Terms & Conditions

Updates, driver highlights, and city mobility trends.

Terms & Conditions

1. LEGAL AGREEMENT

1.1 These terms and conditions of use (“Terms of Use”) govern the use and access of Electronic Media and availing of the Services (defined below) on the Electronic Media; and constitutes a legal agreement (“Agreement”) between the Company, and you/yourself/yourselves (“User(s)”). If you continue to use and/or access registration or avail the Services offered by “POSTILION Mobility Technologies Private Limited” or of its platform “OK2GO” and browse the Electronic Media, you are agreeing to comply with and be bound by the Terms of Use.

1.2 In addition to the aforementioned, your use and access to the Electronic Media and the services provided by us through the Electronic Media, is subject to the guidelines, rules, privacy policy, terms, conditions and/or other applicable policies and procedures (“Company Policies”) applicable to such Service, which shall be posted on the Electronic Media from time to time. Unless otherwise provided for in any specific Company Policy, the Company Policies shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of hereof. Therefore, by impliedly or expressly agreeing to be bound by the Terms of Use, you also agree to be bound by the Company Policies, as may be updated, amended or revised from time to time. (GOVERNED BY APPROPRIATE LAW IN FORCE)

1.3 If you do not agree with the Terms of Use, please do not access and use the Electronic Media related to the Company or our Service (defined later) through all other means.

1.4 OK2GO reserves the right, to modify or replace, in part or full, any of these Terms of Use, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Electronic Media at any time.

1.5 OK2GO shall not be required to notify the User of any changes made to these Terms of Use. The revised Terms of Use shall be made available on the Electronic Media. The User is requested to visit the Website and/or Application to view the most current Terms of Use. The User can determine when OK2GO last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be User’s responsibility to check these Terms of Use periodically for changes. OK2GO may require the User to provide User’s consent to the updated Terms of Use in a specified manner prior to any further use of the Electronic Media and the Services. If no such separate consent is sought, User’s continued use of the Electronic Media, following the changes to the Terms of Use, will constitute User’s acceptance of those changes. User’s use of the Electronic Media and the Services is subject to the most current version of the Terms of Use made available on the Electronic Media at the time of such use.

2. USE OF ELECTRONIC MEDIA

2.1 The User agrees, undertakes and confirms that User’s use of Electronic Media shall be strictly governed by the following binding principles:

2.1.1 With respect to your use of OK2GO and your participation in the Services, you agree that, while on the Application or otherwise using the Service, you will not:

A) Fraudulently impersonate any person or entity;
B) Stalk, threaten, or otherwise harass any person, or carry any weapons;
C) Violate any law, statute, ordinance or regulation;
D) Interfere with or disrupt the Services or the servers or networks connected to OK2GO;
E) Post Information or interact on OK2GO App or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
F) Use the OK2GO App or Service in any way that infringes any third party’s rights, including but not limited to intellectual property rights, copyright, patent, trademark, trade secret or rights of publicity or privacy;
G) Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any system or data;
H) Forge headers or otherwise manipulate identifiers;
I) Modify, adapt, translate, reverse engineer, decipher, decompile or disassemble any software;
J) Rent, lease, lend, sell, redistribute, license or sublicense OK2GO;
K) Use robots, spiders, scraping or data mining tools;
L) Create liability or regulatory exposure as a transportation provider;
M) Link directly or indirectly to other websites;
N) Transfer or sell User account or credentials;
O) Cause any third party to engage in restricted activities.

2.1.2 The User shall not make any negative, denigrating or defamatory statements about OK2GO, its brand, services, trade name or goodwill.

2.1.3 OK2GO may disclose User information to comply with law enforcement or legal obligations.

2.1.4 OK2GO shall not be responsible for misuse of personal information publicly disclosed by Users.

2.1.5 OK2GO shall have all rights to take necessary action for hindrance in provision of Services.

2.1.14 OK2GO may provide User details to regulators, police or other authorities at its discretion.

3. DEFINITIONS

“Account” shall mean the account created by the User on the Electronic Media for availing the Services provided by the Company.

“Applicable Law(s)” shall mean and include all applicable laws, rules, regulations and orders of courts or authorities of India.

“Application” shall mean the mobile application of “OK2GO” updated by the Company from time to time.

“OK2GO” or “us” or “we” or “our” shall mean OK2GO Private Limited, a company incorporated under the Companies Act, 2013.

“City of Operation” shall mean a city in which the Users avail transportation Services.

“Driver(s)” shall mean independent service providers registered on OK2GO.

“Force Majeure Event” shall mean any event beyond reasonable control of the Company.

“Registration Data” shall mean valid registration information provided by the User.

“Ride” shall mean the travel in the Vehicle facilitated through Electronic Media.

“Service(s)” shall mean the technology platform services facilitating transportation between Users and Drivers.

“Total Ride Fee” shall mean the aggregate amount payable for transportation services.

“User / You” means a person who has an Account.

“Vehicle” shall mean four-wheeler automobile as defined under the Motor Vehicles Act, 1988.

“Website” shall mean the Application or domain operated by the Company.

“Waiting Fee” shall mean charges for excess waiting time.

“Electronic Media” shall mean both website and mobile application of OK2GO.

4. REGISTRATION AND ACCOUNT

4.1 The User hereby understands and acknowledges that he/she must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18 years), to obtain an account. The Service is not available for use by persons under the age of 18 years. You shall not authorize third parties to use your account. You shall not allow persons under the age of 18 years to receive transportation or logistics services from the drivers.

4.2 The User shall ensure that the Registration Data provided by him/her in the Account is accurate, complete, current, valid and true and is updated from time to time. The Company shall bear no liability for false, incomplete, old or incorrect Registration Data provided by the User.

4.3 The User is solely responsible for maintaining the confidentiality of his/her Registration Data and will be liable for all activities and transactions that occur through the User’s Account, whether initiated by the User or any third party. It has been agreed that the User shall not authorize any third parties to use his/her Account, and may not allow any persons under the age of 18 to receive transportation services from Third Party Providers unless they are accompanied by the User himself/herself. The User’s Account cannot be transferred or assigned to a third party. The Company shall not be liable for any third-party claim with respect to any loss that the User may have incurred as a result of someone else using the User’s password or Account, either with or without User’s knowledge or any third party have incurred upon usage of Services provided by OK2GO through the User’s account, whether with or without User’s knowledge.

4.4 The Company reserves the right to suspend or terminate User’s Account with immediate effect and for an indefinite period, if the Company has a reason to believe that the Registration Data or any other data provided by the User is incorrect or false, or that the security of the User’s Account has been compromised in any way, or there is a breach of terms and conditions of these Terms of Use or upon any unauthorized use of User’s Account by any third party or for any other reason the User may find just or equitable.

4.5 It is the User’s responsibility to check and to ensure that the User downloads the correct application for his/her device. The Company shall not be liable if the User does not have a compatible mobile device or if the User downloads the wrong version of the Application for his/her mobile device.

4.6 The Company allows the User to open only one Account in association with the Registration Data provided by the Users. In case of any unauthorized use of the User’s Account please immediately inform the Company at the earliest.

4.7 In case, User is unable to access his/her Account, the User needs to inform the Company at the earliest and make a written request for blocking the User Account. The Company will not be liable for any unauthorized transactions made through the User’s Account prior to the expiry of 72 (seventy-two) hours after the User has made a request in writing for blocking the User Account, and shall not have any liability in case of a Force Majeure Event.

4.8 OK2GO reserves the right to modify, terminate or suspend the Services to the User at any time without prior notice due to any changes in internal policy or due to the Applicable Laws or any breach of these Terms of Use by the User or for any reason whatsoever. The User may terminate his/her Account by submitting a request to OK2GO at their email address. However, in either case, all previous service requests shall stand voided, and no refund or Service-related deliverable shall be provided. OK2GO will make every effort to respond to the User’s request for termination at the earliest. However, the User will remain responsible for all the transactions that occurred prior to termination of User’s Account.

5. USER CONTENT

5.1 Except for the Registration Data or any other data provided, posted, uploaded or submitted by the User on the Electronic Media during the use of any of the service offered through the Electronic Media, the Company does not want the User to, and the User should not, send any confidential or proprietary information to the Company on the Electronic Media or otherwise, unless otherwise is required by Applicable Laws. In accepting these Terms of Use, the User agrees that any information or materials that the User or individuals acting on the User’s behalf provide to the Company through the Electronic Media other than the aforementioned will not be considered confidential or proprietary.

5.2 OK2GO will be entitled to process and transfer User’s information as and when it deems fit and it may store or transfer user’s information in a server outside India or the country where the User is located in order to perform OK2GO’s obligations under this Terms of Use, Company Policies and governed by Applicable Laws.

5.3 The User agrees to grant OK2GO a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights which the User has in User’s information, in any media now known or not currently known, with respect to User’s information. THE USER AGREES AND PERMITS OK2GO TO SHARE USER’S INFORMATION WITH THIRD PARTIES IN ACCORDANCE WITH THE APPLICABLE LAWS AND PRIVACY POLICY.

5.4 Further, OK2GO shall store the information provided by the User including without limitation, the recordings of User’s calls between the Company’s executive and the User for their conversation regarding the Services of the Company or any/all Service-related matters. The User shall promptly inform OK2GO on any change in the information provided by the User to OK2GO in respect to the Services availed on the OK2GO platform.

5.5 OK2GO reserves the right, but have no obligation, to monitor the content posted or the programme content materials posted on the Electronic Media. OK2GO shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any Applicable Law or either the spirit or letter of these Terms of Use. Notwithstanding this right of OK2GO, User remains solely responsible for the content of the materials he/she may post on the Electronic Media and in the private messages (as applicable). Please be advised that such content posted does not necessarily reflect OK2GO’s views. In no event shall OK2GO assume or have any responsibility or liability for any content posted/shared or for any claims, damages or losses resulting from use of content and/or appearance of content on the Electronic Media. The User hereby represents and warrants that he/she has all necessary rights in and to all content the User provides and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

6. PRIVACY

6.1 You agree and consent to OK2GO using and processing your Personal Data for the purposes and in the manner as identified hereunder.

6.2 For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, address, telephone number, credit or debit card details, gender, date of birth, email address, any information about you which you have provided to OK2GO in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by OK2GO from time to time and includes sensitive Personal Information.

6.3 The provision of your Personal Data is voluntary. However, if you do not provide OK2GO with your Personal Data, your access to the Application may be incomplete and OK2GO will not be able to process your Personal Data for the purposes outlined in our Privacy Policy and this may cause OK2GO to be unable to allow you to use the Service.

6.4 You agree that OK2GO may send you push notifications and emails, contact you by telephone or text messages (including by an automatic telephone dialling system) at any of the phone numbers provided by you or on your behalf in connection with an OK2GO account, including for marketing purposes.

6.5 Collection and use of Personal Information in connection with the Services is described in OK2GO Privacy Policy.

7. SERVICES

7.1 The Electronic Media is a technological platform that enables and permits the Users to arrange, obtain and avail the transportation services offered by the Third-Party Providers through the Electronic Media. It has been agreed between the parties that upon booking of Services through the Electronic Media, the arrangement constitutes a separate and bilateral association between the User and the Drivers. It is hereby clarified that for the purpose of facilitation of interaction, communication and transaction between the driver and the User is an independent and separate transaction between such driver and User and Electronic Media is only acting as an intermediary service provider and/or facilitator for the purpose of facilitation of interaction, communication and transaction between the driver and the User; and hence, OK2GO shall not be liable and responsible for any and all liabilities, losses, claims and damages that may arise out of or in connection with the interaction, communication and transaction between the Third Party Provider and the User and the User agrees to hold harmless and indemnify OK2GO in this regard.

7.2 You hereby acknowledge and agree that drivers are not the employees, agents, representatives, contractors, advisers, staff members of the Company and the Company has no responsibility for any act, omission, advice, service, representation, etc. of any such driver. As further described in this Terms of Use, the Company makes no representation, warranty or guarantee whatsoever as to (a) the availability of the drivers; (b) the accuracy of the representations made or the information posted on the Electronic Media by the drivers; (c) the accuracy of the information exchanged between the driver and user and the accuracy of the information posted on the Electronic Media by the driver and the User; (d) the quality, nature, usefulness, relevance, accuracy of the services provided by the driver.

7.3 The Service allows You to send a request through OK2GO Electronic Media to a Driver/Third Party Provider on the OK2GO network. The Driver has the discretion to accept or reject each request for the Service. If the Driver accepts a request, OK2GO notifies the User and provides information regarding the Driver – including Driver’s name, Vehicle license number, telephone contact details of the Driver and such other details as the Company may determine.

7.4 The Company shall procure reasonable efforts to bring the User into contact with a Driver, subject to the availability of a Driver in or around User’s location at the moment of User’s request for such Services.

7.5 By using the Application or the Service, the User further agrees that:

7.5.1 The User will only use the Service or download the Application for his/her sole, personal use and will not for commercial purposes resell or assign it to a third-party;

7.5.2 The User will not use an account that is subject to any rights of a person other than the User without appropriate authorization;

7.5.3 The User will not use the Service or the Electronic Media for unlawful purposes or carry any materials equipment or material that is prohibited under the Applicable Law or the use of which can be used for any illegal purposes/activities;

7.5.4 The User will not try to harm the Driver, Electronic Media or OK2GO’s network in any way whatsoever or cause any damage to the Vehicle;

7.5.5 The User will provide OK2GO with such information and documents which OK2GO may reasonably request;

7.5.6 The User will only use an authorized network to which it has access to for the purpose of availing service;

7.5.7 The User is aware that when requesting Services, whether by message, via Electronic Media or calling the call centre of OK2GO, standard messaging charges, data charges, voice charges, as applicable, for the User and/or User’s phone network service providers, will apply;

7.5.8 The User will comply with all Applicable Law from the User’s country of domicile and residence and the country, state and/or city in which the User is present while using the Electronic Media or Service;

7.5.9 The User is aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

7.5.10 The User will not, in his/her use of the Services, cause nuisance, annoyance, inconvenience, or property damage, to the Vehicle, Third-Party Provider or any other party. In certain instances, the User may be asked to provide proof of identity to access or use the Services, and the User agrees that the User may be denied access to or use of the Services if you refuse to provide proof of identity.

7.6 OK2GO reserves the right to immediately terminate the Service and the use of the Electronic Media in the event of non-compliance with any of the above requirements by the User.

7.7 The User is strictly prohibited from doing the following acts including without limitation: Smoking and/or drinking in the Vehicle, misbehaving with Driver, harass, slap, hurt, torture, extort, or assaulting the Driver in any manner, tear off any advertisement(s) material or promotional material placed in the Vehicle, disturb or distract the Driver while driving, make unnecessary noises, leave without paying, jump out of the Vehicle, abuse the Driver in any manner, doing acts which may harm the interiors of the Vehicle, causing fire in the Vehicle or doing any act in violation of the Applicable Laws.

7.8 In the event the User is found to be involved in the activities as set out above, the User shall be liable to pay a fine to OK2GO and OK2GO shall also have the right to terminate the Ride and/or User’s Account, immediately.

7.9 In the event User fails to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law for recovery of the fine or any amount due and payable by User on account of loss, damages, costs and expenses that are incurred by the Company and/or Third Party Providers arising out of/or in relation to the illegal or unauthorised use of services or any act and omission on the part of the User in complying the terms herein. The User shall also be blacklisted as a result of non-payment of the fine or misbehaving or causing the aforementioned acts, as the case may be, and in such event, User’s Account may be terminated by OK2GO.