GooNearby is a Peer to Peer sharing app

List your car, bikes, bicycles and more, on GooNearby app now…

Registration takes as little as 5 minutes… Get started today.

Google Play App Store
Hand Mockup

Terms of Use

AS ON OCTOBER 10, 2019.

PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS PLATFORM YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THE PLATFORM.THIS DOCUMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AS THE USER(S) OF THE PLATFORM (REFERRED TO AS “YOU”. “YOUR” OR “USER” HEREINAFTER AND ROOT TECHNOLOGIES (BASED IN INDIA) ENTITY LISTED IN CLAUSE 1 BELOW (REFERRED TO AS “WE”, “OUR” OR “GooNearby” HEREINAFTER).


1 ACCEPTANCE

2 DESCRIPTION OF SERVICE AND CONTENT POLICY

3 CONDUCT

4 POSTING AGENTS

5 PAID SERVICE

6 ACCESS TO THE SERVICE

7 GOVERNING LAW AND JURISDICTION

8 ELIGIBILITY

9 INTELLECTUAL PROPERTY RIGHTS

10 TRANSACTIONS BETWEEN USERS AND USER SUBMISSIONS

11 INDEMNITY

12 NO SPAM POLICY

13 LIMITATION AND TERMINATION OF SERVICE

14 DISCLAIMER OF WARRANTIES

15 LIABILITIES

16 ASSIGNMENT

17 GENERAL

18 VIOLATION OF TERMS

19 PRIVACY POLICY

20 GRIEVANCE

1 ACCEPTANCE

Root Technologies, based in India and its affiliates and/or branches (hereinafter together "GooNearby") provide a collection of online resources which include classified listings/postings/advertisements (collectively, the "Service") on the mobile application/app GooNearby(the “Platform”).

The Platform and the Service are provided to you subject to these GooNearby Terms of Use (these "Terms"). For the purpose of the Terms and wherever the context so requires, the terms "you" and "your" shall mean any person who uses or accesses, whether through manual or automated means, the Platform or the Service in any manner whatsoever including persons browsing the Platform and its content, posting comments or any content or responding to any advertisements or content on the Platform. By using the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at GooNearby’s sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with GooNearby or the Service in any way, your only choice is to immediately discontinue use of GooNearby. These Terms may be updated by Goonearby at any time at its sole discretion. GooNearby may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is for your convenience only and that the English version governs the terms of your relationship with GooNearby. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall govern.

You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with GooNearby.

2 DESCRIPTION OF SERVICE AND CONTENT POLICY

A. GooNearby is the Platform for online classifieds. We act as a venue to allow our users who comply with these Terms to share and rent products and services listed on the Platform. Although you may be able to conduct payment and other transactions through the Platform, using third-party vendors and as such GooNearby is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that GooNearby is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk.

B. You understand that GooNearby does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside GooNearby’s domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service ("Content"), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will GooNearby be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that GooNearby cannot and does not pre-screen or approve any Content, but that GooNearby has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to GooNearby’s knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to GooNearby. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. GooNearby makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and GooNearby disclaims all liability thereto.

C. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize GooNearby to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to GooNearby an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and GooNearby's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by GooNearby in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to GooNearby all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, GooNearby may offer the facility of automatically capturing of the "Description" of your ad based on the images uploaded by you. GooNearby makes no warranty the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your ad is live. You also hereby grant each user of the Platform (a) a non-exclusive license to access your Content through the Platform, and (b) the right to contact you with regard to the Content posted by you through private chat or any other means. The foregoing license to each user granted by you terminates once you or GooNearby remove or delete such Content from the Platform. Further, you grant GooNearby the right to make available your Content to any third party in connection with the transaction contemplated in your classified listing/posting/advertisement.

D. GooNearby does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and GooNearby expressly disclaims any and all liability in connection with User Content. GooNearby does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and GooNearby may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. GooNearby reserves the right to remove any Content without prior notice. GooNearby may also terminate a user's access to the Platform if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Platform more than twice. Further, at its sole discretion, GooNearby reserves the right to decide whether any Content is appropriate and complies with these Terms.

3 CONDUCT

You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Platform, or otherwise make available Content:

i. that violates any law or regulation;

ii. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant GooNearby all of the license rights granted herein;

iii. that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);

iv. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;

v. that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

vi. that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.

vii. that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;

viii. that includes personal or identifying information about another person without that person's explicit consent;

ix. that impersonates any person or entity, including, but not limited to, a GooNearby employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;

x. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

xi. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;

xiii. that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to GooNearby users who have requested not to be contacted about other services, products or commercial interests;

xiv. that includes links to commercial services or Third Party Websites, except as specifically allowed by GooNearby;

xv. that advertises any illegal services or the sharing or renting of any items the sharing or renting of which is prohibited or restricted by applicable law, including without limitation items the sharing or renting of which is prohibited or regulated by applicable law;

xvi. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;

xvii. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

xviii. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

xix. contact anyone who has asked not to be contacted, or makes unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third party website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;

xx. make any libelous or defamatory comments or postings to or against anyone;

xxi. collect personal data about other users or entities for commercial or unlawful purposes;

xxii. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org).

xxiii. post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;

xxiv. post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;

xxv. attempt to gain unauthorized access to computer systems owned or controlled by GooNearby or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.

xxvi. use any form of automated device or computer program that enables the use of GooNearby's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.

xxvii. use any automated device or software that enables the submission of automatic postings on GooNearby without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or

xxviii. Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Platform, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.

4 POSTING AGENTS

As used herein, the term "Posting Agent" refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. GooNearby prohibits the use of Posting Agents, directly or indirectly, without the express written permission of GooNearby. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from GooNearby.

5 PAID SERVICES

Currently GooNearby do not have any paid services for Users.

6 ACCESS TO THE SERVICE

GooNearby grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by GooNearby or as otherwise set forth in these Terms. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). You are also permitted to create a hyperlink to the home page of the Platform so long as the link does not portray GooNearby, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from GooNearby.

7 GOVERNING LAW AND JURISDICTION

The Terms, listing policy and privacy policy and the relationship between you and GooNearby shall be governed and construed in accordance with the laws of Republic of India and the courts at Mumbai shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Platform, without regard to any conflict of laws, rules or principles. All International laws including but not limited to United Nation’s conventions, are expressly excluded. To the extent that any court suit or proceeding is permitted under the Terms, you and GooNearby agree to submit to the personal and exclusive jurisdiction of the Mumbai courts for the purpose of litigating all such disputes.

8 ELIGIBILITY

This Platform is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors, i.e. users of under 18 years of age, are only allowed to access the Platform and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, if you are Citizens of Republic of India, you affirm that you are over the age of 18 and persons who can enter into a legally binding contract, and are not barred by any law for the time being in force.

9 INTELLECTUAL PROPERTY RIGHTS

GooNearby is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform content. You acknowledge and agree that the materials on the Platform, other than the User Content that you licensed under Section 2(C) of the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to GooNearby, and are subject to copyright and other intellectual property rights under Indian laws foreign laws and international treaties and/or conventions. In connection with the Services, the Platform may display certain trademarks belonging to third parties. Use of these trademarks may be subject to the license granted by third parties to GooNearby. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Platform are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. GooNearbyreserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Platform or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. The content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. GooNearby is a trademark registered under Indian laws.
GooNearby is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items listed or advertised on the site, by end users or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to GooNearby together with a request to GooNearby to delete the relevant Content in good faith in the claims of infringement form available link to notification of claim form for ip.

10 TRANSATION BETWEEN USERS AND USER SUBMISSIONS

You acknowledge and agree that Goonearby shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that GooNearby shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Platform, or between users and any third party, you understand and agree that GooNearby is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release GooNearby, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
You understand that when using the Platform, you will be exposed to Content from a variety of sources and that GooNearby is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GooNearby with respect thereto.

11 INDEMNITY

You agree to defend, indemnify and hold harmless GooNearby, its officers, subsidiaries, affiliates, successors, assigns, owner, proprietor, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Platform and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Platform.

12 NO SPAM POLICY

Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of GooNearby computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

13 LIMITATION AND TERMINATION OF SERVICE

You acknowledge and agree that GooNearby may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, or other Content that may be transmitted or stored by the Service, and the frequency and the manner in which you may access the Service or the Platform. You acknowledge that your account is identified and linked through your mobile number or email address through which you have registered. In the event you have more than one account linked through your mobile number or email address, GooNearby reserves the right to remove or restrict the usage of such duplicate accounts. You acknowledge and agree that GooNearby has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. You acknowledge and agree that GooNearby reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice and that GooNeary shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that GooNearby, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or mobile number or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if GooNearby believes that you have violated these Terms. Further, you agree that GooNearby shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination.

14 DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW GooNearby, ITS OFFICERS, OWNER, PROPRIETOR, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. GooNearby MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. GooNearby DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GooNearby WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE SHARING OR RENTING OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

15 LIABILITY

IN NO EVENT SHALL GooNearby, ITS OFFICERS, PROPRIETOR, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GooNearby HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE GooNearbyPLATFORM. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GooNearby SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO ₹20.00.
THE PLATFORM IS CONTROLLED AND OFFERED BY GooNearby. GooNearby MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
YOU AND GooNearby AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLEY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUT HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION OR IN ANY PROCEEDINGS IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF GooNeary AND ALL PARTIES TO SUCH PROCEEDING.

16 ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GooNearby without restriction. Any assignment or transfer by you shall be null and void.

17 GENERAL

These Terms and the other policies posted on the Platform constitute the complete and exclusive understanding and agreement between you and GooNearby and govern your use of the Service and the Platform superseding all prior understandings, proposals, agreements, and discussions between the parties, whether written or oral. We operate from India, and we make no representation that the Service and the Platform are appropriate or available for use in other locations.The failure of GooNearby to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE PLATFORM MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT GooNearby MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER INDIAN LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.

18 VIOLATION OF TERMS

Please report any violations of the Terms that you become aware of by contacting us using the SUBMIT option in the Platform (app). Any failure to act by GooNearby with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.

19 PRIVACY POLICY

GooNearby is responsible for the collection, use, and retention of personal information as per data protection laws of the Republic of India.
GooNearby app is a mobile application platform (“Platform”) which facilitates sharing or renting of goods and services between Users and allows the Users to communicate with each other directly either through direct messaging or through the mobile application itself without any kind of intervention from GooNearby. GooNearby recognizes the importance of privacy as well as the importance of maintaining the confidentiality of personal information. This privacy policy statement will inform you how GooNearby may collect, use and disclose information in relation to Users of the platform. Please read privacy policy statement carefully before using our services.
Root Technologies is the data controller for the information you provide or is collected through this Platform.
In this privacy statement:
Services mean any products, services, content, features, technologies, or functions, and all related websites, applications, and services offered to you by us.
Platform means the websites, mobile apps, mobile sites or other online properties through which we offer our Services.

i) What data do we collect about you?

a. Data provided through direct interactions
Registration and other account information

When you register to use our Services, we may collect your mobile number if you register using your mobile number.
Depending on the choices you make during the log-in to our Services or during the process of engaging our Services, you may opt to give the following additional personal data:

• your name;

• e-mail address;

• mobile number;

• your age;

• about you;

Communication through the chat feature on our Platform

When you use our chat feature to communicate with other users, we collect information that you choose to provide to other users through this feature.
b. Data we collect automatically when you use our Services
When you interact with our Platform or use our Services, we automatically collect the following information about you:

Device Information

We collect device-specific information such as operating system version, unique identifiers. For example, the name of the mobile network that you are using. We associate the device identifiers with your GooNearby account.

Location information

Depending on your device permissions, if you post an item on our Platform, we automatically collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, Wi-Fi access points and mobile towers. Your location data allows you to see user items near you and helps you in posting items within your location. In case we need your location data we will first show you a pop-up which will ask you to choose to allow or not to allow us to access your location data. If you do not allow us to have access to your location data, you will still be able to use our Services but with limited functionality. If you do allow us to access your location data you can always change this later by going to the settings on your mobile or App (our Platform) and disable the permissions related to location sharing.

Client and Log data

Technical details, including the Internet Protocol (IP) address of your device, time zone, and operating system. We will also store your login information (registration date, date of last password change, date of last successful login), type and version of your browser.

Clickstream data

We collect information about your activity on our Platform which includes the sites from which you accessed our Platform, date and time stamp of each visit, searches you have performed, listings or advertisement banners you clicked, your interaction with such advertisements or listings, duration of your visit and the order in which you visit the content on our Platform.

Cookies

We use cookies to manage our users’ sessions, to store your preferences language selection and deliver you relevant advertisements. "Cookies" are small text files transferred by a web server to the hard drive of your device. Cookies may be used to collect the date and time of your visit, your browsing history, your preferences, and your username. You can set your browser to refuse all or some cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Services/Platform may become inaccessible or not function properly. For more information on the cookies we use, please see our Policy on Cookies.

ii) Why do we process your personal information?

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests to improve our Services and to provide you with a safe and secure Platform.
• Where we need to comply with a legal or regulatory obligation.
In certain circumstances, we may also process your personal data based on your consent. If we do this, we will let you know the purpose and the category of personal data to be processed at the time we seek your consent. We have set out below a description of the ways we use your personal data, [and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate].

For providing access and delivering Services through our Platform

If you log in using your mobile number or email id, we use your first name and last name, mobile number and/or e-mail address to identify you as a user and provide access to our Platform.
• the above log-information data is also used by us to deliver our Services to you in accordance with our Terms of Use.
• We use your e-mail address and mobile number (by SMS) to make suggestions and recommendations to you about our Services that may be of interest to you.
We process the above information for the adequate performance of our contract with you and on the basis of our legitimate interest in undertaking marketing activities to offer you Services that may be of your interest.

For improving your experience on the Platform and developing new functionalities of the Platform

We use clickstream data to
• offer you tailored content, such as giving you more relevant search results when using our Services.
• to determine how much time you spend on our Platform and in what manner you navigate through our Platform in order to understand your interests and to improve our Services based on this data. For example, we may provide you with suggestions on content that you can visit based on the contents you have clicked.
• to monitor and report the effectiveness of the campaign delivery to our business partners and for internal business analysis.
We use your location data for the following purposes:
• to compile anonymous and aggregated information about the characteristics and behaviour of GooNearby users, including for the purposes of business analysis, segmentation and development of anonymous profiles.
• to enhance the performance of our Services and to personalise the content we direct towards you. For example - with the help of location data we display ad listings which are in your vicinity to improve your buying experience.
• to measure and monitor your interaction with the third-party advertisements banners we place on our Platform.
With the help of your log-in information which includes your email ID and phone number, we map the different devices (such as desktop, mobile, tablets) used by you to access our Platform. This allows us to associate your activity on our Platform across devices and helps us in providing you a seamless experience no matter which device you use. We process the above information on the basis of our legitimate interest to improve your experience on our Platform and for the adequate performance of our contract with you.

To provide you with a safe and secure Platform

We use your mobile number, log data and unique device identifiers to administer and protect our Platform (including troubleshooting, data analysis, testing, fraud prevention, system maintenance, support, reporting and hosting of data).
We analyse your communications done through our chat feature for fraud prevention and to promote safety by blocking spam or abusive messages that may have been sent to you by any other user.
We process the above information for adequate performance of our contract with you, to improve our services and on the basis of our legitimate interest to prevent fraud.

How will we inform you about changes in our privacy statement?

We may amend this privacy statement from time to time. We will post changes on this page and will let you know through our Platform. If you do not agree with the changes, you may delete your account by going to account setting and select delete account.

Your right to request erasure

You have the right to delete or remove your personal databy reviewing your profile page on the app (Platform).

Communication and marketing

We will communicate with you by email, SMS or in app notification in connection with our Services/Platform to confirm your registration, to inform you in case your ad listing has become live/expired and for other transactional messages in relation to our Services. As it is imperative for us to provide you such transactional messages you may not be able to opt -out of such messages.
• have requested such information from us; • use our Platform or Services; • provided us with your details when you entered a competition; or • registered for a promotion.

Who do we share your data with?

We may have to share your personal data with the parties set out below for the purposes set out in section 2 above in this privacy policy.
Corporate Affiliates: We may share your data with other GooNearby group companies which are located within as well as outside India and help us in providing business operation services such as product enhancements, customer support and fraud detection mechanism.
Third Party Service Providers: We use third party service providers to help us deliver certain aspect of our Services for example, cloud storage facilities.
Advertising and analytics providers: In order to improve our Services, we will sometimes share your non-identifiable information with analytics providers that help us analyse how people are using our Platform/Service. We, share your information with them in non-identifiable form for monitoring and reporting the effectiveness of the campaign delivery to our business partners and for internal business analysis. For further details about our advertisers and analytics providers please refer to our Policy for Cookies.
Law enforcement authorities, regulators and others: We may disclose your personal data to law enforcement authorities, regulators, governmental or public bodies and other relevant third parties to comply with any legal or regulatory requirements.
We may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy statement.
Publicly available information: When you post an item for sharing or renting using our Services, you may choose to make certain personal information visible to other GooNearby users. This may include your first name, last name, your email address, your age, your location and your contact number. Please note, any information you provide to other users can always be shared by them with others so please exercise discretion in this respect.

Where do we store your data and for how long?

The data we collect about you will be stored and processed in secure servers in order to provide the best possible user experience. For example – for a fast website or mobile application build up.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Technical and organisational measures and processing security

All the information we receive about you are stored on secure servers and we have employed commercially reasonable security methods to prevent unauthorized access to the Platform, to maintain data accuracy and to ensure the correct use of the information GooNearby hold. GooNearby evaluates the security of its network and adequacy of its internal information security program which is designed to (a) help secure your data against accidental or unlawful loss, access or disclosure, (b) identify reasonably foreseeable risks to the security of the GooNearby network, and (c) minimize security risks, including through risk assessment and regular testing.
Please note, despite the measures we have implemented to protect your data, the transfer of data through the Internet or other open networks is never completely secure and there is a risk that your personal data may be accessed by unauthorized third parties. As a result, while GooNearby try to protect the information GooNearby hold, GooNearby cannot gurantee the security of any information User transmit to GooNearby and Users do so at their own risk.

Minors

The platform and its contents are not targeted to minors (those under the age of 18). However, GooNearby have no way of distinguishing the age of individuals who access our platform. If a minor has provided GooNearby with personal information without parental or guardian consent, the parent or guardian should contact GooNearby atreport@goonearby.comfor removal or delete of account.

Links to third-party websites

Our Platform may contain links to third party websites or apps. If you click on one of these links, please note that each one will have its own privacy policy. We do not control these websites/apps and are not responsible for those policies. When you leave our Platform, we encourage you to read the privacy notice of every website you visit.

Your Consent

By using Goonearby app (the “Platform”) and/or by providing your information, you consent to the collection and use of the information you disclose on the GooNearby app in accordance with this Privacy Policy, including but not limited to Your consent for sharing your information as per this privacy policy.

Disclosures

On rare occasions, we may be required to disclose your personal information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your personal information as required in order to comply with our legal obligations, including but not limited to complying with court orders and warrants. We may also disclose information about users to law enforcement officers. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section.

Grievance

In case of any grievances, you can write to us at report@goonearby.com