This agreement (“user agreement”) incorporates the terms and conditions for Modus Operandi Business Solutions Private Limited (“MOBS”) to provide services to the person(s) (“the User”) to gather travel/activity information, posting/opinions/questions/ answers of travel/activity related issues, and engaging in interactive travel/activity forum by using the GoPo website, mobile application (“App”) or any other customer interface channels of MOBS which includes it’s sales persons, offices, advertisements, information campaigns etc.
The GoPo website and application are owned operated by Modus Operandi Business Solutions Private Limited (MOBS), a private company with limited liability organised and registered under the Companies Act, 2013 & other applicable Indian laws. The company’s registration number is U74900HR2016PTC058252 and its registered office is at WW-16 FF, Malibu Town, Sector-47, Gurgaon-122018. The GoPo name and logo have been registered for trademark protection under application no. 3241430.
Both User and MOBS are individually referred to as ‘party’ to the agreement and collectively referred to as ‘parties’.
The term 'application' refers to both the mobile applications and website (https://letsgopo.com) developed and managed by MOBS- jointly and individually.
USER’S RESPONSIBILITY OF COGNIZANCE OF THIS AGREEMENT
By availing the services of MOBS, the users shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by MOBS for all purposes, and shall be binding on the User. The users agree to comply with and be legally bound by the Terms and Conditions of this agreement whether or not the users become a registered user of the Site. All rights and liabilities of the User and/or MOBS with respect to any services to be provided by MOBS shall be restricted to the scope of this agreement.
If the users do not agree to the Terms and Conditions of this agreement, the users have no right to obtain information from or otherwise continue using this application and/or website. Failure to use this Site/application in accordance with the following Terms may subject the users to civil and criminal penalties. MOBS reserves the right to make changes to these terms at any time. The users’ continued use of the application constitutes the users acceptance of such changes. Accordingly, the users should review these terms and conditions from time to time for such changes.
MOBS reserves the right, in its sole discretion, to terminate the access to any or all of MOBS application and/or websites and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other GoPo document, then these terms shall control.
By entering and/or registering on the Site you give your consent to and accept the following terms:
1. GENERAL TERMS
1.1 The user of this application and/or website must be 18 years or over to register as a member of or use this application and/or website. Membership in the service is void where it is prohibited. While using and/or viewing this application and/or website, the user represents and warrants that the user has the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions, that the user is at least 18-years old and that the user is not prohibited by the laws of India or other applicable laws from using the application/services and/or website therein.
1.2 This application in website or mobile properties is intended to assist the user in gathering travel/activity information, posting opinions/questions/answers of travel/activity related issues, and engaging in interactive travel/activity forum and has no intention to support immoral interests.
1.3 The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the application/website/promotional content sent is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. Nevertheless, MOBS will always make its best endeavors to ensure that the content on its websites/applications or other information channels are free of any virus or such other malware.
1.4 The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, ‘hereunder” and words of similar import refer to this agreement as a whole
1.5 If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect
1.6 The user hereby represents and warrants to MOBS that:
(a) The user has the full power and authority to enter into and perform under these Terms and Conditions;
(b) The user will not infringe the copyright, trademark, right of publicity or any other legal right of any third party;
(c) The user will comply with all applicable laws in using the application and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other members and/or viewers of the application/website
(d) Any information which is specifically mentioned by MOBS as Confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.
2. THIRD PARTY ACCOUNT INFORMATION
By using the services of MOBS’ application and websites, the user authorizes MOBS and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
The User will choose a password while registering or editing an existing password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify MOBS immediately in writing of any unauthorized use of their password and/or account and/or any other breach of security. MOBS will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without the user’s knowledge. The User shall not use anyone else’s password at any time.
Registration and personal account: to use the Application, the user can opt to create an account by providing their name and email address. The user agrees to provide accurate and true information. The user may terminate their personal account at any time.
3. NON COMMERCIAL USE BY MEMBERS AND/OR VIEWERS
Only individual members and viewers can use this application and/or website and this application and/or website may not be used in connection with any commercial endeavours unless, explicitly agreed with MOBS. This application and/or website is not for use by Organizations, companies, and/or businesses and they may not become the users of this application and/or website and shall not use the service for any purpose including but not limited to: sending unsolicited commercial e-mails to users, advertisements to other web sites and services on this application’s and/or website’s forum, or using the user’s personal identifying information for commercial purposes. Illegal and/or unauthorized uses of this application and/or website, including unauthorized framing of or linking to the application and/or website or sending of unsolicited commercial emails will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of a membership at sole discretion of MOBS. MOBS may take reasonable steps to prevent unsolicited commercial emails or messages on forums being sent to its users; the steps would include the limiting of the numbers of emails or forum messages sent or received by a user and electronically filtering or throttling or terminating e-mail and forum messages at sole discretion of MOBS.
4. THE USAGE OF THE USER’S MOBILE NUMBER BY MOBS
MOBS may send information relevant for the user, information such as OTP verification notification, application and/or website under maintenance notification, etc., via SMS and/or by voice call on the contact number given by the User at the time of registration or editing the number. The User hereby unconditionally consents that such communications via SMS and/ or voice call by MOBS is (1) as requested and authorized by the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulatory Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify MOBS against all types of losses and damages incurred by MOBS due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on MOBS with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
5.1 MOBS reserves the right, in its sole discretion, to terminate the access to any or all MOBS application and/or websites and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
5.2 MOBS may, in its discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Application and/or website.
5.3 The user’s registration may, at any time be ended by requesting the closure of the user’s account by writing to us at firstname.lastname@example.org. Such request shall be deemed effective 30 days after receipt by us of the request for closure of the account concerned.
6. THE USERS’ RESPONSIBILITY
6.1 The Services provided by MOBS do not include the introduction of the users to one another. This application in website or mobile properties is provided solely to assist customers in gathering travel/activity information, posting opinions/questions/answers of travel/activity related issues, and engaging in interactive, consultative travel planning/activity forum. MOBS is not involved in the actual contact between members and/or viewers. MOBS, therefore, has no control over the conduct of the users or the truth or accuracy of the information that the users post on the Application.
6.2 The purported identity of the users cannot and will not be confirmed by MOBS. Although MOBS provides tools intended to assist the users, the users are responsible for determining the identity and suitability of other users with whom they may communicate on this application and/or website. MOBS does not endorse any user for the services provided by MOBS. MOBS does not investigate the reputation of the users and their conduct, morality, and criminal background; MOBS also does not verify the information that the users may submit on the application and/or website. The users shall communicate directly with other users through the tools available on the application and/or website and take the same precautions the user would normally take when meeting a stranger in person for the first time.
6.3 The sole responsibility of interactions between and among the users of the application and/or website rest with the user. MOBS will not be responsible for any damage or harm resulting from interactions between and among the users on this application and/or website. MOBS reserves the right, but has no obligation, to monitor interactions between and among the users. MOBS can take any other action in good faith to restrict access to or the availability of any material that MOBS or another user of this application and/or website may consider inappropriate, i.e., obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
6.4 Whereas this application and/or website is merely a platform for the users to gather travel/activity information, post opinions/questions/answers of travel/activity related issues, and engage in interactive travel/activity forum, in the event that the user has a dispute with other users of this application and/or website, the user releases MOBS and officers, directors, members, employees, agents and affiliates of MOBS from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6.5 When groups of interested members and/or users hold in-person meeting, such in-person meetings are not sponsored or organized by MOBS. The users who organize such meetings should make clear in their announcements, invitations and signage that their meetings have not been organized or approved, and are not run, by MOBS. The quality, organization or safety of any in-person meeting (whether or not sponsored by MOBS) cannot be guaranteed by MOBS. The users will attend such meetings at their own risk.
6.6 The application and/or website cannot be used for the provision of sexual or erotic services by the users. The application and/or website cannot be used as an instrument for sexual or erotic proposals.
6.7 MOBS is responsible only for the transactions that are done by the User through its application and/or website. MOBS will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction. The User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from availing these services under the laws of India or other applicable law.
7. USER’S CONDUCT
7.1 The users must act responsibly and exercise good judgment in the use of this application and/or website. By way of example and not limitation, the users shall ensure that:
7.1.1 Any applicable law or regulation are not violated;
7.1.2 The rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights are not infringed;
7.1.3 Information obtained through the application and/or website is not used for any unauthorized purpose;
7.1.4 They do not interfere with or damage the application, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
7.1.5 The application and/or website is not used to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
7.1.6 The application and/or website is not used in connection with the distribution of spam (defined as unsolicited bulk e-mail or any other commercial, religious or political email or other nature not within the intended purposes of the application);
7.1.7 Other users of the Application and/or website are not harassed;
7.1.8 Any information about the users, for purposes other than that of the permitted use of the Application and/or website, is not stored or collected;
7.1.9 More than one account per user is not registered
7.1.10 A user account on behalf of an individual other than the user is not registered
7.1.11 The user shall not impersonate any person or entity, or falsify or otherwise misrepresent the user’s affiliation with any person or entity, whether by providing or omitting to provide information;
7.1.12 The user shall not attempt to defeat any security or verification measure relating to use of the Application and/or website;
7.1.13 The user shall not assist any third party in doing any of the foregoing;
7.1.14 The user shall not use the Application and/or website to transmit, distribute, post or submit any proposals of sexual or erotic content and/ or use the Application and/or website to transmit, distribute, post or submit any proposals of sexual or erotic services, works and other offers.
7.1.15 When using the Application/Website, the user agrees not to
(a)Be discriminatory, offensive, threatening, pornographic, obscene, degrading, unlawful, unsafe, harmful, abusive, harassing, stalking, hateful, defamatory, libellous, fraudulent, offensive, inappropriate, vulgar or otherwise objectionable;
(b) Be false or misleading;
(c) Contain commercial messages;
(d) Attempt to probe, scan, compromise or test the vulnerability of the Service or any related system or network or breach any security or authentication;
(e) Violate any right of MOBS or a third-party, including but not limited to copyrights, trademarks, privacy or any other personal or (intellectual) property right;
(f) Violate any applicable law, rule or regulation, or give rise to legal liability;
(g)Violate any rule of conduct in the annexes, term or guideline applicable to MOBS; or
(h) Be in any other manner unlawful towards MOBS or any third party.
8.1 This application in website or mobile properties is provided solely to assist customers in gathering travel/activity information, posting opinions/questions/answers of travel/activity related issues, engaging in interactive travel planning, and activity forum. Accordingly, by submitting the user’s personal information and/or photographs, the user waives any privacy expectations the user has with respect to use of such likeness or personal information. The user shall not use the application and/or website if the user does not wish to have the user’s picture or information about the user viewed by or disclosed to others. MOBS may collect certain other personal information from the user, information that MOBS does not post on the Application and/or website. MOBS does not intentionally transfer this information to unaffiliated third parties without the user’s consent, but reserves the right to transfer such information without the user’s consent to prevent an emergency, to protect or enforce MOBS’ rights and that of a third party or in response to a court order or subpoena as otherwise required or permitted by law. MOBS also provides this personal information to third-party service providers who help maintain the Application and/or website and deliver information and services to the users of the Application and/or website.
8.2 By submitting any content (including without limitation, the user’s photograph) to the Application and/or website, the user hereby grants the Company a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose.
8.3 The user is solely responsible for any content that the user submits, post or transmit via the Application and/or website. The user may not post or submit any content:
8.3.1 That is deemed defamatory;
8.3.2 That may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;
8.3.3 That exploits images or the likeness of individuals who are less than 18 years of age;
8.3.4 That portrays use of illicit drugs;
8.3.5 That makes use of offensive language or images;
8.3.6 That denotes violence as acceptable, glamorous or desirable;
8.3.7 That furnishes a link to any commercial web applications;
8.3.8 That contains any of the user’s personal contact information, except as specifically desired for as part of the user’s registration on this Application and/or website.
8.4 MOBS has no obligation to post any content from the user or anyone else. MOBS may, however, in its sole and unfettered discretion, edit, remove or delete any content that the user posts or submits.
8.5 The user may be exposed to content from other users or third parties, either at this Application and/or website or through links to third-party applications/websites while using this application and/or website. MOBS does not control, and shall have no responsibility for, third-party content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. All risks associated with, third-party content, including without limitation, profiles of other users of this Application and/or website need to be evaluated and borne by the user.
8.6 The User will choose a password while registering or editing an existing password and is responsible for maintaining the confidentiality of the password and the account. The user is solely responsible for the confidentiality and use of your username and password. The user must notify MOBS immediately of any unauthorized use of the username and password or any other breach of security by writing to email@example.com.
9. LIMITATION ON LIABILITY
9.1 MOBS shall not be liable for damages of any kind (including, but not limited to any direct, indirect, incidental, general, special, consequential, exemplary or punitive damages) even if MOBS has been advised of the possibility of such damages, arising from or relating to: (a) the use or inability to use the application and/or website; (b) the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into through or from the application and/or website; (c) disclosure of, unauthorized access to or alteration of user’s content; (d) damages for loss or corruption of data or programs, service interruptions or procurement of substitute services, even if we know or have been advised of the possibility of such damages; (e) statements, conduct or omissions of any service providers or other third party on the application and/or website; (f) the user’s or anyone else’s conduct or acts in connection with the use of the application and/or website, including without limitation, bodily injury, emotional distress, death or any other damages resulting from communications or meetings with other registered users of our services or persons introduced to the user by the application and/or website, whether on-line or off-line; (g) any other matter arising from, relating to or connected with the application and/or website or these terms.
9.2 MOBS shall not be liable for any failure or delay in operating under these terms, whether or not such failure or delay is due to causes beyond the company’s reasonable control.
9.3 The user’s use of this application and/or website is at the user’s sole risk – the application and/or website is provided on an “as is” and “as available” basis. MOBS expressly disclaims and the user waives, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
9.4 MOBS does not warrant that: (a) user’s requirements will be met by the application; (b) the application will be uninterrupted, timely, secure, or error-free; (c) any information that the user may obtain through the application will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by the user through the application and/or website will meet the user’s expectations; (e) any information the user provides or the company collects will not be disclosed to third parties; (f) any errors in any data or software will be corrected. MOBS is not responsible for any errors, omissions or representations on any of its Application and/or website pages or on any links or on any of the linked application/website pages.
9.5 If the user accesses or transmits any content through the use of the application and/or website, the user does so at the user’s own discretion and the user’s sole risk. The user is solely responsible for any loss or damage arising out of such access or transmission.
9.6 No data, information or advice obtained by the user in oral or written form from the company or through or from the application and/or website will create any warranty not expressly stated in these terms.
9.7 This section (and any other clause excluding or restricting company’s liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to the company. Nothing in this agreement in any way limits or excludes MOBS’ liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
9.8 Neither shall MOBS be responsible for the delay or inability to use the MOBS application/websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the MOBS application/website(s), or otherwise arising out of the use of the MOBS application/website(s), whether based on contract, tort, negligence, strict liability or otherwise.
10. PROPRIETARY RIGHTS
The user hereby represents and warrants to MOBS that:
(a) The user will not infringe the copyright, trademark, right of publicity or any other legal right of any third party;
(b) MOBS may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws. The User may use this material only as expressly authorized by MOBS and may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material without express authorization. The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
(c) The user owns or otherwise has all rights necessary to license the content the user submits and that the posting and use of the user’s content by the Company will not infringe or violate the rights of any third party. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
11. UPDATION OF THE INFORMATION BY MOBS
It is acknowledged by the user that MOBS provides services with reasonable diligence and care. Sometimes, however, the information, software, products, and services included in or available on MOBS applications and/or website may include inaccuracies or typographical errors which will be immediately corrected as soon as MOBS notices them. These changes may be periodically made/added to the information provided such. MOBS may make improvements and/or changes in its application without any notice to the User.
12. COMMUNITY GUIDELINES
Before the user asks a question or responds, the user needs to keep in mind that the user adheres to Community Guidelines. The following are the key points for the user to keep in mind:
To get the best advice, the user needs to keep in mind the following:
13. MESSAGES/THREADS SUBJECT TO CLOSURE
MOBS will close or remove the messages or threads that do not meet the below guidelines. Also, users who do not adhere to the below guidelines are subject to being banned. The questions and answers must adhere to the following:
14. REFUNDS & CANCELLATIONS:
We do entertain requests for refunds in case an itinerary is found to contain plagiarized content or inaccuracies in information. These requests are only entertained in situations where tangible proof of the grounds on which the request is made, exists and can be provided by the user requesting a refund. Refundable amount is limited to the amount of the original transaction after deducting taxes that were levied. Taxes, surcharges and other government duties levied are strictly non-refundable. For a complete list of the terms of our refund policy, please refer to the Refunds & Cancellations document here.
MOBS hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. MOBS considers itself and intends to be subject to the jurisdiction only of the courts of Gurugram, India.
16. OFFERS & PROMOTIONSFrom time to time, MOBS may run periodic offers and promotions on the website and/or mobile application. A complete list of current offers and terms and conditions for the same can be found here.
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