Terms and Conditions for use of KOGO

Introduction

Welcome to KOGO (being the KOGO mobile app, the KOGO Device also known as the KOGObot, the website or any third party platforms through which KOGO is provided) (together,"KOGO" or "KOGO Platforms") provided by Kogo Tech Labs Private Limited, ("Company").

Any service rendered to you ("User") through KOGO Platforms, by itself or a third party including but not limited to information about the services, products, photographs of the products and/or services, terms and conditions, transactions that may be implemented through KOGO Platforms, purchase of the services, performance of the services and all other services in relation thereto ("Services"), shall be subject to and you are deemed to have accepted these terms and conditions ("Terms and Conditions"). The Terms and Conditions together with the terms and conditions contained in the"Privacy Policy" and the explorer agreement executed between the User and the Company ("Explorer Agreement"), if applicable, shall constitute an agreement between the User and the Company ("User Agreement") and govern your use of the KOGO Platforms. By using KOGO Platforms you agree to be bound by and comply with the terms and conditions of the User Agreement, including specifically the Terms and Conditions contained herein. In the event of any conflict between the provisions of the Explorer Agreement, if applicable, and this Terms and Conditions, the provisions contained in the Explorer Agreement shall prevail. If you are not agreeable to any of the terms and conditions of the User Agreement, please do not use or view KOGO Platforms.

All Service(s) and information displayed on the KOGO Platforms constitute an “invitation to offer”. Your order for availing Service(s) constitutes your “offer” which shall be subject to the Terms and Conditions as listed below. The Company reserves the right to accept or reject your offer. Our acceptance of your order shall take place upon rendering of the Service(s) ordered by you on the KOGO Platforms. No act or omission by the Company prior to our rendering of the Service(s) shall constitute acceptance of your offer.

User Eligibility

Use of KOGO Platforms is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, i.e. persons below the age of eighteen (18) years are not eligible to use the KOGO Platforms. If you are below the age of eighteen (18) years of age, you affirmatively represent that you have the consent of your parent(s)/legal guardian(s) to use the KOGO Platforms.

The Company reserves the right to terminate your account and refuse to continue providing you with access to KOGO Platforms, including but not limited to the Services, if the Company discovers that you are under the age of eighteen (18) years or "incompetent to contract" within the meaning of the Indian Contract Act, 1872. The KOGO Platforms is not available to persons whose accounts have been suspended or terminated by the Company for any reason whatsoever. Unless otherwise specified, the materials on the KOGO Platforms are directed solely at those who access the KOGO Platforms from India. Those who choose to access the KOGO Platforms from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. The Company shall render the Services purchased only within the territory stated in the description of Services in the KOGO Platforms ("Territory") and shall not be liable to perform any Service(s) outside the Territory.

Account and Registration Obligations

When you register (voluntarily or automatically) on the KOGO Platforms or enroll under any of the various travel related endeavours which may be called‘The Million Kilometre Road Trip’, ‘KTM Academy’, ‘Ride for Good’, ‘Skim the Waves’, ‘Surf the Clouds’, ‘History the Mystery’ etc.under a broad umbrella initiative called the‘Master KOGO Explorers Program’("Program"), you shall create a username and a password ("Your Account"). You are solely responsible for any use of the Service with Your Account.

"Your Information" is defined as any information you provide to us in the registration, purchasing and/or use of the Service(s), through any e-mail feature, blog, etc. and any information that is provided to us by any third parties including but not limited to any personal or medical information.

You also understand and agree:

1. To provide true, accurate, current and complete information about yourself as prompted by the KOGO Platforms registration form (such information being the"Registration Data").
2. To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, the Company has the right to indefinitely suspend or terminate Your Account and refuse to provide you with access to the KOGO Platforms and/or cease to render any of the Service(s) to you, without any further obligations under this User Agreement or any other terms and conditions whether provided on the KOGO Platforms or otherwise.
3. That you authorize the Company to use Your Information and Comments or Your Content (defined below), as may be required from time to time, in relation to fulfilling its continuing obligations.
4. That you consent for third parties who have Your Information, to provide Your Information to the Company, in relation to fulfilling its continuing obligations.
5. That any calls made to the Company by you in relation to the Services being provided may be recorded.
6. That any of Your Information may be used by the Company in preparing reports, recommendations, conclusions, and/or documentations and Your Information (without any identifiable information) may be shared along with other users’ information as part of an analysis, study, report, recommendation, conclusion, or as part of other results of the Service(s).

Payments

In the event you are required to pay for the Service(s), you may do so by paying the requisite fee for availing the Services

Credit Card / Debit Card / Net Banking Details

Please note that the credit card / debit card / net banking / UPI / wallet payment gateway is maintained, operated and processed by RAZORPAY payment gateway. You agree and acknowledge that the Company bears no responsibility for payment made by credit card /debit card /net banking to avail the Service(s) through the KOGO Platforms. The Company is not liable for any actions under these payment mechanisms.

You agree, understand and confirm that the credit card / debit card / net banking / UPI / wallet details provided by you for availing of the Service(s) through the KOGO Platforms shall be correct and accurate and you shall not use the credit card / debit card / net banking / UPI / wallet account which is not lawfully owned by you, i.e. in a credit card / debit card / net banking / UPI / wallet transaction, you must use your own credit card / debit card / net banking / UPI / wallet account. You further agree and undertake to provide the correct and valid credit card / debit card / net banking / UPI / wallet account to the Company. Further, the said information will not be utilized and shared by the Company with any third parties unless required for fraud verifications or by law, regulation or court order. The Company shall not be liable for any credit card / debit card / net banking / UPI / wallet account fraud. The liability for use of a credit card / debit card / net banking / UPI / wallet account fraudulently shall be on you and the onus to “prove otherwise” shall be exclusively on you.

Fraudulent / Declined Transactions

The Company reserves the right to recover the cost of the Service(s), collection charges and lawyer fees from you if you are found using a credit card / debit card / net banking account / UPI / wallet / any means of payment, the Service(s) and/or the KOGO Platforms fraudulently. In such an event, the Company reserves the right to initiate legal proceedings against you for fraudulent use of the KOGO Platforms and any other unlawful acts or acts or omissions in breach of these Terms and Conditions. You hereby indemnify the Company against any costs, damages, claims or other demands in relation to violation of any of your obligations under the Terms and Conditions.

Pricing

The Company has taken all due care to ensure accurate description of the Service(s) and pricing information on the KOGO Platforms. However, there may be pricing or typographical errors. The Company does not and cannot confirm the price of the Service(s) until after you place an order to avail such Service(s) through the KOGO Platforms. In the event that a Service(s) is listed at an incorrect price or with incorrect information due to an error in pricing or Service(s) information, the Company shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Service(s). In the event that a Service(s) is incorrectly priced, the Company may, at its discretion, either contact you for instructions or cancel your order to avail such Service(s) and notify you of such cancellation. The Company shall have the right to modify the price of such Service(s) and contact you for further instructions using the e-mail address provided by you as part of the Registration Data, or cancel the order and notify you of such cancellation.

Your order for the Service(s) shall be debited to your credit card / debit card / net banking / UPI / wallet account and duly notified to you by e-mail that the payment has been processed, without prejudice to the right of the Company to accept or reject the offer. If the Company has to cancel the order after it has processed the payment, the said amount will be refunded to you. In the event due to some unforeseen circumstances, the Company has to withdraw the Service(s) after commencing the same, it shall refund the amounts in relation to such Service(s).

Prices and availability of the Service(s) are subject to change without notice.

Electronic Communications

When you visit the KOGO Platforms or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, SMS, phone calls or by posting notices on the KOGO Platforms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you will update your e-mail address and other contact details regularly. If the Company is desirous of sending a communication by e-mail, it shall send it to your e-mail address available on its records and it shall be deemed to have been received by you once it is reflected as sent in the outbox of the Company’s relevant e-mail ID.

You agree and confirm:

1. That in the event that you are unable to receive the Service(s) on account of an inaccuracy or mistake by you (i.e., including but not limited to you providing us with a wrong name, number or email address or any other wrong information) and any inconvenience or delay that ensues are a result of such mistake, shall not be the Company’s liability and losses incurred by the Company as a result of such inaccuracy or mistake may be claimed from you.
2. That you shall use the Service(s) rendered by the Company, its affiliates, consultants, third party service providers and contracted companies, for lawful purposes only and comply with the Terms and Conditions, all applicable laws and regulations while using any of the Services and using the KOGO Platforms including but not limited to transacting on the KOGO Platforms.
3. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation, your details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and debar you from using the KOGO Platforms without prior intimation whatsoever.
4. That you are accessing the KOGO Platforms and using the Service(s) at your sole risk and are using your best and prudent judgment before using any Service(s) or entering into any transaction through the KOGO Platforms.
5. That before using any Service, you will check the Service description carefully. By using a Service, you agree to be bound by the conditions of such service that may be included in the Service’s description.
6. All Your Information collected will be used by the Company to contact you via phone, SMS or email for marketing and to deliver certain updates for Services or information you have requested.

You shall not use the KOGO Platforms for any of the following purposes:

1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal offence; results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
3. Gaining unauthorized access to other computer systems.
4. Interfering with any other person’s use or enjoyment of the KOGO Platforms.
5. Breaching any applicable laws.
6. Interfering or disrupting networks or web sites connected to the KOGO Platforms.
7. Reproducing or distributing content, accessing content for unlawful use and/or selling the acquired content. “Content” shall include any content acquired from the KOGO Platforms, whether directly or through a link including intellectual property, whether protected under copyright, trade mark or not, available and accessible on the KOGO Platforms, and includes the Services offered on the KOGO Platforms.
8. Making, transmitting or storing electronic copies of materials protected by copyright without the written permission of the Company.
9. Accessing or trying to access any account other than Your Account.

When you register (voluntarily or automatically) on Challenges or enrol under any of the various travel related endeavours which may be called ‘Kogo Tripathon’, “ Wild Ride Challenge’, ‘Distance Challenge’ etc. under a broad umbrella initiative called ‘KOGO Challenges ’("Challenges"), You are solely responsible for any use of the Service with Your Account.

You Understand and Agree:

1. That You have chosen to participate in the KOGO Challenges published on the KOGO voluntarily.
2. Definition : In this Agreement, the term "Challenges" shall include but is not limited to: riding tours, adventure tours, ATV tours, mountain biking, hiking, mountaineering, walks, climbing, swimming, boating, guided fishing, ice climbing and all activities, services and use of facilities either provided by or arranged by KOGO including orientation and instructional sessions or classes, transportation, accommodation, food and beverage, water supply, rescue and first aid services, and all travel by or movement around vehicles (motorised or otherwise) and foot.
3. The term “Organiser(s)” shall include Kogo Tech Labs Pvt. Ltd. their directors, officers, employees, guides, agents, independent contractors, subcontractors, volunteers, representatives, successors and assigns (all of whom are hereinafter collectively referred to as “KOGO”. The scope of services is derived exclusively from the Challenges description that is valid at the time of participation (listed on website/app/third party booking sites/offline brochures etc.) All services that are not specifically listed as included are not included in the Challenges.
4. Fit to Participate: You understand that all of the Challenges are strictly voluntary and that KOGO does not make a determination of your fitness. You hereby declare that you are reasonably fit to embark in this Challenges as described in the information received. Failure to disclose relevant information may result in harm to yourself and/or others during an event. You represent and warrant that You are in a fit state pertaining to Your medical, mental, and physical condition related to Your participation in the Challenges. You agree to assume and bear the costs of all risks that may be created, directly or indirectly, by any medical condition that You may have. You also understand that blatant refusal or failure to follow safety recommendations or actions on Your part that endanger or gravely disturb other members of the challenge and may lead to your removal from the challenge. Discretion is left entirely to KOGO to determine whether and when removal is appropriate.
5. Acknowledgement Safety and Risk:You acknowledge that You have to wear safety equipment while participating in the Challenges as per applicable law. You acknowledge that You must not be under the influence of drugs or alcohol while participating in the Challenges. You understand that participation in the Challenges may entail known and unanticipated risks that could result in injury or damages to You, to property, or to third parties. You acknowledge that such risk may not be eliminated without jeopardizing the essential qualities of the Challenges. While reasonable measures (such as site inspections and planning of best routes possible, safety briefings and recommendations) will be taken, accidents may occur. The risks of these challenges include traffic accidents, physical injuries, and, in extreme cases, even death. These may be caused by falls, collisions and close contact with others and fixed objects and vehicles. You acknowledge this risk in the challenges that You will embark on. . You are aware that KOGO may be unable to predict with certainty if the terrain or weather is safe for use or travel. Communication in the some cases may be difficult, and in the event of an accident or illness, rescue, medical treatment and evacuation may not be available or may be delayed.
6. Non-Scheduled or Emergency Evacuation, Rescue or First Aid: You acknowledge and agree that all expenses associated with non-scheduled or emergency evacuation, rescue or first aid will be Your responsibility and will not be covered by KOGO.
7. Document Declaration:You declare that You have a valid driving license (where applicable), , vehicle insurance (where applicable), medical and travel insurance.
8. Photographs:You agree that KOGO may use, re-use and reproduce any images, photos or videos that You send, or that are taken by their staff and/or other travellers of You individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without Your right to inspection, for promoting and publicizing tour, travel products and services worldwide
9. Release of liability, waiver of claims and indemnity agreement:In consideration of KOGO allowing You to participate in Challenges as defined in this Challenges Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, You hereby agree as follows:
   1. To waive any and all claims that You have or may in the future have against KOGO and to release KOGO from any and all liability for any loss, damage, expense or injury including death that You may suffer, or that Your next of kin may suffer as a result of Your participation in the Challenges, due to any cause whatsoever, including negligence, breach of contract, or from the risks, dangers and hazards of the activities referred to above;
   2. You agree to hold harmless and indemnify KOGO, and release, defend, indemnify, and hold KOGO and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with access to or use of the Site, Application, Services, or Your violation of these Terms, booking of a Group Challenges, creation of a Listing or the use, condition or quality of an Group Challenges, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking a Tour.
   3. This Agreement shall be effective and binding upon Your heirs, next of kin, executors, administrators, assigns and representatives, in the event of Your death or incapacity;
   4. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Republic of India and no other jurisdiction; and Any litigation involving the parties to this Agreement shall be brought solely within the jurisdiction of New Delhi.
   5. You confirm that You have read and understood this agreement and You are aware that by agreeing to this agreement You are waiving certain legal rights which You or Your heirs, next of kin, executors, administrators, assigns and representatives may have against KOGO.

Modification of the User Agreement

The Company reserves the right at any time to modify the terms and conditions of the User Agreement. Whenever we make any changes to this terms and conditions that are important for you to know about, we will post the updated terms and conditions at this link and notify you via KOGO or other means before the change becomes effective.You can access the latest version of the User Agreement at any given time on this Application/ Website addresswww.kogotrips.com.You are responsible to review the terms and conditions of the User Agreement on the KOGO Platforms, for any updates/changes. In the event the modified terms and conditions of the User Agreement are not acceptable to you, you should discontinue using the Service(s) and any other services offered on and/or through the KOGO Platforms. However, if you continue to use the Service(s), you shall be deemed to have agreed to accept and abide by the modified terms and conditions of the User Agreement.

The User Agreement shall be construed in accordance with the applicable laws of India. The courts at Delhi, India shall have sole and exclusive jurisdiction in any proceedings arising out of this User Agreement.

Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The number of arbitrators shall be three (3): one each nominated by you and the Company and the third arbitrator chosen by the two (2) arbitrators so nominated. The above arbitration shall be conducted in English and the arbitration shall be held in Delhi, India.

Reviews, Feedback, Submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or through the KOGO Platforms or otherwise disclosed, submitted or offered in connection with your use of the KOGO Platforms or use of the Service(s) (collectively, the"Comments" or"Your Content") shall be and remain the Company property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the submissions disclosed, submitted feedback, suggestions, ideas, Your Content. Thus, the Company owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any of Your Content. The Company shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any of Your Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. The Company is and shall be under no obligation: (1) to maintain any of Your Content in confidence; (2) to pay you any compensation for any of Your Content; and/or (3) to respond to any of Your Content. You agree that any of Your Content submitted by you to the KOGO Platforms shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity, including the Company. You further agree that no Comments or Your Content submitted by you to the KOGO Platforms shall be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. The Company may not regularly review Your Content, but does reserve the right (but not the obligation) to monitor and edit or remove any of Your Content. You grant the Company the right to use the name that you submit in connection with any of Your Content. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments or Your Content you submit. You are and shall remain solely responsible for the content of any of Your Content you make and you agree to indemnify the Company, its affiliates, service providers and third parties, for all claims resulting from any of Your Content you submit. The Company and its affiliates take no responsibility and assume no liability for any of Your Content submitted by you or any third party.

Intellectual Property Rights

You agree and confirm that:

1. You hereby grant to the Company in perpetuity, the sole and exclusive worldwide right to utilize, use, sell, license, sub-license and/or commercially exploit, in any manner possible, all material presented on the KOGO Platforms (including but not limited to the Content, graphical images, text, video clips, reprographics, sounds, demos, patches, other files and Deliverables and all proprietary rights arising out of such Deliverables, or participation in the Routes, morefully defined in the Explorer Agreement (“IP”).
2. Unless otherwise expressly stated, the IP is owned by or licensed to the Company and/or its affiliates and is protected or covered by copyright, trade mark, intellectual property law and/or other proprietary rights.
3. You shall not display, print or download extracts from the KOGO Platforms, whether for your personal or non-personal use, and you shall not commercialise any IP in any way.
4. You shall not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the KOGO Platforms.
5. Unless with our prior written permission, no part of the KOGO Platforms shall be reproduced or transmitted to or stored in any other website, nor shall any of its pages or part thereof be disseminated in any electronic or non-electronic form.
6. Nothing on the KOGO Platforms or your use of the Service(s) shall be construed as conferring on you or any party, any licence or other rights under the intellectual property or other proprietary rights of the Company, its affiliates or any third party, whether implied or otherwise.
7. The Company bears no responsibility for claims relating to infringement of any intellectual property rights in relation to the Service(s) and/or their content.
8. References on the KOGO Platforms to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, information, product or service. The Company is not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk.

The following terms and conditions, apart from the above general terms and conditions on Intellectual Property Rights, shall apply to the Explorer, morefully defined in the Explorer Agreement

1. In consideration of the payment of the fees to the Explorer as agreed by the Explorer Agreement, the Explorer agrees that all rights, title and interest (including all intellectual property rights, across the world and without any limitation), in any and all Work Products (as defined below) conceived, created or made, fully or in part (whether alone or in conjunction with others,) by Explorer in the course of provision of the Deliverables pursuant to the Explorer Agreement, shall belong solely and exclusively to the Company.
2. Explorer shall disclose all Work Products conceived, created or made by Explorer to the Company’s nominated officer. To the extent that such ownership does not automatically vest in the Company under applicable law, the Work Product(s) shall on conception, creation or making, stand automatically and absolutely assigned to the Company and the Work Products shall be the sole and exclusive property of the Company.
3. Explorer hereby agrees to execute and register documents, and do whatever else may be necessary (as may be determined by the Company in its discretion and at the cost of the Company), even after Explorer’s engagement pursuant to the Explorer Agreement has ended, to further confirm the above ownership rights in favour of the Company and Explorer agrees to co-operate with the Company in this regard.
4. If, by operation of law, Explorer is deemed to retain any rights in and to any intellectual property created in the course of providing the Deliverables pursuant to the Explorer Agreement, Explorer, to the extent that any such rights conflict with any assignment of rights made by Explorer to the Company hereunder, hereby waives all such rights.
5. Explorer agrees that it shall not use any Work Product for the benefit of any party other than the Company and shall treat the details of the same as the Confidential Information of the Company.
6. “Work Product” means any and all ‘Deliverables’ in which copyright subsists and any invention, materials, design, discovery, ideas, know-how, techniques, methods, processes, uses, products, services or other intellectual property, and improvements made to any of the above, conceived, created or made fully or in part by Explorer (whether alone or in conjunction with others; regardless of the form of embodiment and whether or not the Company uses, registers, or markets the same) in the course of providing the Deliverables or using any resources or information provided by the Company. For the purposes of clarity, this clause governs Work Product only under the Program as defined under the Explorer Agreement.
7. The Explorer may also use photos/videos of prior trips by providing due credit to the Company, the program / endeavours and its Program Partners on his personal handles and platforms.
8. The Explorer understands that the Company and its Partners will have the right to use images/videos of the Explorer as well as images/videos taken by the Explorer as deemed suitable for promotion or any other campaigns in perpetuity and without any monetary compensation to the Explorer in this regard.
9. The Explorer confirms that he does not have any right to share or exploit the Deliverables with any third parties in any manner whatsoever.

The defined terms referred to in the above provisions of this Term and Conditions shall have the same meaning as provided in the Explorer Agreement.

Objectionable Material

You agree to use this the KOGO Platforms and the Service(s) at your sole risk and that to the fullest extent permitted under applicable law, the Company shall have no liability to you for the Service(s) that may be deemed offensive, indecent, or objectionable to you.

Indemnity

By accessing the KOGO Platforms, you agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation, loss of service by other users of the KOGO Platforms and infringement of intellectual property or other rights or in relation to any claims arising due to providing Your Information. This clause shall survive the expiry or termination of the User Agreement.
Any minor or major injury, temporary or permanent disability or death caused, directly or indirectly due any bookings or rides or tours undertaken by You, either to Yourself or third parties, (which You agree may be dangerous and thereby assume full responsibility, acknowledging the risk involved), at any time before, during and after a Route.

The following terms and conditions, apart from the above general terms and conditions on Indemnity, shall apply to the Explorer, morefully defined in the Explorer Agreement

You hereby undertakes to indemnify, defend and hold harmless the Company, its affiliates, other explorers, sponsors, advertisers, consultants, officers, directors, managers, service crews, motorcycle / car owner(s), employees and agents (“Indemnified Parties”) from and against all claims, damages, losses and expenses, including all medical, hospitalization and insurance costs of any nature, court costs and reasonable fees and expenses of attorneys, expert witnesses and other professionals, arising out of or resulting from:

1. Any action by a third party against the Indemnified Parties that is based on any unlawful act, negligent act, material omission or wilful misconduct of the Explorer and which results in: (i) any bodily injury, sickness, disease or death to any personnel of the Company or any third party; (ii) any injury or destruction to tangible or intangible property or any loss of use resulting thereof; or, (iii) any violation of any statute, ordinance, or regulation;
2. Any loss or damage to any vehicle, merchandise, safety gear and equipment provided by the Company or organised by the Company while in the custody of the Explorer, including the property belonging to third parties due to the acts or omissions of the Explorer, before, during and/or after completion of any Route or otherwise;
3. Any loss, damage or prejudice suffered by any of the Indemnified Parties due to breach by the Explorer of any applicable laws, bye-laws, regulations and/or guidelines;
4. Any misrepresentation of any representation or warranty of the Explorer under the Explorer Agreement or otherwise, or any breach of the provisions of the Explorer Agreement by the Explorer; and
5. Any minor or major injury, temporary or permanent disability or death caused, directly or indirectly due to the nature of the Program, either to the Explorer or third party, (which the Explorer agrees may be dangerous and thereby assumes full responsibility, acknowledging the risk involved), at any time before, during and after a Route.The defined terms referred to in the above provisions of this Term and Conditions shall have the same meaning as provided in the Explorer Agreement.

Termination

In the case of you availing any Service(s) on the KOGO Platforms, the User Agreement shall stand terminated upon you having availed the Service(s).

The Company may, at its sole discretion, terminate your registration or restrict your access to certain parts of the Service(s), if there is an indication that you have breached the User Agreement or if you have not signed into Your Account with your username in the past one hundred eighty (180) days. Such termination shall be without any liability to the Company. Upon any termination / expiry of the User Agreement, you must promptly destroy all materials downloaded or otherwise obtained from the KOGO Platforms, as well as all copies of such materials, whether made under the User Agreement or otherwise. The Company’s right to any Comments and/or Your Information shall survive any termination of the User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the Service(s) already availed or affect any liability that may have arisen under the User Agreement.

Consequent to termination, you shall not have access to the Service(s) rendered on the KOGO Platforms unless otherwise agreed or permitted by the Company in writing.

Services

You understand and agree that the Company shall only provide you with the deliverables (as part of the Services) as purchased by you from the Company.

In the event you do not agree to the terms and conditions of the User Agreement, do not use and/or purchase the Service(s). You acknowledge that the Company may also be using third party vendors (“Service Provider(s)”) to provide you the Service(s). The Company shall in no event be responsible for any consequences due to the actions of the Service Providers or any third party providing the Service(s).

The Company shall under no circumstance interpret or offer opinions on any of the data made available to it. You represent and warrant to the Company that you have given your prior consent to disclose Your Information to the Company either directly or through permitting the Company to collect the same from the Service Provider(s), third parties etc. and you agree to indemnify the Company, its employees, its representatives from any and all claims, damages, etc. made in this regard.

Force Majeure

The Company shall in no event be liable for non-performance (either in whole or in part) or delay in its performance of its obligations, if caused by unpredictable failures of carrier/base service providers (GPRS, GPS, etc.), adverse weather conditions, strikes/lockdowns (bandhs), industrial strikes, war, acts of God, acts of terrorism, floods, earthquakes or civil disturbance, or such other threatened or actual circumstance which in each case could not reasonably be foreseen and is beyond the reasonable control of the Company.

Disclaimers and Limitation of Liability

The KOGO Platforms is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the KOGO Platforms and the Services. The Company shall not be responsible in any manner whatsoever for any damage, errors or omissions or for the results obtained from the use of the Services or for any technical problems you may experience with the KOGO Platforms. The Company shall not be liable in any form or manner whatsoever for the products and Services and the intellectual property rights in relation to the products and Services on the KOGO Platforms.

You understand and agree that the Services are being provided as guidelines to you and you must use your own discretion and judgement in using the information and services. Further, you understand and agree that the Services and the information that forms part of the Service(s) shall be for informational purpose only.

These disclaimers constitute an essential part of the User Agreement.

To the fullest extent permitted under applicable law, the Company and its vendors shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the KOGO Platforms, the Service(s), the use of the products / services or the User Agreement. Without prejudice to the generality of the foregoing, the total liability of the Company to you for all liabilities arising out of the User Agreement be it in tort or contract is limited to the value of the Service purchased by you.

KOGO Platforms Security

You are prohibited from violating or attempting to violate the security of the KOGO Platforms, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the KOGO Platforms, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the KOGO Platforms or any activity being conducted on the KOGO Platforms. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the KOGO Platforms other than the search engine and search agents available from the Company on the KOGO Platforms and other than generally available third party web browsers (e.g. Microsoft Explorer).

Entire Agreement

If any part of the User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, the User Agreement constitutes the entire agreement between you and the Company with respect to the Service(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Service(s). The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Order of Priority

If there is any conflict between these Terms and Conditions and the Privacy Policy, the provisions of these Terms and Conditions shall prevail. However, where there are additional terms and conditions specifically provided for a particular product or service, such additional terms and conditions shall, unless they conflict with the Terms and Conditions, will also be deemed to be applicable.

Personal Data

The Privacy Policy and the provisions in these Terms and Conditions govern use of your personal data.

Last Updated : 02 January 2021