Terms and Conditions
The company, ‘Goodcarma Solutions Private Limited’ thanks all its customers for their agreement for participating in the beta version of its Mobile Application called ‘Nimble’. While being a business solution for itself, the company aims to contribute to the social responsibility of making the ever growing networks of the roads safe and accident free to the extent possible.
Following Terms and Conditions shall be binding on your participation as agreed. All customers, on agreeing to these terms and condition certify that they have read and accepted the terms and conditions to their satisfaction. The customer certifies that anyone else who is likely to use the customer’s mobile has also read and accepted these Terms and Conditions.
By downloading, browsing, accessing or using this mobile application (“Mobile Application”), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.
Irrespective of the ownership of the instrument or machine where on the said Mobile Application is resident and operating, the user of the Mobile Application whether being the owner of the instrument/ machine or otherwise shall be bound by the terms and conditions as enumerated below.
- Definitions: In these terms and conditions, unless the context otherwise requires, the definition of the following words shall mean as indicated:-
- Account means an account created by a Customer on the Mobile Application as part of Registration.
- App. or Mobile Application shall mean the Nimble Mobile Application.
- Customer(s) shall mean any named driver who uses the Mobile Application, whether being owner of the instrument.
- Company shall mean GoodCarma Solutions Private Limited.
- Data shall mean the information collected by the company from the customer in order to facilitate participation of such customer in Nimble.
Explanation - The information so described shall include personal details such as customer’s name, date of birth, email address and his/her driving behaviour besides the date, time, location, duration, speed, distance, start, finish and direction of travel, for each journey when the app. is switched on and in use in the customer’s vehicle.
- Discount code shall mean an alphanumeric number allocated as reward value to subsidize rewards gained by the customer. This will be applied once the customer has completed the minimum mileage as prescribed by the company. The discount policy is at company’s discretion and may be discontinued as per company’s reward policy
- Instrument shall mean any smartphone/ the communication device or devices onto which the app. is installed.
- Register means to create an Account on the Mobile Application and "Registration" means the act of creating such an Account.
- Services means all the services provided by the Company via the Mobile Application to the Customers, and "Service" means any one of them.
- Vehicle shall include a Scooter, Motorcycle, Car, Suv, Muv etc. used by the customer for the operation of the app.
GENERAL ISSUES ABOUT THE MOBILE APPLICATION AND THE SERVICES
- Applicability of terms and conditions: The use of any Services and/or the Mobile Application are subject to these Terms and Conditions of Use.
- Location: The Mobile Application and the Services are intended solely for use by Customers who access the Mobile Application in India. We make no representation that the Services (or any goods or services) are available or otherwise suitable for use outside of India. Notwithstanding the above, if you access the Mobile Application or use the Services from locations outside India, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
- Scope: The Mobile Application and the Services are for your non-commercial, personal use only and must not be used for business purposes
- Prevention on use: We reserve the right to prevent you from using the Mobile Application and the Service (or any part of them).
- Equipment and Networks: The provision of the Services and the Mobile Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile Application or the Services or make any Redemptions. To use the Mobile Application or Services, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
- Permission to use Mobile Application: If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile Application, you will be assumed to have received permission from the bill payer for using the Mobile Application.
- License to Use Material: By submitting any text or images (including photographs) (“Material”) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it.
You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to reproduce, host and publish the same content on the app. The content so posted on the app. by the customer if infringes upon the intellectual property rights or other proprietary or privacy rights of any third party or violates any of the laws in the India, the company shall not be held liable for the same and no legal suit shall be binding on it.
You agrees to accord the rights to the company to share the data collected from the app. on the his/her instrument between us and our suppliers or as and when required by the law for disclosure of such information or when required by the regulators of the company. We will also have the rights to share anonymous data received from the app. with the general public and other third parties.
LOCATION ALERTS AND NOTIFICATIONS
You agree to receive pre-programmed notifications (“Location Alerts”) on the Mobile Application if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).
- Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.
- Prohibitions in relation to usage of Services or Mobile Application: Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile Application:-
- to send or receive any material which is not civil or tasteful
- to send or post any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
- to send or post any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
- to send or post any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- to cause annoyance, inconvenience or needless anxiety;
- to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
- for a purpose other than which we have designed them or intended them to be used;
- for any fraudulent purpose;
- other than in conformance with accepted Internet practices and practices of any connected networks;
- in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or
- in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
- Prohibitions in relation to usage of Services, Mobile Application: Without limitation, you further undertake not to or permit anyone else to:-
- furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;
- attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
- execute any form of network monitoring which will intercept data not intended for you;
- enter into fraudulent interactions or transactions with us (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
- extract data from or hack into the Mobile Application;
- use the Services or Mobile Application in breach of these Terms and Conditions of Use;
- engage in any unlawful activity in connection with the use of the Mobile Application or the Services; or
- engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Mobile Application or Services.
RULES ABOUT USE OF THE SERVICE AND THE MOBILE APPLICATION
- The customer agrees that the information collected by the app. will also be used by suppliers of the company for research and analytical purposes during the active period of the app. However, after the use of the app. has been ceased by the customer, the information could be shared by the suppliers with any third party provided such information is anonymous and does not contain any of the personal information of the customer, thereby preventing referencing it to the customer directly.
- Data captured by the App.: Once the app. has been activated on the customers’ instrument, it will record and analyse data about the driving behaviour. The company and its suppliers will collect process and store this information securely, ensuring that it is protected in line with the best practices of the industry and other legal and regulatory requirements. The app. will capture and send customer’s specific location, direction and current speed amongst other factors to the supplier's server. The company will use the information to understand road type, road speed and other conditions relating to the customer’s journey. This information will be used to build up a profile of as to how, where and when the customer’s vehicle was driven. The company shall collect process and retain the customer’s data in accordance with the Information Technology Act, 2000 and the company’s policies on data Retention.
Driving data relating specifically to the customer will not be retained by the company for sharing with customers for longer than three years. In case the customer intends to sell/ transfer his instrument he/she may uninstall the app. to prevent subsequent use of any data.
- Use of Data collected from the App.: The data from the app. will be used for the purpose of assessing individuals driving behavior.
- Use of Telematics data by Suppliers: The information collected by the app. will also be used by Company and suppliers of the company for research and analytical purposes during the active period of the app. and also after the use of the app. has been ceased. Any information that the suppliers share with third parties onwards will be anonymous and will not contain any of the customer’s personal information. This shall prevent data or results being directly linked to the customer’s identity. Unless the usage of the app. has been stopped, our supplier will continue to use any ongoing data collected, for the following purposes:-
- Road and vehicle usage including for road safety issues, real time traffic flow, environmental impacts such as idle time at junctions, journey times, distances and speeds, and the analysis of junctions and the risk they represent;
- Driving behaviour analysis and profiling including determining what constitutes safe and dangerous driving and the typical behaviors of various segments of the Indian population;
- Analysis of the causes of, and forces involved in, collisions and other road incidents; and,
- Researching and refining techniques for analyzing motor vehicle telematics data.
- Data Charges: The app. is for use within India only. You will be required to disable the app. when traveling outside India to avoid levying of roaming charges. For details on data charges the customers may contact the mobile service providers. For the understanding of data charges we may consider a typical day's commute of 1 hour each way to work at 28mph. In such case approximately 4.2MB of data would be used, which could be equated to the size of an average sized digital photo. Costs are likely to vary depending upon the networks. However, the details of such provisions and levying of charges would otherwise be covered by many contracts. Customer may prevent the app. from using your data allowance by setting the data transmission on their instruments under the Help section to WiFi only. Or alternatively, since the app. is designed primarily for usage within India, the customer shall disable the app. when traveling outside India. The company shall not be liable for any roaming charges incurred as a result of the customer using the app. abroad.
- Uninstallation: if the customer does not wish that the company should continue to receive their data, he/she shall make sure that the App. is uninstalled.
- We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us.
- We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time.
- We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.
- We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile Application at any time.
- We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
SUSPENSION AND TERMINATION
- f you use (or anyone other than you, with your permission uses) the Mobile Application, any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Mobile Application.
- If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
- We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.
- In order to prevent and detect fraud the company may at any time:-
- Share the data and other information about customer with other organisations and public bodies including the police although the company shall only do so in compliance with the Information Technology Act, 2000
- Check and/or file details with fraud prevention agencies and databases and if the company is given false or inaccurate information and it identify fraud, it shall record this with these agencies and on these databases. The company and other organisations may also use and search these agencies and databases from the India and other countries to:
- Share information with other agencies regarding decisions about the provision and administration of insurance, credit and related services for customer and members of his/her household,
- Trace debtors or beneficiaries, recover debt, prevent fraud, and to manage customer accounts or insurance policies;
- Check customer’s identity to prevent money laundering, unless the customer’s provide the company with other satisfactory proof of identity.
- Share information with other organisations including international agencies for checking Mobile Applications, managing credits, checking insurance proposals, checking details of job applicants/ employees and for claims and other facilities including debt recovery.
- Share information with Police under sections 65-71 of the Information Technology Act 2000 subject to orders from the Courts.
- Without limitation to anything else in this Clause 7, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Mobile Application; (b) suspend your use of the Services and/or Mobile Application; and/or (c) suspend the use of the Services and/or Mobile Application for persons we believe to be connected (in whatever manner) to you, if:
- you commit any breach of these Terms and Conditions of Use;
- we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
- we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
- Our rights under this Clause 7 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
DISCLAIMER AND EXCLUSION OF LIABILITY
- The company shall not be held liable for any claims or litigation arising due to any road accident of the customer that results due to any reason while the app. was under use and operation. There shall be no dues liable from the company due to such accidents including where loss of life or injury or damage to property is subjected to any other party by the customer’s vehicle.
- The company shall not be held liable for any claims or litigation arising due to any damage or malfunctioning of the instrument whereon the app. is loaded and being operated whether the app. was being exploited or not during that time. There shall be no dues liable from the company due to such defect or damage to the instrument of the customer.
- The Mobile Application, the Services, the information on the Mobile Application and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
- To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, quality, accuracy, availability, non-infringement or implied warranties from course of dealing or usage.
- We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events
- The company shall not be liable for any data loss or damage to the electronics of the instrument due to attacks from malware, virus, worms etc. or hacking unless it is forensically established that the damage to the electronics is attributed to the App.
- While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness.
- We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
- We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
- The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
- Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.
- You agree that we may use our discretion to transfer our rights to another party as and when required and we shall have no liability what so ever towards you.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN and/or any identifier number allocated by us, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
INTELLECTUAL PROPERTY RIGHTS
- All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us.
- Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.
- We will not hesitate to take legal action against any unauthorised usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved.
- We may periodically make changes to the contents of the Mobile Application at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.
- We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
APPLICABLE LAW AND JURISDICTION
- The Mobile Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application both you and we agree that the laws of India, without regard to the conflicts of laws and principles thereof, will apply to all matters relating to the use of the Mobile Application.
- You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of Panchkula in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
ACCESS TO CUSTOMER’S INFORMATION
The customer has the right to see the information that company holds about the customer. This is called Subject Access Request. If the customer would like a copy of his/her information, they may write to the company on firstname.lastname@example.org. The delivery time on this would depend on the profile and would vary from 7-21 days. The company will not share any data older than 3 years from the date of request.
PROCEDURE FOR COMPLAINTS
Should there ever be an occasion when the customer feels that the company has failed to honor its promise; the company will do everything possible to ensure that customer’s complaint is dealt with quickly and fairly. If the customer has a complaint, he/she shall make an email to the company on email@example.com or firstname.lastname@example.org
CLARIFICATIONS AND FEEDBACKS
The company looks forward for communications from its customers and encourages feed backs. As part of the company’s policy on transparency, the customers could be facilitated with information on the names and addresses of the agencies it uses and coordinates with. The customers may contact the company at email@example.com or firstname.lastname@example.org