arrival time.
  • DOT shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of bike taxi service offered by DOT or due to the failure of DOT to provide services to the Customer for any reason whatsoever or otherwise including but not limited to the Customer's non-compliance with the services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of DOT or any person or any organization involved in the above mentioned systems.
  • Without prejudice to the above, DOT shall not be liable for any direct or indirect loss or damage which may be suffered by the Customer as a result of any failure by DOT to provide a bike taxi to the Customer within any stipulated time even if DOT has agreed to so provide the bike taxi or even if the Customer has advised DOT of the possibility that any such loss or damage would result if the bike taxi is not provided at all or within the stipulated time.

VI. TYPES OF BOOKING AND PAYMENT
  • The Customer shall pay bike taxi fare as informed by the call centre or as communicated by the Rider or per the fare charges as available in DOT. The customer acknowledges that the charges are subject to revision without notice and the decision qua the charges payable as communicated by the Rider/DOT shall be final and binding. The customer shall pay the bike taxi fare (as displayed in the meter), additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the bike taxi services. The Customer agrees and acknowledges that the use of the services offered by DOT is at the sole risk of the Customer and that DOT 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.
  • As between you and DOT, DOT reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the App / Site at any time in DOT’s sole discretion. DOT may use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. DOT may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the App/Site, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
  • The Rider shall wait only for 2 (Two) minutes for the Customer at the pick up location. If the customer does not board within 2 (Two) minutes, then the Rider may cancel the trip and leave the pick-up location.
  • Verification of Phone Number: In order to increase trustworthiness, prevent typos and wrong numbers, any Customer can verify their mobile number. The Customer may do this by providing DOT with their mobile phone number, after which the Customer will receive a SMS with a 4-digit code which can be validated on the Site. This service is free of charge, except for the possible cost levied by a Customer’s mobile phone operator for receiving the SMS.
  • You may cancel the booking as early possible prior to the boarding of the Vehicle and commencement of the Ride, without any cancellation charges. 

VII. RIGHTS AND OBLIGATIONS: DO’S AND DON’T’S

  • A booking can be made only through the App / Site. You understand and undertake that the use of the App/Site is only for Your personal purpose.
  • You shall not be allowed to book trips on behalf of other. You shall not use the Service for emergency hospital visits when You are in a condition of serious ill health or in any other case of emergency or urgency or any other situation of a similar nature. In the event that You choose to do so, You do so against the provisions of these Agreement, and acknowledge that DOT shall have no obligation in this regard.
  • You may use the Service for airport, railway station drops, but You are best advised not to use the Service for the same. In the event that You choose to do so, You acknowledge that DOT shall have no obligation in this regard.
  • You are required to ensure that the Vehicle assigned to You in the manner provided in the Agreement bears the same registration number and the registration details specified to You through the App/Site and/or SMS. You shall not be allowed to exchange seats with Customer who are assigned a seat on a different Vehicle.
  • You represent to DOT that while using the Service and during Your journey on the Vehicle, You shall (a) behave in a disciplined and decent manner; (b) refrain from disturbing, misbehaving with, or in any other manner adversely affecting the quality of the journey and the rider (c) wear necessary headgear/helmet.
  • No change in drop location shall be allowed once DOT confirms the booking.
  • You shall ensure that:
  1. You report promptly on time at the pickup location;
  2. You avoid talking loudly over the phone;
  3. You do not use foul language on the Vehicle;
  4. You do not share Your personal information with the Rider.
  5.  You maintain decorum and refrain from indulging in heated discussions or debate(s) with Rider;
  6. You avoid getting personal or over friendly with the Rider.
  7. You keep Your belongings with You and are entirely responsible for the same;
  8. You do not indulge in any inappropriate behavior, verbal or otherwise, with the Rider

VIII. Disclaimer Of Liability/Warranty
  • Customer may access the Services on the App/Site at their own risk and using their best and prudent judgment before availing the services through the Site/App. DOT will neither be liable nor responsible for any actions or inactions of Customer / Rider / Third Party nor any breach of conditions, representations or warranties by the aforesaid. DOT hereby expressly disclaims any and all responsibility and liability in arising out of the use of the Site/App. Your use of the Service is at Your sole risk.
  • The information contained in this Site / App is for general information purposes only. The information is provided by DOT and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Through this Site/ App you are able to link to other websites which are not under the control of DOT. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
  • In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use / access/ browsing / surfing etc of this Site /App.
  • Every effort is made to keep the Site / App up and running smoothly. However, DOT takes no responsibility for, and will not be liable for, the Site / App being temporarily unavailable due to technical issues beyond our control.
  • DOT expressly disclaims any warranties or representations (express or implied) in respect of Trips, accuracy, reliability and completeness of information provided on the Site. While DOT will take precautions to avoid inaccuracies in content of the Site / App, all content and information, are provided on an “as is” and “where is basis”, without warranty of any kind. DOT does not implicitly or explicitly support or endorse any of the Customer availing Services from the Site.
  • The Site / App is made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
  • DOT does not give any warranty that the Services or the Site/App are free from viruses or anything else which may have a harmful effect on any technology owned or being used by the User.
  • This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The User specifically acknowledges that DOT is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
  • DOT shall not be liable for any loss or damage arising as a result of:
  1. A false, misleading, inaccurate or incomplete information being provided by a Customer / Third Party;
  2. DOT will not be liable to any Customer for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the services provided by DOT (whether suffered or incurred as a result of the DOT’s negligence or otherwise).

IX. LINKS TO OTHER WEBSITES
  • The Site / App may provide links to third-party web sites ("Third-Party Web sites"). This Agreement governs only the Site / App and not any Third-Party Web sites. The DOT's decision to link to a Third-Party Web site is not an endorsement of the content or services in that linked Third-Party Web site. DOT may not own or operate the Third-Party Web site, and it has not reviewed, and is under no obligation to review, all of the material, including goods or services, made available through Third-Party Web sites. DOT expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Web sites.
  • The User acknowledges and agrees that DOT is not liable for any loss or damage which may be incurred by the User as a result of the availability of those external sites or resources, or as a result of any reliance placed by the User on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

X. INDEMNITY
  • Customer will indemnify and hold harmless DOT, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising due to your acts or omissions, or out of your breach of these Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
  • Customer release DOT and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Customer and specifically waives any claims or demands that they may have in this behalf under any statute, contract or otherwise.
  • Your sole and exclusive remedy for any disputes with us is the cancellation of your account with the site. In no event shall DOT be liable for any special, incidental, indirect or consequential damages of any kind in connection with this agreement, even if we have been informed in advance of the possibility of such damages. 

XI. LIMITATION OF LIABILITY
Subject to overall provision paraphrased herein, the User expressly understands and agrees that DOT, its subsidiaries and affiliates shall not be liable to the User for:
  • Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by the User, however caused and under any theory of liability. This shall include, but not be limited to, damage, injury, accident, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute Services or other intangible loss
  •  DOT disclaims any liability for any loss or damage which may be incurred by the User, including but not limited to loss or damage as a result of any reliance placed by the User on the completeness, accuracy or existence of any information on the Site / App, or any image posted or any content uploaded, or using the products or services provided by the DOT or relying upon the DOT information, advertising, or as a result of any relationship or transaction between the User and any advertiser or sponsor or third party whose advertising or information appears on the Services or Site/app or any unclaimed property or liability arising from any unredeemed coupons.
  • It is clarified that DOT is only a facilitator and acts as a platform for the interaction between the User and the Rider, and cannot, in any circumstance, be held liable for any loss whatsoever on any account, incurred by the User, after availing any benefit or accessing from the DOT website/app.
  • The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the User’s use of the services.
  • User’s failure to provide DOT with accurate account information.
  • User’s failure to keep his / her password or account details secure and confidential.
  • In the event DOT has a reasonable belief that there exists an abuse of vouchers and/or discount codes or suspects an instance of fraud, DOT may cause the Consumer to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, DOT reserves the right to seek compensation from any and all such Consumers.
  • DOT shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of bike taxi service offered by DOT or due to the failure of DOT to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of DOT or any person or any organization involved in the above mentioned systems.
  • Subject to the aforementioned, DOT’s aggregate liability arising out of or in connection with the contract, whether based on contract, tort, statutory warranty or otherwise, shall in no event exceed a sum of Rupees 1000. The limitations on DOT's liability under this section, shall apply whether or not DOT has been advised of or should have been aware of the possibility of any such losses arising. Notwithstanding anything to the contrary the user agrees that the user’s sole and exclusive remedy for any dispute with DOT is to discontinue user’s use of the site. Notwithstanding anything to the contrary the Customer shall not hold liable DOT for any loss, accident, injury, mishap or otherwise caused due to availing the services of DOT.

XII. USE OF SITE
“User Content” means any content, including but not limited to any text, images, photos, audio, video, suggestions, remarks, graphics, and all other forms of data or communication that a User provides or submits to DOT or our affiliates (on the Site / App) in any way including social media, Facebook, survey responses and ratings and reviews. User Content does not include any content of DOT. As between the User and DOT, subject to any licenses and rights expressly granted herein, any User Content posted by the User is owned by the User. By access to this Site /App, the User acknowledges that he / she is responsible for whatever material he / she submits, and the User, not DOT, shall have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. DOT does not warrant or make any representation regarding the use of the materials contained in this Site / App in terms of correctness, accuracy, reliability or otherwise. The material in this Site /App may include technical inaccuracies or typographical errors, and DOT may make changes or improvements at any time.

You agree, undertake and confirm that Your use of Site shall be strictly governed by the following binding principles:
  • You shall not host, display, upload, modify, publish, transmit, update or share any information that:
  • belongs to another person and to which You do not have any right to; or interferes with another user's use and enjoyment of the Site or Services;
  • or that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person; or
  • misleading in any way; or
  • is patently offensive to the online community, such as sexually explicit Content (as defined hereinafter), or Content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or
  • infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
  • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;or
  • provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses; or contains video, photographs, or images of another person without his or her express or written consent and permission or the permission or the consent of his her guardian in the case of minor; or
  • tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable codes of conduct and end user access and license agreements) to the Site or to profiles, blogs, communities, account information, bulletins, or other areas of the Site or solicits passwords or personal identifying information from other users; or
  • engages in commercial activities and/or sales on or related to the Site, without Our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items. Throughout these Agreement, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the proposed activity or conduct for which You seek authorization; or
  • refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Site, contains Content that is prohibited under these Agreement or violates the letter or spirit of these Agreement; or harms minors in any way; or
  • is fraudulent or involve the sale of counterfeit or stolen items; or
  • violates any law for the time being in force or any DOT policies, as updated from time to time; or deceives or misleads the users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or impersonates another person; or
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site; or
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
  • is false, inaccurate or misleading; or
  • directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Laws, rule, regulation or guideline for the time being in force; or
  • Creates liability for Us or causes Us to lose (in whole or in part) the services of Our ISPs or other suppliers.
  • License to DOT: the User is solely responsible for his / her User Content. By providing User Content the User hereby grants, and represents, and warrants that the User has all rights and authority necessary to grant,
            i. DOT and its affiliates, a perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully sub licensable, fully paid-up, worldwide license and right to use, modify, copy, reproduce, publish, distribute, publically perform or display, adapt, translate, create derivative works, archive, store, upload, share, post, sublicense, or otherwise make available, such User Content in any form and through any media of any kind now known or later developed, for any purpose, with or without attribution, and
            ii. subject to the restrictions set forth, all users a perpetual, irrevocable, non-exclusive, royalty-free license and right to use, such User Content for each such user’s personal, non-commercial use. The User hereby irrevocably waives and assigns to DOT any and all moral rights the User may have in or with respect to any User Content provided to DOT by the User.
            iii. All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to DOT by the User; or (ii) in response to solicitations by DOT regarding the Service or the Site / App; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain the property of DOT and the User hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. The User understands and acknowledges that DOT has both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that DOT is only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and DOT assumes no obligation, express or implied by considering it. Without limitation, DOT shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
           iv. The User further agree that User’s disclosure of User Content is non-propriety and non confidential and does not establish a confidential relationship with DOT or obligate DOT to treat the User Content as confidential.

XIII. MISCELLANEOUS

Relationship
No arrangement between the Customers and DOT shall constitute or be deemed to constitute an agency, partnership, joint venture or the like between the Customers and DOT.

Suspension or Withdrawal of Site Access
In the event of non-compliance on your part with all or some of the Conditions, you acknowledge and accept that DOT can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or your access to the Site (including in particular your User Account).

Termination and expiry of the account
We reserve the right to modify, terminate or suspend Services to You at any time without prior notice due to any changes in internal policy or the Applicable Laws or any breach of these Agreement / Agreement by You or for any reason whatsoever. You can stop using the Application and/or terminate Your Account by submitting a request to Us at  __info@gowithdot.com______________. We will make every effort to respond to Your request for termination at the earliest. You will remain responsible for all Transactions that occurred prior to termination of Your Account.

Intellectual Property
All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (whether registered or unregistered) in the Site / App and / or Service, information content on the Site / App or accessed as part of the Service, any database operated by DOT and all the Site / App design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the property of DOT (or that of DOT licensors). The User shall not, and / or shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.

All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to DOT) which appear on the Site/App.

The Site/App or any portion of the Site/App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of DOT. No person is entitled to systematically extract and/or re-utilise parts of the contents of the Site without the express written consent of DOT. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Site is strictly prohibited.

All rights (including goodwill and, where relevant, trade marks) in DOT name are owned by DOT (or DOT licensors). Other products and company names mentioned on the Site are the trademarks or registered trademarks of their respective owners

You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site.

Notices and Communication
Any notice or notification in relation to these Agreement which You wish to make to Us must be made in writing to:
Attn: _____Management________
Address: 307, Spazedge, Tower A, Sector 47, Sohna Road, Gurgaon 122002_________________________
E-mail: _____info@gowithdot.com__________________
All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.You will be also subject to Our privacy policy

Force Majeure
We shall not be liable for any failure to perform any obligations under this Agreement, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.

Waiver
Our failure, delay or omission to exercise or enforce any rights or provisions of these Agreement will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or Agreement should be filed within 1 (one) month from when the first cause of action arose. Any claims filed beyond this time period shall be barred and you specifically waive your right to raise any claim qua the same.

Customer Grievance Redressal Policy
If You are not satisfied with the quality of Service(s) offered or have any other complaints or grievance, please contact Our customer care at ____info@gowithdot.com_____

The procedure of escalation of complaints shall be as follows:
Escalation Level – 1:
Write to Team DOT
Address: __307, Spazedge, Tower A, Sector 47, Sohna Road, Gurgaon 122002____________
E-mail: _____info@gowithdot.com__________
Response Time: 72 hours (Approx.)

We shall endeavor to respond to all complaints lodged with us, within 72 (seventy two) hours through emails, telephone calls, personal visits, etc. and shall redress your grievance expeditiously. Severability If any part of these Agreement is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Agreement will continue in effect. Law and Jurisdiction Any dispute, controversy or claim arising out of or relating to this Agreement or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation at such offices of DOT as DOT may designate. If the Dispute is not settled amicably as aforesaid within a period of 14 (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator Sh. Palav Mongia. The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be New Delhi. This Agreement shall be governed by and construed in accordance with the laws of India and, subject to this Clause, We and You agree and undertake that any controversy or claim arising out of or relating to these Agreement will be adjudicated exclusively before a competent court in New Delhi, India only.