EZGO Platform (collectively "EZGO", "we" or "us") collects information about you when you use our mobile applications, (Services) and through other interactions and communications you have with us. This privacy policy sets out the basis on which any information, including any personal data, we collect from you, or you provide to us, will be processed by EZGO. Each time you access or use the Services or provide us with information, by doing so you are accepting and consenting to the practices described in this privacy policy.
This privacy policy applies to persons anywhere in the world who access or use our Services (Users) as well as to drivers, partner transportation companies, or any other persons who use the EZGO platform under license (collectively service provider (s)).
Information You Provide to Us
We collect information you provide directly to us through your access or use of the EZGO, such as when you create or modify your account, request on-demand services, or otherwise communicate with us. This information may include: your name, email address, phone number, postal address, profile picture, and other information you choose to provide.
Please note that we do not knowingly collect, keep or maintain personal information from children under the age of 18 through EZGO, as we require that all users represent to us that they are at least 18 years old.
Information We Collect Through Your Use of Our Services
When you use EZGO, we collect personal information (i.e. (Personal Information) information that could be used to contact you directly such as full name, postal address, phone number, or email address) and demographic information (i.e. information that you submit, or that we collect, that is not personal information; this may include, but is not limited to, post code, hometown, gender, username, device information, including the type of mobile device you use, a unique device identifier (for example, your device's IMEI number, the MAC address of the device's wireless network interface, or the mobile phone number used by the device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, device location, IP address, SMS data, transaction information, age/birth date, browsing history information, searching history information, and registration history information)
We also use GPS technology to determine your current location. Some of our location-enabled feature require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose.
We may also receive information from other sources and combine that with Personal Data we receive from you or collect through EZGO. For example:
The terms and conditions (The Terms) laid down hereby constitute a legally binding and enforceable agreement (The Agreement), by and between, you and EZGO ("we" "us" "our"). By accessing and/or using our services you explicitly agree to the terms therefore instituting a contractual relationship. If you do not agree to these Terms you may not be able to access or use the services. These Terms expressly supersede prior agreements or arrangements with you. We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason without prior notice.
We reserve the right to amend these terms from time to time, which will be in effect as soon as the updated terms are posted on mobile application available to the general public. Your continued access or use of EZGO after such posting constitutes your consent to be bound by this Agreement, as amended. By using EZGO you agree to these General Terms and any policies referenced within (policies), including terms that limit our liability and require individual arbitration for any potential legal dispute.
Subject to your compliance with this Agreement, We grant you a limited, revocable, non-exclusive, non-sub-licensable, non-transferrable license to: (i) access and use EZGO on your personal device solely in connection with your use of the services made available; and (ii) access and use any content, information and related materials that may be made available through the platform, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by us and our licensors.
We reserve that all our rights therein shall remain our property or the property of our licensors. Neither this Agreement nor your use of EZGO convey or grant to you any rights: (i) in or related to EZGO except for the limited license granted above; or (ii) to use or reference in any manner our brand names, logos, product and service names, trademarks or services marks or those of our licensors.
We may make software updates to the services available to you, which you must install to continue using the services. Any such software update may be subject to additional terms made known to the user and service providers at that time.
We are the owner or the licensee of all (registered and unregistered) intellectual property rights in EZGO's Apps, and in the material published on it other than any third-party intellectual property rights.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on EZGO's Apps are our registered and unregistered Trademarks, other than any third-party intellectual property rights. Our Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
In addition, text, graphics, logos, icons, images, audio clips, video clips, data compilations, interactive content, and scripts are our intellectual property, and may not be copied, used or imitated without our consent as presented in the agreement. The compilation and appearance of all content on EZGO's Apps is our exclusive property. Nothing contained on EZGO's Mobile Apps should be construed as granting, by implication or otherwise, any license or right to use any of our intellectual property rights or those of any third-party(ies) without our/their permission.
There could be one or more pending patent applications and/or patents owned by us which apply to EZGO's Apps and/or to the features and services accessible via EZGO's Apps. Your misuse of the intellectual property displayed on EZGO's Apps, or any other content on EZGO's Apps, is strictly prohibited.
You may print off copies, and may download extracts, of any page(s) from EZGO's Apps for your personal reference, and You may draw the attention of others to materials posted on EZGO's Apps.
You must not modify the paper or digital copies of any materials You have printed or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on EZGO's Apps and the owners of the intellectual property on EZGO's Apps must always be acknowledged.
If you print off, copy, or download any part of EZGO's Apps in breach of these GTC, You must, at our request, return or destroy any copies of the materials you have made.
You are also advised that we may enforce our intellectual property rights to the fullest extent permitted by law. If we decide not to enforce or exercise our legal rights in respect of a breach of our intellectual property rights at any given time, this does not prevent us from later exercising or enforcing such rights.
Third-party names, logos and icons identifying third-party products and services referenced herein are the trademarks or registered trademarks of their respective owners. All other product and/or brand or company names mentioned herein are the copyrights and/or trademarks of their respective owners.
You agree:
You accept and acknowledge that all software provided by us and used by You remains at all times our property and is considered as confidential information. Our software provided to You must not be copied, modified, reverse-engineered, decompiled or distributed;
Not to grant a license or sublicense, download (other than page caching), copy, sell, resell, transfer, assign, distribute, commercially exploit or make available to any third-party(ies) EZGO's App or its software in any manner whatsoever.
We facilitate access to, a large number of independent transportation providers in your locality. It is essential to point out, that the service providers are in no way affiliated with EZGO and are responsible for their own actions or omissions. Transportation services rendered are settled solely between User and the transportation service provider. THE USER AND THE TRANSPORTATION SERVICE PROVIDER SHALL ACT IN ACCORDANCE WITH ALL APPLICABLE LOCAL LAWS AND REGULATIONS OF THE JURISDICTION IN WHICH THEY ARE CONDUCTING BUSINESS. The use of EZGO'S App does not impose a binding agreement between You and us concerning your claim for personal transportation. Any remedies that might evolve from the passed-on request for personal transportation carried out by the transportation provider relates solely to the contractual relationship between the transportation provider and You. We explicitly do not take any liability for any third parties, such as transportation providers. We simply provide only a platform to introduce transportation providers and passengers moreover EZGO cannot be considered in any way as a carrier.
We are not responsible for the actions or inactions of any transportation providers, neither for indirect losses meaning a loss to You which is a side effect of the main loss or damage, and where You and we could not have reasonably anticipated this type of loss arising at the time of entering into these GTC or for failure to provide EZGO's Apps.
Any information, commentary, and other materials displayed on EZGO's Apps is provided without any guarantees, conditions, or warranties as to its accuracy. You also bear the risks associated with the use of the Internet. We assume no warranty for the transmitted data being correct and complete, or for data reaching you or a transportation provider in a timely manner.
We provide you with access to a large number of passengers in your locality. Transportation services rendered are settled solely between You and the passenger(s), and shall be in accordance with all applicable local laws and regulations. The use of EZGO's Apps does not impose a binding agreement between you and us concerning passenger(s) claim for personal transportation. Any remedies that might evolve from the passed-on request for personal transportation carried out by You relates solely to the contractual relationship between You and the passenger(s). We explicitly do not take any liability for any third parties, such as passenger(s). We simply provide only a platform to introduce transportation providers and passengers and cannot be considered in any way as a carrier or passenger's(s) representative or agent.
We are not responsible for the actions or inactions of any passenger(s), neither for indirect losses meaning a loss to You which is a side effect of the main loss or damage, and where You and we could not have reasonably anticipated this type of loss arising at the time of entering into these GTC or for failure to provide EZGO's Apps.
Any information, commentary, and other materials displayed on EZGO's Apps is provided without any guarantees, conditions, or warranties as to its accuracy. You also bear the risks associated with the use of the internet. We assume no warranty for the transmitted data being correct and complete, or for data reaching You or a passenger(s) in a timely manner.
If You are using EZGO's Apps in a country where common-law system is also used, You are also bound by all the following in this Section (if common-law system is not also used in the country where You are using EZGO's Apps, then You are bound by the following only to the fullest extent permitted by applicable law)
The ezgo's, content, and applications are provided to you “as is” without any warranty whatsoever. ezgos disclaims all warranties, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. ezgo makes no express or implied warranties whatsoever. ezgo shall not be liable in any way for sums owed by a passenger to a transportation provider, or by a transportation provider to a passenger. ezgo is not liable for lost profits or other incidental or consequential, indirect, special, exemplary, or punitive damages under any circumstances whatsoever. ezgo is not liable for any claim or demand against you by a transportation provider or any third-party (ies). your remedies under this agreement or at law or in equity are limited to those set forth in this agreement. ezgo shall have no liability for any damages caused by your actions in your relationship with any passengers or any third-party(ies). ezgo disclaims any warranty and does not represent that use of the software will be uninterrupted or error-free or that the software will meet all of your requirements.
You may use certain third-party software or equipment in conjunction with ezgo's, content, and applications. you will use third-party software, content, and equipment at your own risk. ezgo makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance, or suitability of the third-party software or equipment, including the ability to integrate same with the software. the quality, capabilities, operations, performance and suitability of the third-party software or equipment lie solely with you and the vendor or supplier of such third-party software or equipment, as the case may be.
the amounts to be paid to ezgo under this agreement do not include any assumption of risk, and ezgos will not, under any circumstances, be liable for (i) economic, incidental, consequential, indirect, special, punitive, or exemplary damages or lost profits, whether foreseeable or unforeseeable, whether claimed under contract, tort, breach, failure of warranty or any other legal theory or (ii) loss of or damage to your data or programming.
We are not liable for the content, and of third parties on EZGO's Apps.
EZGO's Apps include links to other material, which are beyond our control.
In the event that we temporarily or irrevocably discontinue all or part of our services, this circumstance does not constitute a liability.
You have certain rights under the law. Nothing in these GTC is intended to affect these statutory rights.
You hereby agree and undertake fully and effectively to indemnify us and keep us indemnified from and against all damages, losses, claims, demands, expenses (including legal and professional expenses), costs and liabilities caused by the transportation provider (by “the passenger” if You are a transportation provider) undertaking your journey.
You agree to indemnify and hold us harmless from all liabilities, claims, and expenses that arise from the content you submit, post, or transmit via EZGO's Apps, or from your use/misuse of EZGO's Apps, or the use/misuse by any person for whom You are responsible, or from your violation of these GTC.
With respect to your use of the services and your participation in the Driving Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person, or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Driving Services or the Platform or the servers or networks connected to the Platform (v) post information or interact on the Platform or Driving Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use the Platform in any way that infringes any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (vii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (viii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Platform (ix) “frame” or “mirror” any part of the Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (x) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or any software used on or for the Platform (xi) rent, lease, lend, sell, redistribute, license or sublicense the Platform or access to any portion of the Platform (xii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents (xiii) link directly or indirectly to any other web sites (xiv) transfer or sell your User account, password and/or identification to any other party (xv) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xvi) cause any third party to engage in the restricted activities above.
The services provided by the service provider are "as is" and "as available" by the service provider, independently and outside the control of ezgo as per the terms and conditions cotained herein. we disclaim all representations and warranties, express, implied, not expressly set out in this agreement, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. in addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the platform, driving services or any other services requested through the use of ezgo, or that ezgo will be uninterrupted or error-free. we and our affiliates do not guarantee the quality, suitability, and safety driving services or ability of the platform ezgo. you agree that the entire risk arising out of your use of the services platform and driving services, and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
We and our affiliates are not responsible for the conduct, whether online or offline, of any user or service provider using the ezgo platform. you are solely responsible for your interactions with other users and/or the service providers. we do not procure insurance for, nor are we responsible for, personal belongings left in the car by the users. by using ezgo and participating in the driving services, you agree to accept such risks and agree that we are not responsible for the acts or omissions of users on the platform or service providers participating in the driving services.
We and our affiliates expressly disclaim any liability arising from the unauthorized use of your user account. should you suspect that any unauthorized party may be using your user account or you suspect any other breach of security, you agree to notify us about such breach immediately.
location data provided by the platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. neither we, nor our affiliates nor any of our content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the application. any of your information, including geo-locational data, you upload, provide, or post on the ezgo platform may be accessible to us and relevant service providers.