These Terms of Use & Service (“Terms”) are part of a legally binding agreement between Users (“you”, “your”) and NearGo (“we”, “us”, “our”). Please refer to the ‘Definitions’ section in Part 1, below, for the meaning of any capitalized terms (including ‘Users’ and ‘NearGo’) used in these Terms.
These Terms govern your use of the NearGo Platform and your receipt and use of NearGo Products and Services that are available through the NearGo Platform. Partner Products and Services that you order through the NearGo Platform will be governed by separate terms and conditions between you and the Partner. Any Partner terms and conditions must be read in conjunction with these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND/OR USING THE NEARGO PLATFORM. YOUR ACCESS AND/OR USE OF THE NEARGO PLATFORM CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY [THESE TERMS, YOU MUST NOT, AND YOU ARE NOT ENTITLED TO, ACCESS OR USE THE NEARGO PLATFORM.
In addition, supplemental terms may apply to certain NearGo Products and Services, such as policies for a particular event, loyalty program, activity or promotion. Such supplemental terms will be disclosed to you in connection with the applicable NearGo Products and Services. Supplemental terms are in addition to, and shall be deemed part of, the Agreement between you and NearGo. Supplemental terms shall prevail over these Terms in the event of a conflict between the supplemental terms and these Terms…
We may amend the Terms from time to time. Any amendments made by us will be effective upon posting an updated version of the Terms on the NearGo Platform or otherwise making the amended terms available to you. Your continued access or use of the NearGo Platform constitutes your agreement to be bound by these Terms, as amended.
“Account” means an account that a User creates to access and use the NearGo Platform and the Products and Services made available through it.“Affiliate” means, in relation to NearGo, any entity that directly or indirectly controls, is controlled by, or is under common control with NearGo.“NearGo” means NEARGO L.L.C-FZ and its Affiliates.“NearGo Platform” means the digital network (and each component thereof) that NearGo makes available as a marketplace for Users to order Products and Services. It includes the NearGo website available at https://www.neargo.ai/ and the software applications made available for download by NearGo, in each case as updated or upgraded from time to time.“NearGo Products and Services” means Products and Services that are available through the NearGo Platform and are provided to you by NearGo.
The NearGo Platform provides a digital network which functions as a marketplace for Users to access and order Products and Services.
Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-sub-licensable, revocable, personal, non-transferrable license to: (i) access and use the NearGo Platform on your device solely in connection with your use of the NearGo Platform; and (ii) access and use any Content owned by or otherwise licensed to NearGo that may be made available on the NearGo Platform, in each case solely for your non-commercial use. Any rights not expressly granted herein are reserved by us and our licensors.
The NearGo Platform and all rights therein are and shall remain our property or the property of our licensors. Neither the Terms nor your use of the NearGo Platform convey or grant to you any rights: (i) in or related to the NearGo Platform, except for the limited license granted above; or (ii) to use or reference in any manner NearGo’s company names, logos, product and service names, trademarks or services marks, or those of NearGo’s licensors.
Each User must create an Account. Unless otherwise permitted by NearGo in writing, you may only possess one Account.
The NearGo Platform is not available for use by persons under the age of 18 and/or individuals who cannot form legally binding contracts under applicable law. If you are not over the age of 18 and/or are not able to form a legally binding contract by law, you are not entitled to use, and must immediately discontinue your use of, the NearGo Platform.
Account registration requires you to submit to NearGo certain personal information, such as your name, address, mobile phone number. Inclusion of other personal information may be required at a later stage or in relation to specific Products and Services. You agree to ensure that all information that you submit to us is accurate and correct at the time you provide it. You also agree to maintain accurate, complete, and up-to-date Account information. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the NearGo Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences. It may also result in NearGo terminating the Terms with you and deleting your Account.
You agree to maintain the security and secrecy of your Account username and password at all times. You may not authorize third parties to use your Account, and you are not entitled to assign or otherwise transfer your Account to any other person or entity.
You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss or theft of the device through which you access the NearGo Platform. NearGo will treat all activity that occurs under your Account as though it was done by you. NearGo and its Affiliates expressly disclaim any liability arising from the unauthorized use of your User Account and you agree that NearGo and its Affiliates shall not be liable to you for any Loss you suffer arising out of, or in connection with, any unauthorized use of your User Account.
Should you suspect that any Third Party may be using your Account, or you suspect any other breach of security, you must notify us immediately.
In certain instances, you may be asked to provide proof of identity to access or use certain Products and Services on the NearGo Platform. You agree that you may be denied access to, or use of, those Products or Services or the NearGo Platform if you refuse to, or are unable to, provide proof of identity.
You may not access and use the NearGo Platform for any purpose other than the purpose for which NearGo makes it available. You must comply with all applicable laws and regulations when using the NearGo Platform and the Products and Services available through the NearGo Platform. You shall not use the NearGo Platform and/or such Products and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms.
In relation to your use of the NearGo Platform and/or the Products and Services you must comply with any acceptable use policy and other instructions issued to you by NearGo from time to time. In particular, you must not at any time:
impersonate any Third Party;
stalk, threaten, or otherwise harass any Third Party (including other Users or Captains), or carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the NearGo Platform (or the servers or networks connected to the NearGo Platform) or the Products and Services;
post information or interact on the NearGo Platform 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;
Use the NearGo Platform or the NearGo Products and Services to transport, facilitate the sale of or otherwise deal in: narcotics, alcohol or other illegal substances, goods, or items;
use the NearGo Platform or the Products and Services in any way that infringes any Third Party’s rights, including but not limited to: copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the NearGo Platform or the Products and Services;
“frame” or “mirror” any part of the NearGo Platform or the Products and Services, without our prior written authorization, or use meta tags or code or other devices containing any reference to us in order to direct any Third Party to any other web site for any purpose;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the NearGo Platform, any Content on the NearGo Platform, or the Products and Services;
rent, lease, lend, sell, redistribute, license or sublicense the NearGo Platform or the Products and Services (or access to any portion of the NearGo Platform or the Products and Services);
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the NearGo Platform, any Content on the NearGo Platform, or the Products and Services; link directly or indirectly to any other web sites;
transfer or sell your User Account, password and/or identification to any Third Party; discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation or otherwise cause nuisance, annoyance, inconvenience, or property damage to any Third Party; or cause any Third Party to engage in the restricted activities above.
We do not guarantee that the NearGo Platform, or any Content on it, will always be available or be uninterrupted. NearGo may suspend, withdraw or restrict the availability of all or any part of the NearGo Platform, or any Content on it, for business and operational reasons without liability at any time, with or without notice. Where practicable, we will try to give you reasonable notice of any suspension, withdrawal or restriction.
NearGo reserves the right to suspend or delete your Account, and to terminate your right to access and use the NearGo Platform, without liability at any time, for any reason, with or without notice. In the event you fail to comply with the Terms, we may take any action we deem necessary. This may include, but is not limited to, any of the following:
immediate, temporary or permanent, suspension or withdrawal of your Account and/or your right to use the NearGo Platform;
taking legal action against you, including proceedings for reimbursement of all Losses NearGo suffers (including, but not limited to, reasonable administrative and legal costs) as a result of your failure to comply with the Terms;
disclosure of such information to law enforcement authorities as we feel is necessary; and/or immediate, temporary or permanent, removal of any Content uploaded by you to the NearGo Platform.
We aim to update the NearGo Platform regularly and reserve the right to change the Content on the NearGo Platform without liability at any time, for any reason, with or without notice.
Whilst we aim to update the NearGo Platform regularly, the Content on the NearGo Platform may be out of date at any given time. Certain Content on the NearGo Platform may also include information and materials provided by Third Parties that has not been verified or approved by NearGo. The inclusion of any information and materials provided by Third Parties on the NearGo Platform should not be considered to be an approval or endorsement by NearGo of that information and material. You acknowledge and agree that your access and use of such information and material is entirely at your own risk.
Some of the Content available on the NearGo Platform may contain advertising and promotional information and material that has been provided to NearGo by Third Parties. In relation to such advertising and promotional information and material, responsibility for ensuring that all necessary licences, consents and permissions have been obtained and/or for ensuring that the advertising and promotional information and material complies with applicable law and regulation lies solely with the Third Party that provided the advertising and promotional information and material to NearGo. NearGo does not assume any liability to you or others in relation to the same.
You acknowledge and agree that all Content on the NearGo Platform is made available to you for information purposes only. NearGo and its Affiliates make no representation, and give no warranty or guarantee, that the Content on the NearGo Platform is accurate, complete or up-to-date. You should not rely on any such Content without first independently verifying its accuracy and completeness. NearGo and its Affiliates disclaim all liability to you in connection with your use of, or reliance on, the Content available on the NearGo Platform, and you agree that NearGo and its Affiliates shall not be liable to you for any Loss you suffer arising out of, or in connection with, any Content on the NearGo Platform (including your reliance on it).
Where the NearGo Platform contains links to other websites provided by Third Parties, these links are provided for your information only and NearGo has no control over the Content of these sites. Any links to other websites made available on the NearGo Platform should not be considered to be an approval or endorsement by NearGo of those websites (or the Content available on them). You acknowledge and agree that your access and use of such websites (and the Content available on them) shall be governed by the terms and conditions of the website owner and is entirely at your own risk.
NearGo may, in its sole discretion or in conjunction with Partners or other Third Parties, make promotions available to Users on the NearGo Platform. These promotions, unless made to you, shall have no bearing whatsoever on the Terms or your relationship with NearGo . Promotions will in many cases be made available via Promo Codes.
NearGo reserves the right to withhold or deduct credits or withdraw other features or benefits obtained through a promotion (including through the use of Promo Codes) in the event that NearGo , in its sole discretion, determines or believes that the use or redemption of the promotion (or Promo Code) or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or the Terms.
You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by NearGo; (iii) may be disabled by NearGo without liability at any time, for any reason, with or without notice; (iv) may only be used pursuant to the specific terms that NearGo establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use; and (vii) NearGo may establish additional terms relating to specific promotions.
You may be entitled to purchase NearGo Credits and NearGo Bundles, or you may receive different Service Promotions, that you can apply towards payment for certain Products and Services.
NearGo Credits, NearGo Bundles and Service Promotions are only valid for use on the NearGo Platform and are not transferable or redeemable for cash. They may also only be used for certain Products and Services, as notified to you by NearGo.
NearGo Credits, NearGo Bundles and Service Promotions cannot be combined. If the cost of your Products and Services exceeds the applicable credit or discount value, you will be charged for the outstanding cost of the Products and Services.
Additional restrictions on NearGo Credits, NearGo Bundles and Service Promotions may apply as communicated to you in a relevant promotion or specific terms. NearGo reserves the right to cancel, or vary the terms, relating to NearGo Credits, NearGo Bundles or Service Promotions without liability at any time, for any reason, with or without notice.
From time to time, NearGo may offer you incentives to refer new Users to the NearGo Platform. These incentives may come in the form of NearGo Credits and/or Service Promotions, and NearGo may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives without liability at any time, for any reason, with or without notice.
In relation to Products and Services you order through the NearGo Platform, you agree to pay (where applicable): any Charges payable to NearGo for NearGo Products and Services; any NearGo Fees payable in respect of orders for Products and Services placed through the NearGo Platform (if applicable in your jurisdiction); and any Charges payable to a Partner for Partner Products and Services. All NearGo Fees and Charges will be inclusive of applicable taxes where required by law, including any VAT or sales tax.
You will be notified of any applicable Charges and/or NearGo Fees on the checkout page of the NearGo Platform. All Charges and NearGo Fees are subject to change at any time prior to your order being confirmed or delivered (where delivery of goods is involved). Charges and NearGo Fees won’t change once your order has been confirmed, unless there is an obvious pricing mistake. If there is an obvious pricing mistake, you will be notified as soon as possible and will have the choice of confirming the order at the correct price or cancelling the order and receiving a full refund of any amounts already paid.
Payment for Products and Services ordered through the NearGo Platform can be made by debit or credit card, or any other payment method available on the NearGo Platform at the time you place your order. In certain circumstances, you understand and agree that NearGo will temporarily hold an estimated amount on your credit or debit payment method while booking a Service through the NearGo Platform. You understand that the amount held is an estimate of the charges that will be due by you for the Services provided by NearGo and/ or Partner, but is not an actual charge for use of such Services. Any portion of such pre-authorized amount which is not applied by the NearGo towards the payment of Charges will be released as soon as practicable after the Service is provided to the same payment method.
Where cash-on-delivery is available and chosen by you as the payment method, only cash payments will be accepted. You are requested to ensure that you have the exact amount in cash to cover the Charges and NearGo Fees, as Captains will only carry a small amount of change. Where you chose to pay by cash-on-delivery, and you do not have the exact amount of cash to pay, the Captain may not be able to give you change. Captains cannot leave Orders with you unless full payment of all Charges is made.
At any time after you have placed an order for Partner Products and Services from a Partner, NearGo: (i) may facilitate your payment of the applicable Charges on behalf of the Partner as the Partner’s limited payment collection agent; and (ii) may collect any applicable NearGo Fee directly from you. Payment of the Charges in the above manner shall in all cases be considered the same as payment made directly by you to the Partner.
Charges and NearGo Fees paid by you are final and non-refundable, unless otherwise determined by NearGo or the relevant Partner.
All Charges and NearGo Fees are due immediately and payment will be collected by NearGo using the payment method selected by you at checkout, after which NearGo or the Partner, as applicable, will send you a receipt by email). If your Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that NearGo may, on its own behalf, and as the Partner’s limited payment collection agent, use a secondary payment method in your Account, if available.
In relation to certain Products and Services, additional Charges may become payable by you after your use of the Product and Services has ended and your payment for the Products and Services has been collected. As a result, NearGo may place restrictions on your Account which prevent you from deleting a payment method for up to 120 days after your use of such Products and Services has ended. In addition, to the extent that any additional Charges becomepayable, NearGo reserves the right to collect the additional Charges using the payment method you used to pay for the Products and Services or any other payment method added to your Account, at any time after they become due.
As between you and NearGo , NearGo reserves the right to establish, remove and/or revise NearGo Fees at any time, for any reason, with or without notice. Charges may also be varied or revised at any time, for any reason, with or without notice, either by NearGo or its Partners. NearGo will use reasonable efforts to inform you of Charges and NearGo Fees that may apply, provided that you will be responsible for Charges and NearGo Fees incurred under your Account regardless of your awareness of such Charges or NearGo Fees, as applicable, or the amounts thereof.
If you owe us or our Affiliates any money for any reason, we may set off amounts you hold with us in your Account against the amounts you owe us or our Affiliates. We will only exercise this right where we consider it is reasonable to do so and, where practicable, once we have given you notice in advance.
Refunds to which you are entitled under the Terms (or which NearGo otherwise agrees to provide you) will be processed either as NearGo Credits or in the same manner in which the original payment was made, at NearGo’ discretion. Refunds to a credit or debit card require some time to be processed by us and the financial institution or payment service provider who has issued your debit or credit card (as applicable). It usually takes between 7 and 15 business days for your refund to be processed and reflected in your card statement, although processing times may be longer, particularly if your card issuer is based overseas. NearGo is not liable for any delay in processing refunds that is outside of its control.
YOU UNDERSTAND AND AGREE THAT THE NEARGO PLATFORM (INCLUDING THE CONTENT AVAILABLE ON IT) AND ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEARGO AND EACH NEARGO AFFILIATE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, UNDERTAKINGS AND ANY OTHER TERMS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, NOT EXPRESSLY SET OUT IN THE Terms, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEARGO AND ITS AFFILIATES MAKE NO REPRESENTATION, WARRANTY, CONDITION, UNDERTAKING OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE NEARGO PLATFORM (INCLUDING THE CONTENT AVAILABLE ON IT) OR ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE NEARGO PLATFORM, OR THAT THE NEARGO PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. NEARGO AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTIES YOU ENGAGE WITH IN CONNECTION WITH PARTNER PRODUCTS AND SERVICES (INCLUDING PARTNERS THEMSELVES). YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE NEARGO PLATFORM (INCLUDING THE CONTENT AVAILABLE ON IT) AND ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE USE OF THE NEARGO PLATFORM, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
NearGo and its Affiliates are not responsible, and shall not be liable to you, for the conduct, whether online or offline, of any User, Partner or other Third Party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Users, Partners or Third Parties.
Location data provided by the NearGo Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed, or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, or property or environmental damage. Neither NearGo , its Affiliates nor any of its providers makes any representation regarding, or warrants or guarantees, the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the NearGo Platform. NearGo , its Affiliates and its providers shall not be liable to you for any Loss you suffer or incur as a result of inaccurate or incomplete location data displayed by the NearGo Platform.
NEARGO AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY LOSS PROFITS, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES RELATED TO, SUFFERED OR INCURRED IN CONNECTION WITH, OR OTHERWISE RESULTING FROM, ANY USE OF THE NEARGO PLATFORM OR PRODUCTS AND SERVICES AVAILABLE THROUGH THE NEARGO PLATFORM, EVEN IF NEARGO AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. NEARGO AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE NEARGO PLATFORM (INCLUDING THE CONTENT AVAILABLE ON IT) OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE NEARGO PLATFORM, OR YOUR INABILITY TO ACCESS OR USE THE NEARGO PLATFORM OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE NEARGO PLATFORM; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY (INCLUDING PARTNERS), EVEN IF NEARGO AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. NEARGO AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
IN NO EVENT SHALL NEARGO AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU (WHEN TAKEN TOGETHER IN THE AGGREGATE) ARISING OUT OF OR IN CONNECTION WITH THE Terms (INCLUDING YOUR RECEIPT AND USE OF THE NEARGO PLATFORM, THE PRODUCTS AND SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF PARTNERS OR OTHER THIRD PARTIES) FOR ALL LOSSES AND CAUSES OF ACTION EXCEED TWO THOUSAND UNITED STATES DOLLARS OR AN EQUIVALENT AMOUNT IN ANOTHER CURRENCY.
THE NEARGO PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE PARTNER PRODUCTS AND SERVICES WITH PARTNERS, BUT YOU AGREE THAT NEARGO HAS NO RESPONSIBILITY OR LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH ANY PARTNER PRODUCTS AND SERVICES.
THE LIMITATIONS OF LIABILITY IN THIS SECTION AND THE DISCLAIMER IN THE SECTION ABOVE DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold NearGo , its Affiliates, officers, agents, directors and/or other employees and harmless from any and all Losses they suffer or incur arising out of, or in connection with: (i) your receipt and use of the NearGo Platform and the Products and Services ordered through your use of the NearGo Platform; (ii) your breach or violation of the Terms; and/or (iii) your violation of the rights of any Third Party.
We are not required to procure insurance for, nor are we responsible for, your private belongings, such as the damage or loss of private belongings, including, but not limited to, damage or loss caused by: (i) theft or snatching; (ii) NearGo Products and Services which you have ordered through the NearGo Platform(iii) Partners (or their authorised personnel) when providing Partner Products and Services which you have ordered through the NearGo Platform. You are advised not to keep your personal belongings unattended, including when you request a Partner to provide Partner Products and Services in your household or other premises.
By using the NearGo Platform, you agree to accept such risks and agree that NearGo is not responsible, and shall not be liable to you, for the acts or omissions of Users, Partners or any other Third Party.
You acknowledge that NearGo may have its own insurance coverage from which you may benefit. In the event thereof, you agree to provide proper notification of an insurance claim and accept the benefit of any insurance service provided at your own risk and you hereby acknowledge that NearGo is not acting as a broker in connection therewith, nor does it provide any guarantees, warranties or any other assurances in connection therewith.
Our collection and use of personal information in connection with the NearGo Platform and the Products and Services is as provided in our Privacy Policy that is located here.
By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialling systems (where allowed by and in compliance with local law).
Communications from NearGo and/or its Partners may include, but are not limited to: operational communications concerning your User Account or use of the NearGo Platform or Products and Services, updates concerning new and existing features on the NearGo Platform, communications concerning promotions run by us or our partners, and news concerning NearGo and industry developments.
Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you no longer wish to receive promotional or marketing-related communications, please contact legal@NearGo.com and/or review NearGo Privacy Policy for further information.
Unless otherwise specified, NearGo will, solely or with Partners or Third Parties, conduct all Competitions as described in this section. By entering or participating in a Competition, each Entrant agrees to these rules, as well as any separate additional specific terms that may apply to the Competition. When entering or participating in a Competition, an Entrant may be eligible for a Prize. NearGo may reject an entry at its own discretion, provided that such rejection will not conflict with applicable law.
The Prize is non-transferable, non-exchangeable and no cash alternative is offered. In the event of a Prize being unavailable, NearGo reserves the right to offer an alternative prize of equal or greater value if circumstances beyond NearGo control makes it necessary to do so. To the extent permitted by law, the Competition Winner will be responsible for any and all taxes incurred in relation to receipt of the Prize.
Participation in a Competition does not automatically mean that the Entrant will win a Prize. Competition Winners will be selected in line with the terms and conditions of the Competition. Reasonable efforts will be made to contact the Competition Winner, but if the Competition Winner cannot be contacted or fails to reply to NearGo communication within the communicated timeframe, NearGo reserves the right to offer the prize to the next eligible Entrant. NearGo will not be liable if the Prize does not reach the Competition Winner for reasons beyond the reasonable control of NearGo.
Neither NearGo , its Affiliates nor any Partners involved in a Competition accepts responsibility for any errors, omissions, interruptions, deletion, or unauthorized access to Competition entries, or entries lost or delayed whether or not arising as a result of server functions, virus, bugs, or other causes outside NearGo, its Affiliates’ and/or a Partner’s control. Neither NearGo , its Affiliates nor NearGo Partners shall be liable for any Loss suffered or incurred by you arising out of, or in connection with, the same. WITHOUT PREJUDICE TO THE FOREGOING, IN NO EVENT SHALL NEARGO’S, ITS AFFILIATES’ AND/OR A PARTNER’S TOTAL LIABILITY TO ANY ENTRANT FOR ALL LOSSES AND CAUSES OF ACTION IN CONNECTION WITH ANY COMPETITION OR ANY MATERIAL PUBLISHED IN RELATION TO A COMPETITION EXCEED FIVE UNITED STATES DOLLARS.
NearGo reserves the right to cancel or amend the Competition and any associated terms and conditions without liability at any time, for any reason, with or without notice. Any changes will be notified to the Entrants as soon as reasonably practicable. If these terms do not, or do not clearly, cater for a solution to any matter which may arise, then NearGo shall have the sole discretion to decide finally on any such matter. NearGo decisions on any aspect of the Competition is final and binding and no correspondence will be entered into about it.
a) Arbitration
You agree that all Disputes between you and NearGo in relation to the NearGo Platform and/or NearGo Products and Services will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of that party’s copyrights, trademarks, trade secrets, patents or other proprietary rights.
You acknowledge and agree that you and NearGo are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and NearGo agree in writing, the arbitrator may not consolidate more than one person’s claim and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this ‘Dispute Resolution’ section will be deemed void. Except as provided in the preceding sentence, this ‘Dispute Resolution’ section will survive any termination of the Terms. This ‘Dispute Resolution’ section applies to all Disputes between you and NearGo.
b) Arbitration Process and Rules
All Disputes shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Arbitration Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Arbitration Rules. The place of both mediation and arbitration shall be in the city in which NearGo has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any Third Party without the express written consent from the other party, unless: (i) the disclosure to the Third Party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the Third Party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
a) Rights of Third Parties
Subject to the remainder of this section, the Terms does not give rise to any rights for a Third Party to enforce any term of the Terms.
Apple Inc. and Google, Inc., and/or each of their applicable international subsidiaries and affiliates will be third-party beneficiaries to the Terms if you access the NearGo Platform using applications developed for Apple iOS or Android-powered mobile devices, respectively. These third-party beneficiaries are not parties to the Terms and are not responsible for the provision or support of the NearGo Platform in any manner. Your access to the NearGo Platform using these services or applications is subject to terms set forth in the applicable third-party beneficiary’s terms of service. You agree that you will comply with such terms of service at all times.
You agree that you are entering into the Terms for the benefit of NearGo and each of NearGo’s Affiliates. This means that NearGo and each of NearGo’s Affiliates is:
You acknowledge that, for these purposes, NearGo and each NearGo Affiliate shall be entitled to enforce the Terms against you as if references in the Terms to ‘NearGo’, ‘we’, ‘us’ and ‘our’ (and any similar terms) included a reference to NearGo and each NearGo Affiliate.
b) Waiver
A waiver of any right or remedy to which we may be entitled is only effective if we give the waiver in writing. A delay in exercising or failure to exercise, or the single or partial exercise of, any right or remedy to which we are entitled shall not waive that or any other right or remedy, nor shall it prevent or restrict us further exercising of that or any other right or remedy.
c) Claims of Copyright Infringement
Please email legal@neargo.ai if you think that any Content on the NearGo Platform infringes your copyright in any way. In the email, please indicate the exact URL where the Content is hosted and provide any other information that is in your possession that will enable us to assess and deal with your claim promptly.
d) Notice
We may give notice by means of a general notice on the NearGo Platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account.
You may give notice to us by written communication to NearGo’s email address at legal@neargo.ai.
e) Assignment and Transfer
You may not assign, transfer or otherwise deal in any manner with your rights and obligations under the Terms (in whole or in part), without our prior written approval.
You give your approval to NearGo assigning or transferring its rights and obligations under the Terms (in whole or in part) to any Third Party, including to: (i) an Affiliate; (ii) an acquirer of NearGo equity, business or assets; or (iii) a successor by merger.
f) Relationship
No joint venture, partnership, employment or agency relationship exists between you and NearGo as a result of the Terms or your use of the NearGo Platform.
g) Severability
If any provision of the Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of the Terms but the legality, validity and enforceability of the other provisions in the Terms shall not be affected.
In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of the Terms.
h) Entire Agreement
These Terms, together with any supplemental terms disclosed to you from time to time, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. You acknowledge that in entering into the Terms you do not rely on any statement, representation, assurance or warranty that is not set out in the Terms.
i) Choice of Law
The Terms are governed by, and shall be construed in accordance with, the laws of the jurisdiction in which the relevant NearGo Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.