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Terms and Conditions

EFFECTIVE FROM 1st, September 2022
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING, INSTALLING, OR USING THE PORTAL.
Updated on May 4, 2024 @ 15:30 hrs

1) DEFINITIONS

1.1. The term “Portal” shall be construed to mean and include the mobile application of MYLO1, the MYLO1 website, and/or the corporate dashboard for MYLO1.
1.2. “Services” shall refer collectively to the services provided by the Portal or by MYLO1.
1.3. “User”, “You” or “Your” refers to the user of the Portal or any person, natural or artificial, that accesses the Portal or any of the Services.
1.4. “MYLO1”, “We”, “Us” or “Our” refers to MobilityOne Technologies India Pvt. Ltd., a Private Limited registered under the Private Limited Companies Act, 2013, having its registered office at #Unit 110, 3rd Floor, Ganga House (Agarwal Plaza) CTS No.37, Village Hariyali, Vikhroli West, Mumbai City ,Maharashtra 400083

2) CONTRACTUAL RELATIONSHIP

2.1. The terms and conditions set forth herein govern Your access or use of the Portal or any of the Services and constitutes a legally binding agreement between You and MYLO1. By accessing, installing, or using the Portal or any Services, You agree to be bound by these terms and conditions (“Terms”) and Our Privacy Policy.
2.2. This agreement also applies to any legal entity which may be represented by You under actual or apparent authority. If You disagree with any part of the Terms and Conditions, You may not use this Portal in any way. In the case of any violation of these Terms and Conditions, MYLO1 reserves the right to seek all remedies available by law and in equity for such violations.

3) YOUR ACCOUNT

3.1. In order to access or use the Portal, or avail its Services, You shall be required to create a user account. You are responsible for maintaining the confidentiality of Your account details, the password, if any, or any other user credentials, such as the One-time password received by You on Your email or Your mobile number to enable Your access to and use of the Portal, and in the event that the User is a corporate entity, the unique code that is provided to You to enable Your access to and Use of the Portal (collectively “User Credentials”).
3.2. You shall be responsible for restricting access to Your computer or smartdevice to prevent unauthorized access to Your account. You agree to accept responsibility for all activities that occur under Your account. You should take all necessary steps to ensure that the User Credentials are kept confidential and secure and should inform Us immediately if You have any reason to believe that Your User Credentials have become known to anyone else, or if Your account is being, or is likely to be, used in an unauthorized manner.
3.3. Please ensure that the details You provide Us are accurate, correct, and complete and inform Us immediately of any changes to the information provided by You when registering. In case the User is an Individual, You agree and acknowledge that You will use Your account on the Portal and its services only for Your personal use and not for business purposes. You may possess only one Account, unless otherwise permitted by MYLO1.

4) USER OBLIGATIONS

4.1. User(s)/You means any individual or business entity/organization that legally operates in India, that uses and has the right to access and/or use the Services provided by MYLO1. The User agrees to be bound by the following obligations, including without limitation: a. You accept financial responsibility for all transactions made under Your name or account.
b. You must have legal capacity and, in case of individual, must be 18 years of age or over.
c. You warrant that all information provided by You about Yourself or anyone else is true and accurate.
d. This Portal shall not be used for speculative, false, or fraudulent bookings.
e. The transmission of threatening, defamatory, pornographic, political, or racist material or any material that is otherwise unlawful through this Portal is expressly prohibited.
f. Unauthorized use of this Portal may give rise to a claim for damages and/or be a criminal offence.
g. You may not, and You will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Portal software, whether in whole or in part, or create any derivative works from or of the Portal software.
h. You accept that failure to adhere to the above obligations may lead to legal action taken against you.

5) INFORMATION

5.1. The information and/or prices shown on this Portal may change from time to time. Whilst every effort is made to ensure the accuracy of all such information and prices, regrettably errors do occasionally occur.
5.2. You must therefore ensure You check all details of Your chosen travel arrangements (including the price) at the time of booking.
5.3. Arrival time at stops may vary due to traffic conditions. Passengers are requested to kindly cooperate.

6) PROPRIETARY CONTENT

6.1. We reserve the copyright and all proprietary rights in the Portal and all its content, including without limitation, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software therein or related thereto.
6.2. The material contained within the Portal is the property of MYLO1 unless identified as belonging to third parties. The name MYLO1 and any other marks, logos and graphics displayed on the Portal are proprietary trademarks of MYLO1.
6.3. Other company and product or service names displayed on the Portal may be the trademarks of their respective owners. You are not granted any right or license to use any trademarks. The Portal or any content therein may not be modified, copied, transmitted, distributed, sold, displayed, licensed, or reproduced in any way by You, except for personal, non-commercial use. MYLO1 may change any aspect of this Portal or its content, including the availability of any suppliers, features, information, database, or content.
6.4. Replicating or duplication of MYLO1 processes, design, IP for self-use and revenue generating, is restricted by law. Legal action against parties imitating or trying to copy the MYLO1 brand may imply.

7) THIRD PARTY SERVICES AND CONTENT

7.1. The Portal may make available or provide access to services that MYLO1 does not control. You acknowledge that different terms of use and privacy policies may apply to Your use of such third-party services and content. MYLO does not endorse such third-party content and shall in no way be liable for any products or services of such third-party providers.

8) PERSONAL INFORMATION

8.1. To obtain an Account Registration on and access the Portal, You will be required to submit to MYLO1 certain personal information, such as Your name, address, mobile phone number, and age. For booking any travel arrangement, You may also be required to submit at least one valid payment method and location. Having an invalid or expired payment method on file may result in Your inability to access and use the Services of MYLO1.
8.2. You are responsible for all activity that o
ccurs under Your Account, and You agree to maintain the security and secrecy of Your Account username, password, or other User Credentials at all times. In certain instances,
8.3. You may be asked to provide proof of identity to access or use the Portal or its services, and You agree that You may be denied access to or use of the Services if You refuse to provide proof of identity.

9) USER CONDUCT

During the course of Your utilization of the Services, you shall abide by the following: 9.1. You shall refrain from smoking or consuming any kind of intoxicants inside the vehicle. The driver has the right to refuse the pick-up or ask you to alight the vehicle if you are found to be in an intoxicated state or are found misbehaving with or disturbing other passengers or the driver or causing a nuisance.
9.2. You shall not litter inside the vehicle or soil, misuse, or damage the seats and/or any other interiors of the vehicle or any devices in the vehicle.
9.3. You shall not ask the driver to break any Traffic/RTO/City Police and/or government laws and rules for any purpose. The driver has the right to refuse such a request. The driver also has the right to refuse such a pick-up or ask such customer(s) to alight from the vehicle.
9.4. You shall not ask the driver to board any person not on the passenger list of the vehicle.
9.5. You shall not pressurize the driver to overload the space of the vehicle with luggage.
9.6. You agree that You shall comply with all applicable laws, including without limitation, any road and traffic rules, any rules and regulations relating to the maximum number of passengers or the quantity of luggage permissible in the vehicle, while using the Services.
9.7. You shall adhere to all COVID regulations as put in place by MYLO1 for the safety of the passengers. Failure to comply may lead to driver denying you entry in to the vehicle.
9.8. You may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience or property damage, whether to the Driver, the Vehicle or any other party. You will not harass customers or representatives of the MYLO1 brand and cause unnecessary stress. In case of any breach of the foregoing, MYLO1 reserves the right to deactivate or suspend the concerned account, with immediate effect and without prior notice of the same.

10) UNAVAILABILITY OF SERVICES

10.1. Our Services shall be non-operational on all national and bank holidays. MYLO1 reserves the right to deny access to the Portal at any time without notice.

11)RIDE CANCELLATION POLICY

In an event you are not able to take a particular ride, you can cancel the ride, keeping in mind the following:
11.1. Cancellation of Rides are eligible upto 30 mins prior to your boarding time mentioned on your pass
11.2. MYLO1 Cancellation and Refund Structure as of August 05.08.2023:
11.2.1 1 ride: Upto 90% refund per ride.
11.2.2 5 rides: Upto 90% refund per ride. (Can cancel 2 Rides only)
11.2.3 11 rides: Upto 90% refund per ride. (Can cancel 5 Rides only)
11.2.3 21 rides: Upto 100% refund per ride. (Can cancel 9 Rides only)
11.3. Rides cannot be cancelled post your boarding time mentioned on the ticket. If you trip time has passed, this trip is considered used

12)RIDE RESCHEDULE POLICY

12.1. Your rides can be Rescheduled up until 30 mins prior to stop timings mentioned on your pass.
12.2. You can reschedule a particular ride upto 3 times to any date and trip of your choice, with same start and end stops. First reschedule FREE, Remaining 2 chargeable at 3% of trip cost.
12.3. Rescheduled rides cannot be cancelled from August 05, 2023
12.4. Reschedule of rides may incur additional difference cost based on the trip, route and time selected.

13) LOSS OF ITEMS

13.1. In the event the User misplaces or loses any personal property in the vehicle during the course of utilizing the Services, We will try to locate the items on a "best-effort" basis but , We shall not responsible in any manner for any loss or damage.

14) PAYMENT

14.1. You hereby agree that any amount charged in consideration of the Services (“Charge”) shall become due and payable immediately before the commencement of the ride.
14.2. MYLO1 has the authority and reserves the right to determine and modify pricing by posting applicable Charges on the Portal.
14.3. Payment for travel arrangement once made shall not be refunded except in case of default in Services by MYLO1 itself, provided that such default is not rectified by MYLO1. You can email your concerns to hello@mylo1.com
14.4. You represent and warrant that You are legally and fully entitled to use any debit card, credit card, bank account, or any other mode that You may use to make payment of the Charges or to load funds into Your MYLO1 Wallet (“Wallet”). We shall not be held responsible in case You do not have sufficient funds or authorized access to use such payment modes to make payment for the Charges or load Your Wallet. As per Reserve Bank of India Regulations, the maximum amount of balance in the Wallet shall not exceed INR 50,000 (Rupees Fifty thousand).
14.5. In the event of cancellation of any travel arrangement booked on the Portal, the amount shall be refunded only in the Wallet of the account from which the booking was made and not in any other account, nor in User’s bank account.
14.6. Any amount paid into the Wallet cannot be cancelled or transferred to another account or be withdrawn in the form of cash or transferred to any bank account. Inactive users with balance amounts in the wallet for more than 6 months, will be forfeited from the balance wallet amount.
14.7. Any request for refunds or transfers from the Wallet to User’s bank account shall be entertained entirely at Our discretion. In the event that such transfer is approved by MYLO1, You hereby agree to bear any transaction and/or any other costs involved in such transaction or transfer (Consideration will only be given for amounts above Rs.2000 after application of 10% transaction and service charge)
14.8. Passengers opting for alternative transport solution is completely upto the discretion of the passenger, Fare borne for which is not covered by MYLO1. MYLO1 does not reimburse fares of other transport solutions used by MYLO1 passengers.

15) COMMUNICATION

15.1. By attempting to create or by creating an Account, You agree that MYLO1 may send You text messages or make calls to Your registered mobile number for providing any information or for the purposes of verification as part of the normal business operation and as a result of Your use of the Portal or the Services. As a User, you hereby consent to use of your contact information for marketing purposes and purposes allied to provision of Services, such as communicating to You regarding any discount coupons, promotions, and other relevant information.

16) NETWORK AND LOCATION ACCESS

16.1. You are responsible for obtaining the data network access necessary to use the Services.
16.2. Your mobile network’s data and messaging rates and fees may apply, and You shall be responsible for such rates and fees.
16.3. MYLO1 may, from time to time, require access to Your location as part of the normal business operation of Your use of the Services. You may deny MYLO1 such use of Your location. You acknowledge that such denial may impact Your use of the Services.

17) RESOLUTION OF DISPUTES

17.1. In case of any disputes or disagreement between the User and MYLO1 or any third party in relation to the Services provided by MYLO1, or any other issue arising directly or indirectly out of the User’s use of the Application and the Services provided thereunder (“Dispute”), a request for further investigation shall be raised to MYLO1 by writing to us on hello@mylo1.com, for the peaceful and mutual resolution for the same, and the details of such dispute shall be kept confidential until resolution is provided by MYLO1.
17.2. Users found scamming the system will be penalized by law. A fine of Rs.2000 will be implied for repeat offenders and profiles will be blacklisted from using the MYLO1 service.

18) GOVERNING LAW, ARBITRATION AND JURISDICTION

18.1. Access to the Portal is conditional on Your agreement that all information contained in it and all matters which arise between You and MYLO1 will be governed by Indian law. Any Dispute, conflict, claim, or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute will be dealt with exclusively by the Courts of Mumbai. In the event that such Dispute arises and is submitted to mediation or is sub-judice in the appropriate forum, You are hereby required to keep the details of the Dispute confidential until resolution is reached.

19) INDEMNITY

19.1. The User shall defend, indemnify and hold harmless MYLO1 from and against any or all liabilities, losses, charges and expenses (including legal fees and costs), claims, demands, actions and proceedings which We may incur or sustain directly or indirectly from or by reason of or in relation to the use or proposed use of the Services by the User.

20) WARRANTIES

20.1. No warranties promises and/or representations of any kind, express or implied, are given as to the accuracy of any of the information contained on this Portal or as to the nature, standard, suitability, performance, availability, merchantability or otherwise of any Services offered by Us or on Our behalf. MYLO1 makes no representation that the Services shall be uninterrupted, timely or error-free, or regarding the availability of a seat on any route. MYLO1 SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, NOT EXPRESSLY SET FORTH HEREIN.

21) NO LIABILITY

21.1. You are hereby informed that MYLO1 relies on third-party vendors/sub-vendors for the provision of the vehicles required to provide the Services. We shall not be responsible for the conduct of the drivers of the vehicle or the standard of the vehicle provided to you. However, We encourage you to notify us of any dissatisfaction or complaints that you may have regarding the Services, in writing and within 24 hours of the incident in question, in order to enable Us to improve Our Services. In the event of disruption of Services by reason of breakdown of vehicle, or for any other reason beyond the reasonable control of MYLO1, MYLO1 shall be notified of the same by the User at the earliest and MYLO1 shall be granted reasonable time to arrange for alternative transportation for completing the Services booked by the User. While MYLO1 shall take the utmost efforts to provide a speedy alternative, MYLO1 shall, in no way, be responsible for any loss or damage caused due to any delay in the provision of such alternative.
21.2. MYLO1 shall be entitled to the termination or cancellation of any booking at any time without giving any reason for the same and We shall not be liable for any loss or damage of any nature sustained by You as a result of such termination or cancellation.
21.3. You agree that the entire risk arising out of Your use of the Services remains solely with You, to the maximum extent permitted under applicable law and MYLO1 expressly disclaims all responsibility in case of any untoward incidents during the provision of Services to the User, including but not limited to loss of property, accidents, death, or incidents of molestation arising from the use of Services provided through the Application. MYLO1 will not be held responsible for any delay or failure to comply with Our obligations under these conditions if the delay or failure arises from any factor which is beyond Our reasonable control. We shall not be liable for Force Majeure events.
21.4. We shall expend due and reasonable care to ensure the smooth running of the Portal. Notwithstanding the foregoing, We shall not be responsible for any unavailability of the Portal, whether by reason of technical issues beyond our control, or otherwise.
21.5. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF WHATEVER NATURE (DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER) WHICH MAY ARISE AS A RESULT, DIRECTLY OR INDIRECTLY, FROM THE USE OF ANY OF THE SERVICES PROVIDED BY THE PORTAL, OR THE INFORMATION OR MATERIAL CONTAINED IN THIS PORTAL AND/OR USE OF OR ACCESS TO ANY OTHER INFORMATION OR MATERIAL VIA WEB LINKS FROM THIS PORTAL OR ANY INABILITY TO ACCESS OR USE THIS PORTAL or SERVICES.
21.6. These exclusions of liability apply only to the extent permitted by law and, except for information or material accessed via or supplied by an identified Third Party, where consistent with Our applicable booking conditions. If any of these exclusions, in whole or part, is found to be unlawful, void or for any other reason unenforceable, that exclusion or part of the exclusion shall be deemed severable and shall not affect the validity or enforceability of the other exclusion(s) or part(s) of the exclusion(s) in question.

22) LEGAL NOTICE

22.1. Access to any information on this Portal is conditional on Your acceptance of the Terms and Conditions. MYLO1 reserves the right to change or update the Terms and Conditions from time to time without prior notice to Users. The amended version of the Terms and Conditions will be displayed within the Portal from the date on which any changes come into effect. Continued use of the Portal following any changes to the Terms and Conditions shall constitute Your acceptance of such changes.