THIS MEMBER AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND VOGO AUTOMOTIVE PVT LTD(BOTH TERMS DEFINED BELOW). THIS MEMBER AGREEMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP AND TRANSACTION BETWEEN USER AND VOGO.IN FOR THE USE OF THE SERVICES OFFERED THROUGH WEBSITE (DEFINED BELOW).
This Member Agreement on the website www.vogo.in and mobile application under the name of "VOGO is between VOGO AUTOMOTIVE PVT LTD India (hereinafter referred to as "VOGO.IN" or "Company" or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "Member" or "You" or "Your" or "Yourself" or "User") describe the terms on which VOGO.IN offers You the access to the Website and such other services as are incidental and ancillary thereto ("Services").
PLEASE READ THE TERMS OF MEMBER AGREEMENT FULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR AVAILING SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR AVAIL ANY SERVICES BEING OFFERED THROUGH THE WEBSITE. VOGO.IN RESERVES THE RIGHT TO CHANGE THE TERMS OF THIS MEMBER AGREEMENT FROM TIME TO TIME AND SHALL GIVE NOTICE OF SUCH CHANGES TO THE MEMBER IN A TIMELY MANNER. NOTICE TO THE MEMBERS SHALL BE CONSIDERED GIVEN WHEN SUCH NOTICE IS INDICATED AND ACCESSIBLE FROM THE FIRST PAGE ACCESSED AFTER THE MEMBER ENTERS IN TO VOGO.IN WEBSITE OR MOBILE APPLICATION OR BY EMAIL TO THE MEMBER'S EMAIL ADDRESS PROVIDED TO VOGO.IN IN THE MEMBER'S ACCOUNT CREATION OR MOST RECENTLY PROVIDED TO VOGO.IN, OR BY SMS TO THE MEMBER'S MOBILE NUMBER OR MOBILE NOTIFICATION ON THE MOBILE APPLICATION PROVIDED DURING THE ACCOUNT CREATION. MEMBER AGREES THAT THE AMENDED TERMS AND CONDITIONS OF THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING THE EARLIER OF (1) THE EFFECTIVE DATE INDICATED IN SUCH NOTICE; OR (2) ON THE DATE POSTED ON VOGO WEBSITE.
IT WILL BE PRESUMED THAT MEMBER HAS RECEIVED ANY SUCH NOTICE IF AND WHEN MEMBER MAKES A RESERVATION FOR A VOGO.IN VEHICLE AFTER NOTICE OF A CHANGE TO THIS AGREEMENT HAS BEEN PLACED ON VOGO.IN WEBSITE AND/OR DISTRIBUTED TO MEMBER BY EMAIL OR SMS OR MOBILE NOTIFICATION ON THE MOBILE APPLICATION. BY MAKING A RESERVATION AFTER RECEIVING NOTICE OF ANY CHANGES TO THE AGREEMENT, MEMBER ASSENTS TO AND WILL BE BOUND BY SUCH CHANGES TO THE AGREEMENT. MEMBER MAY DECLINE SUCH CHANGES BY DISCONTINUING TRIPS UNDER VOGO.IN'S MEMBER AGREEMENT.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND ANY OTHER DOCUMENT WITH RESPECT TO VOGO.IN'S OTHER PROGRAMMES, THESE TERMS AND CONDITIONS SHALL GOVERN EXCEPT OTHERWISE SET FORTH FROM VOGO.IN IN WRITING.
VOGO AUTOMOTIVE Private Limited is a company incorporated under the laws of India, with its registered office at No.9/21, 2nd Floor, Chakrapani Road Extn Maduvankarai, Guindy, Chennai - 32, India and having CIN: U34200TN2017PTC101106
2.1 Only active VOGO.IN Member in good standing, as decided solely by VOGO.IN, is allowed to drive VOGO.IN vehicles. Non-Member is expressly prohibited from driving a VOGO.IN vehicle at any time. Member holding effective driving license and approved by VOGO.IN, may drive a VOGO.IN vehicle that has been reserved by another VOGO.IN Member with the permission of the Member having vehicleried out the reservation; however, all fees and charges shall be determined in accordance with, and be the responsibility of, the reserving Member while any liability and/or claim arising out of such usage shall be that of all such participant Members. Notwithstanding, anything contrary contained in this Member Agreement, the Member booking the ride must ensure that any other person having effective driving license drives VOGO.IN vehicle only with the prior consent of VOGO.IN, failing which Member originally booking the vehicle shall be solely liable to indemnify VOGO.IN without any limitation for any loss suffered by VOGO.IN.
2.2 Satisfying eligibility criteria required to become a VOGO.IN Member does not automatically give an applicant the right to become a VOGO.IN Member. Acceptance of the applicant's membership is subject to approval by VOGO.IN at its sole discretion.
2.3 Should any Member's driving license expire or be revoked, authorization to drive VOGO.IN vehicles shall expire immediately. VOGO.IN shall be notified of such expiry or revocation by the Member by email forthwith upon such expiry or revocation.
2.4 By applying for membership, each applicant authorizes VOGO.IN and VOGO.IN reserves the right on its sole discretion to obtain his/her driving records from the jurisdiction in which the applicant is licensed. Because driving a VOGO.IN vehicle requires maintaining a good driving record, VOGO.IN may periodically check Member's driving records and reserves the right, at its sole discretion, to suspend or terminate the Membership of any Member, who does not meet VOGO.IN's driving eligibility requirements. Member agrees to promptly report to VOGO.IN any suspension or revocation of his/her driving license, or any tickets/citations/conviction related to any traffic violation including but not limited to driving under the influence of drugs or alcohol, driving while intoxicated, reckless driving, exceeding the speed limit, or sending an SMS/talking on phone while driving.
2.5 Member is responsible for providing and maintaining current email, cell phone, residential address (current/temporary and permanent), and other account information with VOGO.IN. Member further warrants that information provided to VOGO.IN shall be absolutely correct and is bound to inform to VOGO.IN promptly, if any change occurs in the information provided earlier including but not limited to residential address.
2.6 Member is responsible for keeping any VOGO.IN related password and/or PIN numbers in strict confidence and to not make passwords or PINs available to third-parties, should a PIN or password be reduced to written or electronic form, the Member will be responsible for any associated costs and/or damages in connection with unauthorized use by third-parties. If a Member has reason to believe a third-party may have obtained unauthorized knowledge of a password and/or PIN, Member agrees to change the compromised password and/or PIN instantly.
3.1 The use of a VOGO.IN vehicle under the following conditions is prohibited:
3.2 The foregoing examples are not intended to be an exhaustive list. Any unreasonable, unwarranted, illegal, unethical or inappropriate use of a VOGO.IN vehicle except the personal use for travel, as determined by VOGO.IN in its sole discretion, may be deemed a violation of these terms and conditions. VOGO.IN may report to the authorities any use of a VOGO.IN vehicle or other activities that are in violation of local, state, and/or national law or in violation of these terms and conditions.
3.3 VOGO.IN may immediately suspend or terminate the use of its Service by any Member for a violation of any of the terms and conditions of Member Agreement. Upon suspension or termination, any existing reservations for the Member may be cancelled by VOGO.IN at its sole discretion. In addition, Member will be absolutely responsible for any and all, losses, damages (direct/indirect), costs, charges, fees and expenses incurred by VOGO.IN, as a result of a breach of any of these terms and conditions and Member unconditionally and irrevocably agrees that VOGO.IN reserves the right to pursue the remedial action to recover the losses/damages suffered by VOGO.IN from Member's property including but not limited to his/her legal heirs/representative's properties.
3.4 Vehicles cannot be used for commercial purposes or ridden outside the state of registration of the vehicle.
4.1 Reservation is required for all potential booking. Member must always reserve a vehicle in advance of use and will be billed for usage fees at the time of reservation. Member is required to fulfil the below mentioned conditions at the time of taking the possession of the Vehicle for scheduled ride/trip:
Member shall be held solely responsible, if any of the above conditions are not being completed successfully at the time when possession of vehicle was supposed to be taken by Member and VOGO.IN reserves the right not to handover the possession of Vehicle. Consequently, the booking will stand completed without any further onus of VOGO.IN to refund or return the booking amount.
4.2 If You wish to cancel a reservation or shorten the period for which a vehicle has been reserved, You must do so in advance, in pursuance of the Fee Policy.
4.3 If You wish to extend a reservation, You may do so only if following conditions are fulfilled:
In case, any of the above conditions are missing after the expiry of the booking (initial or immediate prior) then You will be deemed to possess the vehicle without authorisation and must hand over the Vehicle to VOGO.IN's parking or its representative without fail/ delay. A delay beyond one hour from the expected handover time of vehicle or after the expiry of booking as the case may be, will be making You the guilty of breach of trust and Your involvement in theft of Vehicle would be presumed without any doubt.
4.4 In the event Your reservation is not extended successfully (even if You have put in a request for extending the reservation but which has not been confirmed or has been denied by VOGO.IN for any reason) and You do not return the vehicle to the correct and designated VOGO.IN space by the end time of Your reservation, VOGO.IN reserves the right to initiate the criminal proceedings against You and simultaneously will make all reasonable efforts to take possession of the vehicle from You immediately or any time thereafter, and at any location
For the avoidance of doubt,
5.1 You must pick up the selected vehicle at its designated VOGO.IN parking space and return it secured, clean, and in good working order, to the correct and designated VOGO.IN space by no later than the end time of Your reservation.
5.2 Prior to taking possession of a vehicle, You must do an exterior walk-around and an interior look-over. Before driving the vehicle, You must advise VOGO.IN of any damage or abnormality encountered on the vehicle or in the operation of the vehicle. If VOGO.IN is not notified of a problem at the start of a reservation, You will be deemed to be responsible for any problem with the vehicle discovered or reported after Your reservation, including, without limitation, damage to the vehicle or lack of cleanliness. You may be charged a damage fee, a cleaning fee, or other applicable fees, and VOGO.IN may suspend, or may even terminate Your membership.
5.3 You must leave all the original documents including but not limited to registration certificate, insurance policy, tax payment challans, self-drive licenses, pollution clearance certificates, vehicle's key, key fob, or other starting device to the vehicle in its designated position in the vehicle at the conclusion of Your reservation. You must advise VOGO.IN immediately if You fail to leave the original documents mentioned hereinabove, key/fob/starting device, parking pass, or toll payment pass (if applicable in the vehicle.) and this causes inconvenience to VOGO.IN or another Member, You will be charged the hourly rate for the vehicle until the, original documents, key/key fob/starting device/parking pass/toll payment pass is returned safely to VOGO.IN and You will remain responsible for the payment of charges against the usage of the vehicle during such period. You may also be charged a fee at VOGO.IN's sole discretion to replace any of the items missing from the vehicle.
5.4 The end of the trip is being confirmed by either a) specific completion of closing checklist at the end of trip; or b) an SMS message to VOGO.IN's provided number to notify of such intent; or c) by unwarranted breakdown/accident of the vehicle.
5.5 Reserving Member is responsible for all charges and costs incurred related to VOGO.IN vehicle for the entire period of the reservation and until the vehicle is returned, secured, closed, locked and serviceable (all accessories off, key out of ignition and in proper place,toll payment pass and parking pass and other accessories in the vehicle) to its designated location. VOGO.IN vehicles must be returned no later than the end time of the reservation and the Member scheduled trip/ride comes to an end automatically and will be governed as per the provisions of clause 4.3 above if extension is sought.
5.6 Member is required to report to VOGO.IN immediately any condition that impairs the driving functionality of the vehicle, such as poor driving feel or external or internal damage that renders the vehicle unsafe, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors.
5.7 Notwithstanding anything contrary contained under this policy, any damage caused to vehicle/VOGO.IN because of Your wilful misconduct or gross negligence, during such time when the vehicle is not in motion, will attract charges/fees as per the sole discretion of VOGO.IN.
5.8 Stolen vehicles or any accidental incidents must be immediately reported to VOGO.IN and the nearest police station with a detailed written complaint based on actual facts. Member shall ensure that such complaint shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claim by VOGO.IN. The Member will be solely liable without any demur, for any loss due to a discrepant, inconsistent or distorted complaint or information by the Member.
6.1 Seat Belts and Child Restraints - Member is responsible for:
6.2 Vogo tracks usage of the vehicle by the customer via Global Positioning devices.
7.1 Each time Member parks a VOGO.IN Vehicle (either at the end of the reservation or during the reservation period), the Member is responsible for securing the vehicle from external factors including human or general known adverse weather conditions.
7.2 VOGO.IN encourages all its Members to take full responsibility of their belongings. In case of any Member claims to have left back any luggage or any phones or personal music devices inadvertently in VOGO.IN vehicle after the Member completes his/her reservation, VOGO.IN shall endeavour to locate the lost belongings on a "best-effort" basis provided the Member notifies VOGO.IN of the same within 90 (Ninety) minutes of the successful return of the vehicle post completion/termination of the reservation, but VOGO.IN shall not be held responsible for such loss or damage in any circumstances.
8.1 Member is subject to VOGO.IN's fees policy being mentioned on the website www.vogo.in It entails the scenarios which covers all the fees including but not limited to rentals, excess kilometre driving charges, late fees, late charges, extensions fees, penalties or fines, if any etc.
8.2 An "Eligible Expense" is defined as;
9.1 VOGO.IN will perform all necessary and required routine maintenance on all of its vehicles. However, Member is responsible for the cleanliness of vehicle and are expected to assist in helping VOGO.IN to maintain the driving safety and performance of the vehicle, in particular during longer reservations or when the vehicle indicates that service or maintenance is required.
9.2 Vehicle may require Roadside Assistance from time to time. VOGO.IN makes reasonable best efforts to provide Roadside Assistance support in all cases. If, however, a Member's need for Roadside Assistance results from a breach of these Terms and Conditions, the Member may be charged for the full costs of the towing, repair & maintenance.
9.3 Use of tobacco, cigarettes, cigars, and alcohol is absolutely prohibited inside VOGO.IN vehicles. Member is subject to additional fine if evidence of smoking, chewing, drinking or dipping is found inside or on VOGO.IN vehicles or complained of by a Member using the vehicle immediately following the Member's reservation.
9.4 Burning any substance is absolutely prohibited in or on VOGO.IN vehicles. This includes, but is not limited to tobacco, other drugs, and incense.
9.5 Pets are absolutely prohibited in or on VOGO.IN vehicles, except for those vehicles designated "pet friendly". Member is subject to additional fees, if evidence of pets is found in VOGO.IN vehicles or complained of by a Member using the vehicle immediately following the Member's reservation.
10.1 All breakdowns or incidents involving VOGO.IN vehicles must be reported to VOGO.IN immediately by phone to 080-41010344 and via email on firstname.lastname@example.org
10.2 Breakdown and Roadside Assistance. While using a vehicle, You must follow the owner's manual instructions, provided in the vehicle. If a problem arises that prevents or limits the use of the vehicle or that may compromise people's safety, Member must immediately notify VOGO.IN on the above mentioned phone number/email id and follow VOGO.IN's instructions. Member may have to pay for towing, repairs, and other expenses in some circumstances.
10.3 Jump start. If You perform a jump start to VOGO.IN vehicle, You must inform VOGO.IN immediately by phone or through the mobile app). You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any vehicle other than a VOGO.IN vehicle.
10.4 Incident. In case of an incident involving property damage or any third party, the Member must fill out an official police report form and, mandatorily provide a jointly agreed-upon statement, complete VOGO.IN's incident report form, and obtain the following information:
10.5 Investigation and procedure. Member must provide to VOGO.IN and any other claims adjustment service with the findings of any report or any notice relating to a claim or a lawsuit against VOGO.IN regarding any incident involving a VOGO.IN vehicle. Member agree to cooperate fully with VOGO.IN in the investigation and defense of any such claim or lawsuit. A Member's accounts will be suspended until the investigation has been concluded.
10.6 The Member shall be responsible for the costs related to the repair, recovery, and loss of use of any VOGO.IN vehicle resulting from any of the foregoing, up to the current damage fee, as set forth in the Fee Policy / Rate Schedule (if such costs are because of the fault of the Member or if the fault is not directly established to any other person/ entity, or where any cost is not paid / reimbursed by the insurer of VOGO.IN vehicles or the insurer of the other vehicle involved in the accident).
11.1 You are responsible for any traffic violations incurred due to Your inappropriate use of a VOGO.IN vehicle. This includes, but is not limited to: unauthorised parking, excess speeding, breaking red light, photo enforcement, and toll violations. You are solely liable for all costs imposed due to any such violation during the concurrence of Your trip/ride/booking, including fines for late payment and any processing fees added by the respective regulatory authority. You are liable for payment of all tolls and any fines for toll evasion. You must report such violations to a VOGO.IN representative, as soon as possible, within the prescribed timeline for the violation (for example, if the case is being taken to court). VOGO.IN will notify the Member immediately by email after it comes to know about any of such violation and Member shall forthwith pay the relevant fine/s to the authority concerned and provide VOGO.IN with the proof of such payment, failing which VOGO.IN will pay those amounts and Member shall reimburse the same to VOGO.IN at earliest. However, where Member has personal knowledge of such violations, VOGO.IN will not be obligated to provide Member with the notification as above, but Member's obligation to pay the relevant fine/s and notifying VOGO.IN of such compliance will continue as aforementioned.
11.2 You must notify VOGO.IN of any traffic violation notices found on a vehicle at the time of vehicle pick up.
11.3 You must not leave a vehicle in a zone which has parking restrictions. If You leave the vehicle in such a restricted zone, You must immediately notify VOGO.IN, and You will be responsible for any and all violation notices or towing charges incurred by VOGO.IN. Additionally, financial penalties will be levied against You for any inconvenience caused to other VOGO.IN member if the vehicle is unavailable for its scheduled reservation because of such parking violations as set out in the fee policy on the website i.e. www.vogo.in
12.1 MEMBER DEDUCTIBLE OBLIGATION:
12.2 VOGO.IN IS NOT RESPONSIBLE FOR ANY DAMAGE TO, LOSS OR THEFT OF, ANY PERSONAL PROPERTY BELONGING TO MEMBER OR CO-PASSENGER OR THIRD-PARTIES, REGARDLESS OF FAULT OR NEGLIGENCE.
12.3 LIABILITY PROTECTION APPLIES ONLY TO CLAIMS OF THIRD-PARTY BODILY INJURY, DEATH OR PROPERTY DAMAGE, OTHER THAN TO THE VEHICLE, ARISING FROM THE USE OF VOGO.IN VEHICLE AS PERMITTED BY THIS AGREEMENT AND APPLICABLE LAW. ANY SUCH PROTECTION EXCLUDES ANY CLAIM MADE BY MEMBER OR CO-PASSENGER OR MEMBER'S/CO-PASSANGER'S IMMEDIATE FAMILY MEMBERS WHO PERMANENTLY LIVE WITH MEMBER OR IS TRAVELLING WITH MEMBER AT THE TIME OF INCIDENT. THIS OBLIGATION MAY BE LIMITED TO THE EXTENT VOGO.IN'S COVERAGE APPLIES. VOGO.IN SHALL NOT BE LIABLE TO MEMBER/CO-PASSENGER FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING FROM OR RELATED TO VOGO.IN VEHICLE, ITS USE, OR THIS AGREEMENT.
12.4 MEMBER INCLUDING BUT NOT LIMITED TO HIS/HER PROPERTIES, LEGAL HEIRS ETC; (IN CASE OF HIS/HER ABSENCE) INDEMNIFIES AND HOLDS VOGO.IN, ITS PARENT COMPANY AND AFFILIATES AND HIS/HER RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, ATTORNEYS, ASSIGNS AND SUCCESSORS-IN-INTEREST, HARMLESS WITHOUT DEMUR FOR ALL LOSSES, LIABILITIES, DAMAGES, INJURIES, CLAIMS, DEMANDS, COSTS, ATTORNEY FEES, BUSINESS LOSS AND OTHER EXPENSES INCURRED BY VOGO.IN (A "LOSS") ARISING FROM: (1) THE USE OR POSSESSION OF VOGO.IN VEHICLE BY THE MEMBER AND (2) THE MEMBER'S NON-COMPLIANCE WITH THIS AGREEMENT.
12.5 MEMBER INCLUDING BUT NOT LIMITED TO HIS/HER LEGAL HEIRS/ REPRESENTATIVES/ GUARDIANS SHALL HAVE FINAL RESPONSIBILITY TO VOGO.IN FOR ALL SUCH LOSSES. 12.6 This Agreement is intended for the benefit of Member and VOGO.IN and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise. UNDER NO CIRCUMSTANCES WILL VOGO.IN BE LIABLE TO ANY THIRD-PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR USE OF VOGO.IN VEHICLES AND AVAILING OF SERVICE BY MEMBER.
13.1 VOGO.IN captures, stores, processes and uses the Member's Personal data, including, but not limited to, name, e-mail id, internet protocol address, copy of driving license and any other additional address cum identity proof, image of the customer, the usage and vehicle data as they relate to the Member, to the extent this is necessary for the administration and implementation of this Agreement and the Member's use of VOGO.IN's vehicle.
13.2 Should third-party services be used, VOGO.IN is entitled to forward to the third-party service provider the Member's Personal data, to the extent this is required in order to fulfil the objectives of VOGO.IN.
13.3 VOGO.IN is entitled to provide Member's Personal data to third-parties for the purposes of providing individualized offers, Services, and other customized information to Members.
13.4 VOGO.IN shall implement and maintain reasonable procedures for protecting sensitive personal information in compliance with applicable law.
13.5 VOGO.IN shall be entitled to disclose information of the Member to VOGO.IN's parent company and to all companies controlled by VOGO.IN or any of its affiliates and to any government body as required by the law/ or by directive/ or request from any government body or to any third party deemed fit and proper by VOGO.IN, in its absolute discretion.
14.1 Any Dispute, controversy or claims by or between, VOGO.IN and Member, hereto arising out of or relating to or in connection with terms and conditions of this Member Agreement or transactions contemplated on Website, or the breach, termination, validity of any term under this agreement shall be finally settled by ‘Arbitration' in accordance with the Indian Arbitration and Conciliation Act, 1996. There shall be a sole arbitrator, who shall be appointed by VOGO.IN. Any arbitration proceedings or award rendered hereunder and the validity, effect and interpretation of this agreement to arbitrate shall be governed by the Laws of India. The arbitration proceedings shall be conducted in Bangalore, and the award shall be rendered in the English Language. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees.
14.2 (a) Subject to sub-clause (b) the Member irrevocably agree that the courts in Bangalore are to have exclusive jurisdiction for the purpose of hearing and determining any litigation, suit, action or proceedings and/or to settle any disputes arising out of or in any way relating to this Agreement or its formation or validity ("Proceedings") and for the purpose of enforcement of any judgment against its property or assets
(b) Nothing in this clause shall (or shall be construed so as to) limit the right of VOGO.IN to initiate proceedings against any of its Members in accordance with mandates contained in Section 20 of the Civil Procedure Code, 1908.
(c) Notwithstanding anything contained in the foregoing sub clauses, the jurisdiction in relation to criminal proceedings shall be governed in accordance with the provisions contained in Chapter XIII of the Code of Criminal Procedure, 1973.
14.3 Member agrees to pay VOGO.IN's reasonable attorneys' fees and costs in any legal proceeding relating to this Agreement, including appeals, where the respective court or forum pronounces the order in favour of VOGO.IN.
14.4 Member must not aid or encourage the filing of any third-party claim or lawsuit against VOGO.IN, and Member must cooperate fully with VOGO.IN and VOGO.IN's insurer in the investigation and defense of any claim or lawsuit. In any proceeding involving the Member and VOGO.IN as co-defendants should VOGO.IN determine in its sole discretion that the Member's independent attorney has not aligned his defense similar to that of VOGO.IN, VOGO.IN shall be entitled to call upon the Member to change his attorney to one advised by VOGO.IN and the Member shall accordingly change his attorney at his own cost.
14.5 Member must immediately notify and deliver to VOGO.IN every summons, complaint, document, or notice of any kind received by Member in any way relating to an accident, theft, or other circumstances related to VOGO.IN vehicle.
If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The Parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision. This Agreement, together with the User Guide, Trip Process, Member Application, Fee Policy / Rate Schedule, and any applicable consent forms, along with any amendments hereto, encompasses the entire agreement between Member and VOGO.IN, and supersedes all previous understandings and agreements between Member and VOGO.IN. Member acknowledges and represents that he or she has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement.
No term contained in this Agreement may be changed or waived, except in writing signed by an expressly authorized representative of VOGO.IN. No waiver of default by Member/ You under any of the Terms or Conditions of this Agreement shall be construed as a waiver of any prior or subsequent default of any of the Terms or Conditions of this Agreement.
The rights granted to the Member under this Agreement are not assignable or transferable, in whole or part. Any attempt to transfer this Agreement without the written consent of VOGO.IN shall be void and of no force and effect. VOGO.IN reserves the right and can at its absolute discretion can assign the rights and obligations under this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
Member will never be deemed to be VOGO.IN's agent, servant, or employee in any manner for any purpose whatsoever.
19.1 This Member Agreement shall continue to apply until terminated by either You or VOGO.IN as set forth below. If You want to terminate Your agreement with VOGO.IN, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where VOGO.IN has made this option available to You.
19.2 You agree that VOGO.IN may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if VOGO.IN determines that You have violated the terms & conditions of this Member Agreement any other Policy(s) of the Website. You also agree that any violation by You of the Agreement(s) will cause irreparable harm to VOGO.IN, for which monetary damages may be inadequate, and You consent to VOGO.IN obtaining any injunctive or equitable relief that VOGO.IN deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies which VOGO.IN may have at law or in equity.
19.3 In addition to Clause 19.2 above, VOGO.IN may, at any time, with or without notice, terminate these terms of the Member Agreement with You if:
19.4 VOGO.IN may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Termination of Your Account may include:
19.5 You agree that all terminations shall be made in VOGO.IN's sole discretion and that VOGO.IN shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
19.6 Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until VOGO.IN chooses to terminate them.
If performance of any Service or obligation under the terms and conditions of this Member Agreement or any other provisions of the policies of the Website, or other third parties in fulfilment of transaction (for e.g. home deliveries of vehicles, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable commercial control of VOGO.IN or its third parties performing such services as sub-contractor to VOGO.IN and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then VOGO.IN shall be excused from such performance to the extent of and during the period of such Force Majeure Event. VOGO.IN shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
When You use the Website or send emails or other data, information or communication to VOGO.IN, You agree and understand that You are communicating with VOGO.IN through electronic records and You consent to receive communications via electronic records from VOGO.IN periodically and as and when required. VOGO.IN will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law, It is further clarified that You can also use the customer support email, facebook page and twitter handle of VOGO.IN to share your words of appreciation pertaining to ride only.
22.1 Any feedback You provide to VOGO.IN shall be deemed to be non-confidential. VOGO.IN reserves the right to use such information without any restriction. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of anybody including you and third parties; (ii) VOGO.IN is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) VOGO.IN may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from VOGO.IN for the feedback under any circumstances.
22.2 To clarify, VOGO.IN may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however VOGO.IN shall not be obliged to do so. Further, in the event that VOGO.IN makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to VOGO.IN, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.
23.1 Any issues of the driver, which attributes and directly relates to the personality of an individual including but not limited to behaviour, actions, voices, conduct, negligence etc., are not responsibility of VOGO.IN in any case.
23.2 VOGO.IN or driver on duty has the right to refuse the service in the following circumstances: a) if the traveller is found to be in an intoxicated state or is found misbehaving with other passengers or the driver, or is causing a nuisance; b) if the traveller is misusing, soiling or damaging any of the devices (technical/non-technical) of VOGO.IN' s vehicle.
23.3 If any traveller misses his/her next scheduled programmes viz next journey via train/ flight/bus, conference, functions, meetings, festivals etc; VOGO.IN will not be liable for any compensation.
23.4 If the traveller has any complaints in respect of the services or the conduct of the driver, the traveller has to inform VOGO.IN about the same in writing during the continuation of ride/trip.
23.5 VOGO.IN declares that traveller opting for chauffeur driven vehicles must not drive the vehicle booked by traveller and consequently provisions of sections 2.1, 2.3, 2.4, 4.1 (a) & (c), 5.1, 5,2, 5.3, 5.5, 5.6, 8.2 and 11 of this Member Agreement would not be applicable to such traveller. It is further clarified that all other provision of this Member Agreement will be applicable to traveller mutatis-mutandis.
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