DABADIGO TERMS OF USAGE

dabadigo site available at www.dabadigo.com [hereinafter referred to as ‘the Site’] and dabadigo Application [hereinafter referred to as ‘the App’] is/ are operated/ provided by Astrea Greentech Private Limited. The Terms of Use contained herein [hereinafter referred to as ‘Terms of Use’], apply to your visit to and use of the Site and the App, as well as to all information, recommendations and / or services provided to you on or through the Site, and the App and govern your access and use of the Services available through the App accessible via a mobile device. This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statues as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the ‘Confirm’ button, you are consenting to be bound by these Terms of Use.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE YOU USE THE APP/ THE SITE, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND ASTREA GREENTECH PRIVATE LIMITED. BY REGISTERING FOR, ACCESSING, AND/OR OTHERWISE USING THE APP AND/ OR THE SITE AND/ OR SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, INCLUDING ANY FUTURE MODIFICATIONS TO THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MUST NOT USE – AND ARE NOT AUTHORIZED TO USE – THE APP AND / OR THE SITE AND/ OR ANY SERVICES PROVIDED BY THE APP/ SITE. 

 

Your acceptance of the Terms of Use shall be deemed to include your acceptance of the privacy policy available at http://www.dabadigo.com/terms-of-use.

 

Definitions

 

“Account” shall mean the account created by the Customer on the App for availing services provided by Astrea Greentech Private Limited.

 

“App” shall mean the dabadigo mobile application available on Google Play Store.

 

“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.

 

“Astrea Greentech Private Limited” or “dabadigo” or “we” or “our” or “us” shall mean Astrea Greentech Private Limited a Private Limited Company incorporated under the provisions of the Companies Act and/or any statutory modifications thereto which expression shall unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.

 

“Business hours” shall mean the period of 8 a.m. to 8 p.m. during which time dabadigo points shall remain open for business.

 

“Customer”, “you” and “your” shall mean the registered user who has an Account on the App / Site and whose photograph, information, government issued photo ID and address proof was collected at the time of registration.

 

"dabadigo point" shall mean locations from which a dabadigo vehicle can be picked up and/or returned.

 

“Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Astrea Greentech Private Limited.

 

“Fee” shall mean the hourly fee or any other rates or discounts as applicable available in the Rate Card.

 

“Invoice” shall mean the invoice for Fees incurred (including all fees / fines as set out in these Terms of Use) provided to a customer at a dabadigo point at the time of return of the Vehicle.

 

“Rate Card” shall mean the dabadigo rate card, for use of the Services, which is in the menu section of the App.

 

“Registration Details” shall mean and include the present, valid, true and accurate name, email address, phone number and such other information as may be required by the App/ the Site from you from time to time for registration on the App.

 

“Services” shall mean facilitation of renting of self driven electric scooters or any other vehicles by Astrea Greentech Private Limited through the App.

 

“Site” shall mean the website www.dabadigo.com operated by Astrea Greentech Private Limited.

 

“Terms of Use” shall mean these dabadigo Terms of Use contained herein.

 

“Vehicle” shall mean the electric scooters or other vehicles provided on rental basis by Astrea Greentech Private Limited to the Customer.

 

Eligibility to avail services provided by the App

 

You will be eligible to use the App and / or Services provided by the App only if you fulfill all the following conditions:

 

  1. You are competent to enter into a legally binding contract under Applicable Laws;

  2. You have attained at least 18 years of age; and

  3. You have a government issued valid driving license, in case of Vehicles requiring the same under Applicable Laws.

 

If you do not qualify for the services under the eligibility criteria provided above, or cannot operate the Vehicle you are renting, do not attempt to register for the App and / or the Site and/ or use the Services.

If you reside in a jurisdiction that restricts the use of the Services provided by the App because of age, or restricts the ability to enter into contracts such as this Terms of Use due to age, you must abide by such age limit.

 

Registration and Account

 

You understand and acknowledge that you can register for the App only after complying with the requirements of this clause and by entering your Registration Details.

 

You shall ensure that the Registration Details provided by you are accurate, complete, current, valid and true and are updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Details provided by you.

 

You shall be required to furnish a government issued photo ID and an address proof to set up your Account. Any one of the following government issued photo ID’s can be presented by you for setting up your Account:

 

Aadhar Card

Voter ID

PAN Card

Passport

Driving License

 

Any one of the following address proofs can be presented by you for setting up your Account:

 

Aadhar Card

Voter ID

Passport

Driving License

Electricity Bill

 

You shall ensure that the government issued photo ID and address proof provided by you are accurate, complete, current, valid and true and updated from time to time. We shall bear no liability for false, incomplete, old or incorrect government issued photo ID and / or address proof.

 

You are solely responsible for maintaining the confidentiality of your Registration Details and will be liable for all activities and transactions that occur through your Account, whether initiated by you or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.

 

We reserve the right to suspend or terminate your Account with immediate effect and for an indefinite period, if we have reason to believe that the Registration Details or any other data provided by you is incorrect or false, or that the security of your Account has been compromised in any way, or for any other reason we may find just or equitable.

 

Except for the Registration Details or any other data submitted by you during use of the Services offered through the App [‘Permitted Information’], we do not want you to, and you should not, send any confidential or proprietary information to Astrea Greentech Private Limited,  unless as required by Applicable Laws. In accepting these Terms of Use you agree that any information or materials that you or individuals acting on your behalf provide to Astrea Greentech Private Limited other than Permitted Information will not be considered confidential or proprietary.

 

It is your responsibility to check and ensure that you download the correct application for your mobile device. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the App for your mobile device. We reserve the right to terminate the services provided by the App should you be using the App with an incompatible or unauthorized device.

 

We allow you to open only one Account in association with the Registration Details provided by you. In case of any unauthorized use of your Account please immediately reach us at info@dabadigo.com.

 

In case, you are unable to access your Account, please inform us at info@dabadigo.com and make a written request for blocking your Account. We will not be liable for any unauthorized transactions made through your Account prior to the expiry of 72 (seventy two) hours after you have made a request in writing for blocking your Account, and shall not have any liability in case of a Force Majeure Event.

 

Services

 

Astrea Greentech Private Limited facilitates the renting of self driven electric scooters or other vehicles through the App/ the Site. To avail of the Services, the Customer is required to download the App, enter Registration Details and provide a government issued photo ID and an address proof to set up an Account [as set out above]. The Account will need to be set up only once i.e. the first time the Customer rents the Vehicle.

 

After an account is set up, you can locate a dabadigo point near you and check whether a vehicle is available at the dabadigo point. If such Vehicle is available, you can collect the same at the dabadigo point and ride it to your destination.

 

You can avail of the Services on an hourly basis or on a daily basis.

 

If you chose to avail the Services on an hourly basis, you will be charged a Fee per hour (i.e. 60 minutes) in accordance with the terms of the Rate Card.

 

If you chose to avail the Services on a daily basis i.e. from 8:00 a.m. to 8 p.m., you will be charged a flat daily rate in accordance with the terms of the Rate Card. The daily rate is applicable for vehicles rented from 8:00 a.m. and returned to a dabadigo point before 8 p.m.

Keys to the Vehicle and a helmet will be provided to you at the time of renting the Vehicle from a dabadigo point. Wearing a helmet while using the Vehicle is mandatory under these Terms of Use and you shall not rent a Vehicle if you do not intend to wear a helmet.]You are required to wear a helmet at all times while using the Vehicle and Astrea Greentech Private Limited bears no liability for your failure to wear a helmet while using the Vehicle.

 

To return the vehicle, you must locate the nearest dabadigo point on the App and return the Vehicle before close of business hours. When you return the Vehicle at a dabadigo point, you shall be provided with an Invoice for the Services in the app. You shall make payment towards the said invoice at the time of returning the Vehicle at a dabadigo point.

 

In the event you are unable to return the Vehicle before close of Business Hours, you must inform dabadigo point of the same. In such an event, you are liable to pay a late fee of Rs.200/- [Rupees Two Hundred Only] per day, in addition to the daily/ hourly Fee. In the event you fail to return the Vehicle within a period of 3 (three) days from the date of renting the Vehicle, the Vehicle shall be considered stolen and we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-compliance of these Terms of Use, and in such event, your Account may be terminated by Astrea Greentech Private Limited.

 

The Vehicles are the property of Astrea Greentech Private Limited and/ or their franchisees and the Customer acquires no right/ title / interest/ ownership in the Vehicles on renting the same. The Vehicles are provided to the Customer strictly on a rental basis, on payment of Fee and in accordance with these Terms of Use.

 

By using the App/ the Site / the Services, you further agree that:

  1. You will only use the Services or download the App for your sole, personal use and will not resell or assign it to a third party;

  2. You will not use an account that is subject to any rights of a person other than you without appropriate authorization;

  3. You will not use the App/ the Site/ the Services for any unlawful purposes;

  4. You will not try to harm the App/ the Site/ the Services or our network in any way whatsoever;

  5. You will provide Astrea Greentech Private Limited with such information and documents which Astrea Greentech Private Limited may reasonably request;

  6. You will only use an authorized network to avail the Services;

  7. You are aware that when requesting our Services, data charges of the phone network service providers, will apply;

  8. You will comply with all Applicable Laws of your country of domicile and residence and the country, state and/ or city in which you are present while using the App/ the Site/ the Services; and

  9. You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

 

Astrea Greentech Private Limited reserves the right to immediately terminate the Services and use of the App in the event of not compliance with any of the above requirements. Further, Astrea Greentech Private Limited will store the information provided by you. You shall promptly inform Astrea Greentech Private Limited of any change in the information provided by you.

 

Astrea Greentech Private Limited will be entitled to process and transfer your information as and when it deems fit and it may store or transfer your information in a server outside India or the country where you are located in order to perform Astrea Solution’s obligations under these Terms of Use.

 

You agree to grant Astrea Greentech Private Limited a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. You agree and permit Astrea Greentech Private Limited to share your information and/ or Permitted Information, with third parties.

 

Astrea Greentech Private Limited will be entitled to enter into any tie up in terms of joint venture or otherwise with any other institution. In such case, depending upon the modality and mechanism that may be devised, you will be provided with the Services by Astrea Greentech Private Limited jointly and/ or severally with the party/ies in joint venture. You hereby give your irrevocable consent and permission to such a tie-up. In the event of such tie-up, the terms and conditions herein contained will mutatis mutandis, become applicable in respect of such tie-up arrangement also.

 

Payment

 

Astrea Greentech Private Limited shall charge a Fee for the Service which shall be determined and amended at the sole and absolute discretion of Astrea Greentech Private Limited. The Fee shall be payable by you to Astrea Greentech Private Limited and shall be informed to you.

 

By registering and opening an Account, you agree to pay the costs, charges, fees, expenses and the Fee as set out in the Rate Card [found in the menu section of the App] The costs, charges, fees and expenses set out in the Rate Card are not exhaustive and other specific fees, costs and charges may apply. Other applicable costs as may be applicable will be communicated to you.

 

You shall choose to pay for the Services by either of the following methods:

 

  1. PAYTM Wallet

  2. Credit Card/ Debit Card

  3. Cash – Cash payment can be made by you at the dabadigo point at the time of returning the Vehicle at a dabadigo point.

 

The first time you are using the Services, you shall make payment either through PAYTM wallet, credit card or debit card. Subsequent payments towards Services can be made to be made through PAYTM wallet, credit card, debit card or cash.

 

You shall be provided with an electronic Invoice at the dabadigo point at the time of return of the Vehicle. You shall make payment towards the Invoice at the time of returning the Vehicle.

 

You are under obligation to ensure that the account from which the amounts are to be collected have sufficient funds or credit available to cover any charges.

 

You are solely responsible for any associated application, bank or credit card charges or fees.

 

You may be charged a processing fee for a declined credit or debit card payment.

 

Any payment related issue, except when such issue is due to an error or fault in the Site/ the App, shall be resolved between you and the payment processor. Astrea Greentech Private Limited shall not be responsible for any unauthorized use of your PAYTM Wallet during or after availing the Services.

 

In the event you default on making any payments, Astrea Greentech Private Limited is entitled to charge the fees and/or any reminder fees, as the case may be and default interest in accordance with the provisions of the law. In addition, Astrea Greentech Private Limited may engage the services of third parties to collect amounts owed to Astrea Greentech Private Limited by you.

 

In the event you fail to pay applicable Fees as per the terms of the Rate Card, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the Fee, and in such event, your Account may be terminated by Astrea Greentech Private Limited.

 

Astrea Greentech Private Limited reserves the right to prohibit / block you from making a subsequent reservation until all outstanding fees in your Account have been cleared / paid in full.

 

In the event an additional Fee is incurred such as late fee, fee for losing helmet/ keys/ other accessories, and/ or any other fee as provided in these Terms of Use, the same shall be given to you as a separate paper invoice at the time of returning the Vehicle at a dabadigo point. You shall be required to make payment of the same at the time of returning the Vehicle. You shall thereafter be notified by email with detailed information about the charges and reason for levy of the same.

 

REFUND & CANCELLATION

 

In the event you cancel your booking, Astrea Greentech Private Limited shall not charge you any cancellation fee. In the event that the booking is cancelled by you on account of any fault/ failure in the Vehicle and / or any other fault failure on the part of Astrea Greentech Private Limited, Astrea Greentech Private Limited will refund the amount paid by you towards the Service.

NO SHOW

In the event you do not reach a dabadigo point within 15 minutes of booking start time, the booking would stand automatically cancelled. You can make another booking after a period of 10 minutes.

 

RETURN OF VEHICLE

 

The Vehicles must be returned to a dabadigo point before 8:00 p.m.

 

You must inform dabadigo point of your inability to return the Vehicle prior to close of business hours. In such an event, you are liable to pay a late fee of Rs.200/- [Rupees Two Hundred Only] per hour in addition to the daily/ hourly Fee.

 

In the event you fail to return the Vehicle within a period of 3 (three) days from the date of renting the Vehicle, the Vehicle shall be considered stolen and we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-compliance of these Terms of Use, and in such event, your Account may be terminated by Astrea Greentech Private Limited.

 

KEYS, HELMETS OR OTHER ACCESSORIES NOT RETURNED

In the event you fail to return the keys to the Vehicle and/ or the helmet and / or any other accessories provided by Astrea Greentech Private Limited, during business hours at a dabadigo point, Astrea Greentech Private Limited is entitled to charge you a fine of Rs.700/- [Rupees Seven Hundred Only] and cost of replacement of such keys/ helmet/ other accessories.

 

In the event you fail to pay the fine and/ or the cost of replacement, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine and / or replacement cost, and in such event, your Account may be terminated by Astrea Greentech Private Limited.

 

VEHICLE DAMAGE AND USER VIOLATION OF TERMS OF USE

 

Vehicle rented by you at a dabadigo point must be returned to a dabadigo point in the same condition in which it was rented. In the event the Vehicle is found to be in any manner damaged, a fee of upto Rs. 500/- [Rupees Five Hundred Only] will be charged by Astrea Greentech Private Limited to you. Any additional charges for repairing the vehicle over Rs.500/- [Rupees Five Hundred Only] shall be borne by Astrea Greentech Private Limited except in the following circumstances.

 

  1. In the event you are found to be under the influence of alcohol or any other intoxicant or in violation of Applicable law during a rental, you will be held liable for 100% of the vehicle damage bill as per the invoice received from the vehicle workshop.

  2. In the event You permit any third party to drive the Vehicle in your place, you will be held liable for 100% of the vehicle damage bill as per the invoice received from the vehicle workshop.

  3. If You are found to have driven the Vehicle in a rash, negligent or reckless manner, you will be held liable for 100% of the vehicle damage bill as per the invoice received from the vehicle workshop.

  4. If you knowingly break any traffic rules, you will be held liable for 100% of the vehicle damage bill as per the invoice received from the vehicle workshop.

In the event you are found to be involved in the activities set out above, you shall be liable to pay for damage caused to the Vehicle and we shall also have the right to terminate your Account. In the event you fail to pay for the damage, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the damage to vehicle or misbehaving as the case may be, and in such event, your Account may be terminated by Astrea Greentech Private Limited.

 

TRAFFIC AND PARKING VIOLATIONS

 

In the event any fine is imposed on you by the relevant authorities on account of traffic/ parking violations, you shall be solely liable to pay the same the relevant authorities.

In the event Astrea Greentech Private Limited is informed of any violation by you or required to pay a fine towards any violation by you by relevant authorities, Astrea Greentech Private Limited shall make such payment and shall recover the same from you.. In the event you fail to make payment towards the said fines to Astrea Greentech Private Limited, you shall be liable to make payment of Rs.500/- [Rupees Five Hundred Only] per month for every month that you fail to make payment.

TOWING AND IMPOUNDING

In the event the Vehicle is towed / impounded by relevant authorities, and such towing / impounding occurred as a result of a fault / failure of the Vehicle, Astrea Greentech Private Limited will bear the cost of having the Vehicle released from relevant authorities.

 

In the event the Vehicle is towed / impounded by relevant authorities, and such towing / impounding occurred as a result of your negligence / failure to adhere to Applicable Laws, you will be liable to bear the cost of having the Vehicle released from relevant authorities. In such cases, Astrea Greentech Private Limited shall have the Vehicle released from the relevant authorities and issue an invoice to you for payment towards the charges incurred.

COLLISION OR OTHER INCIDENT

 

If you are involved in an incident (including but not limited to a collision or misuse of the Vehicle) during the course of availing the Services / renting the Vehicle, you will be responsible for:

  1. In case of damages covered by insurance, an amount of Rs.500/- [Rupees Five Hundred Only]. The remaining amount shall be paid by the insurance company;

  2. In case of damages not covered by insurance, an invoice of the damages incurred shall be provided to you and you shall be liable to pay the same. All willful damages / damages due to negligence/ damages caused due to the rider speeding and / or being in any manner intoxicated, shall not be reimbursed by the insurance company.

If you are involved in a collision during the course of availing the Services / renting the Vehicle, you will be responsible for all towing and impounding charges associated with the said collision.

 

In the event you fail to pay for the damage caused on your account under this clause, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the damage to vehicle or misbehaving as the case may be, and in such event, your Account may be terminated by Astrea Greentech Private Limited.

 

DEATH/ INJURY TO PERSON OR DAMAGE TO PROPERTY

In case you cause death/ injury to yourself and/ or to any other person during the course of availing the Services/ renting the Vehicles, you shall be solely and absolutely responsible for the same. Astrea Greentech Private Limited is in no manner responsible for any injury caused to you and/ or to a third party, by you.

 

In case you cause damage to property during the course of availing the Services/ renting the Vehicles, you shall be solely and absolutely responsible for the same. Astrea Greentech Private Limited is in no manner responsible for any damage caused by you. 

 

TOLLS FEES

You shall be solely responsible for payment of all tolls, parking charges and other such applicable charges at the time they are due. Astrea Greentech Private Limited shall not, in any circumstances, be liable for payment of tolls and other such applicable charges.

FORCE MAJEURE

Astrea Greentech Private Limited shall not be liable for any failure to perform any obligations under these Terms of Use, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case Astrea Greentech Private Limited obligations under these Terms of Use shall be suspended for so long as the Force Majeure Event continues.

 

INDEMNIFICATION

By accepting these Terms of Use and using the Service, you agree that you shall defend, indemnify and hold Astrea Greentech Private Limited their affiliates, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these Terms of use or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party in connection with use of the Services; \or (c) Your use or misuse of the Site/ the App/ the Service.

 

LIMITATION OF LIABILITY

 

In no event shall Astrea Greentech Private Limited be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise, even if Astrea Greentech Private Limited has been advised of the possibility thereof.

 

In addition, and without limiting the foregoing, to the fullest extent permitted by Applicable Law, in no event will Astrea Greentech Private Limited’s aggregate liability arising out of or in connection with these user terms or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of Rs.1000/- [Rupees One Thousand only].

 

If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Astrea Greentech Private Limited shall be the minimum permitted under Applicable Law.

 

APPLICATION LICENSE

 

Subject to your compliance with these Terms of Use, Astrea Greentech Private Limited grants you a limited, revocable, non-exclusive, non-transferable and non sub licensable license to download and install a copy of the App on a single mobile device that you own or control and to run such copy of the App solely for your own personal use and to use the Site.

 

You shall not

  1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way;

  2. modify or make derivative works based upon the Service or Application;

  3. create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device;

  4. reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy any ideas, features, functions or graphics of the Service or Site, or

  5. Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.

 

You shall not:

  1. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;

  2. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;

  3. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

  4. interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or

  5. attempt to gain unauthorized access to the Site, the App or Service or its related systems or networks.

 

Astrea Greentech Private Limited will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Astrea Greentech Private Limited may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Astrea Greentech Private Limited has no obligation to monitor your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure your compliance with these Terms of Use, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. Astrea Greentech Private Limited reserves the right, at any time and without prior notice, to remove or disable access to any content that Astrea Greentech Private Limited, at its sole discretion, considers to be in violation of these Terms of use or otherwise harmful to the Site, the Service or App.

 

INTELLECTUAL PROPERTY OWNERSHIP

 

Astrea Greentech Private Limited alone owns all right, title and interest, including all related intellectual property rights, in and to

  1. the Site, the App and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations;

  2. text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or

  3. other information provided by you or any other party relating to the Site, the App or the Service.

 

Third party trademarks may appear on the Site/ the App/ the Vehicle and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, you need to get permission directly from the owner of the intellectual property for any use.

 

These Terms of Use do not constitute a sale and do not convey to you any rights of ownership in or related to the Site, the App or the Service, or any intellectual property rights owned by Astrea Greentech Private Limited. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ the App.

 

You may use information on the Site purposely made available by Astrea Greentech Private Limited for downloading from the Site, provided that You: (i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) do not make any additional representations or warranties relating to such information.

 

TERM AND TERMINATION OF LICENSE AGREEMENT

 

The agreement between Astrea Greentech Private Limited and You is perpetual in nature upon downloading the App and for Services availed through the Site.

 

You are entitled to terminate the agreement at all times by deletion of your Account, thus disabling the use by you of the Site.

 

Astrea Greentech Private Limited is entitled to terminate the agreement at all times and with immediate effect (by disabling your use of the Site and the Service) under any circumstances, including but not limited to: (a) on account of your violation or breach of any term of these Terms of Use, or (b) if in the opinion of Astrea Greentech Private Limited, you misuse the App or the Service. Astrea Greentech Private Limited is not obliged to give notice of the termination of the agreement in advance. After termination Astrea Greentech Private Limited will give notice thereof in accordance with these Terms of Use.

 

Termination of this agreement will not prejudice accrued rights of either Astrea Greentech Private Limited or you.

 

Clauses of (Indemnification), (Liability), (Application License), (Contents posted on Site/ Application ), (Intellectual Property Ownership), (Term and Termination), (Notice) and (Applicable Law and Dispute Resolution) and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these Terms of Use in accordance with their terms.

 

INVALIDITY OF ONE OR MORE PROVISIONS

 

The invalidity of any term of these Terms of Use shall not affect the validity of the other provisions of these Terms of Use.

 

CONFLICT

 

In the event of any contradiction or inconsistency between these Terms of Use and any other agreement executed between you and Astrea Greentech Private Limited, the terms of these Terms of Use shall prevail.

 

MODIFICATION OF THE TERMS OF USE

 

Astrea Greentech Private Limited reserves the right, at its sole discretion, to modify or replace, in part or full, any of the Terms of Use.

 

Astrea Greentech Private Limited shall not be required to notify you of any changes made to these Terms of Use. The revised Terms of Use shall be made available on the Site / the App. You are requested to regularly visit the Site / the App to view the most current Terms of Use. Astrea Greentech Private Limited may require you to provide your consent to the updated terms of Use in a specified manner prior to further use of the Site/ the App / the Services. If no such separate consent is sought, your continued use of the Site/ App/ the Services, following the changes to the Terms of Use, will constitute your acceptance of those changes. Your use of the Site/ the App/ the Services is subject to the most current version of the Terms of Use available on the Site/ the App at the time of such use.

 

NOTICE

 

Astrea Greentech Private Limited may give notice by means of a general notice on the Site or the App, or by electronic mail to your email address or a message on your registered mobile number, or by written communication sent by regular mail to your address in Astrea Greentech Private Limited records.

 

You may contact Astrea Greentech Private Limited by electronic mail at our email address info@dabadigo.com.

 

You may contact us on phone on +91 9748497683.

 

ASSIGNMENT

 

You shall not assign your rights under these Terms of Use without prior written approval of Astrea Greentech Private Limited. Astrea Greentech Private Limited can assign its rights under these Terms of Use.

 

APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms of Use are subject to the laws of India. In the event of any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site/ the App/ the Service, the parties shall attempt to resolve the same amicably, through negotiation and consultation. In the event the dispute is not resolved within a period of 30 days after the dispute having arisen, the same shall be referred to arbitration under the provisions of the Arbitration and Conciliation Act, 1996 as amended from time to time. The reference shall be made to a sole arbitrator to be appointed by Astrea Greentech Private Limited. The place of arbitration shall be Kolkata, West Bengal. The courts of Kolkata shall have exclusive jurisdiction.