Terms & Conditions
Welcome to the Green Way App!
Greenway [for Healthy Cities] is a joint initiative of the Ministry of Public Infrastructure and Transport (MoPIT), United Nations Development Programme (UNDP), Lalitpur Metropolitan City (LMC),Kantipur Media Group (KMG) and Cycle City Network Nepal (CCNN) to promote cycling and other environment friendly practices in Nepal. The joint initiative with the slogan – “My way is the Greenway” aims to create a platform to promote green initiatives and bring on board institutions and people who believe in promoting sustainable urban mobility, curbing carbon emission, conserving the environment and fostering partnership for urban sustainability.
The main purpose to develop the app is to promote cycle by gamification that incentivizes cyclist with green credits. The cyclists will be rewarded with credits which can be cashed with subject to availability of local sponsorships and the rate may change every year. These Terms govern your use of the Green Way App and other products, features, apps, services, technologies and software that we offer, except where we expressly state that separate terms (and not these) apply.
Hereinafter the Green Way App will be referred to as the “App”. The App is owned by Cycling City Network Nepal in association with Sano Paila, Green Decision Labs and Research Center Pvt Ltd and Cycling Cities, India (hereinafter referred to as “We” or “Our” or “Us” or “Company”).
This document is an electronic record in terms of ICT Policy, 2072 and rules made thereunder and as the same may be amended from time to time. Being a system generated electronic record, it does not require any physical or digital signature.
By accessing Our App from any computer, computer device, mobile, smartphone or any electronic device, You (hereinafter referred to as “You” or “Your”) expressly agree to be bound by these App related Terms and Conditions (hereinafter referred to as the “App Terms and Conditions”).
We don’t charge you to download and use the App or the other products and services covered by these Terms. By using the App, you agree that We can show you ads or promotions that we think will be relevant to you and your interests. These Products and services are provided to you through App or any other third party.
We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things such as the kind of audience that they want to see their ads, and we show those ads to people who may be interested.
ACCEPTANCE OF TERMS
You consent to have these App Terms and Conditions and all notices provided to You in electronic form.
The minimum age to use the App is 18 (eighteen) years. By using the App and in order to be competent to contract under applicable law, You represent and warrant that You are at least 18 (eighteen) years of age or not a minor in any other jurisdiction from where You access Our App.
By using the App, You hereby represent and warrant to Us that You have all right, authority and capacity to enter into these App Terms and Conditions and to abide by all of the terms and conditions thereof.
Your account details You provide to Us must always be kept private and confidential and should not be disclosed to or permitted to be used by anyone else and You are solely responsible and liable for any and all usage and activity on the App that takes place under Your account.
By agreeing to these App Terms and Conditions, You grant Us the permission to send electronic communications to You as part of Our offering. This includes but is not limited to sending emails, newsletters, notifications and promotional offers from Us and Our partners. Should You no longer wish to receive such electronic communications, You may write to Us at firstname.lastname@example.org
Any account You open with Us is personal to You and You are prohibited from gifting, lending, transferring or otherwise permitting any other person or entity to access or use Your account in any way whatsoever.
Each User is only permitted to have one account on this App platform. If the use of multiple accounts/registrations by a single user is found, We reserve the right to investigate, suspend and/or terminate, whether temporarily or permanently, Your App account with Us.
The App is strictly available for Your personal and non-commercial use only. You are hereby strictly prohibited from and against:
(i) Undertaking any marketing, promotion, advertising or soliciting any other App user to buy or sell any products or services whether through the App or not;
any chain letters, junk, bulk or spam e-mail or other unsolicited
communications of any kind whatsoever to other App users or publishing the same
on the App or anywhere else; and
any App user or using the details of any App user for any purpose not expressly
permitted under these App Terms and Conditions.
(iv) It is hereby expressly clarified that any of the aforesaid acts undertaken by You shall be to Your sole liability, responsibility, risk and consequences and You hereby agree to indemnify Us for the same.
(v) You agree to take all necessary precautions in all interactions with other App users when You communicate with them through the App, if permitted.
User generated content
The user would be liable for the data generated within the greenway mobile application. To prevent any misdoing there is a report user mechanism inside the greenway mobile application
You confirm and agree that We or Our partners are the owner of the proprietary information made available to You through the App and hereby retain all proprietary and intellectual property rights in the same, including but not limited to all confidential information.
You undertake not to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way, and whether partly or fully, any
(i) Confidential or proprietary information, or
(ii)Copyrighted or copyrightable material, trademarks, service marks or other proprietary information accessible via the App; whether belonging to Us or not without first obtaining Our prior written consent.
Other App users may upload/publish/post any copyrighted information, which may have copyright protection or not or which may be identified as copyright. You undertake not to copy, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell or use such information in any way and for any purpose whatsoever.
By posting information or content to any profile pages or public area of the App, or making it accessible to Us by linking Your account to any social network accounts (e.g. via Facebook, Twitter, Instagram etc.), You grant Us unconditionally and in perpetuity, and represent and warrant that You have the right to grant to Us, an irrevocable, perpetual, non-exclusive,
fully-paid/royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing anywhere in the world. From time to time, We may modify, add or vary existing features or programs of the App or create, add, test or implement new features or programs on the App in which You may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, You grant Us an unconditional and perpetual right and consent to the terms and conditions (if any) of such features or programs which will be in addition to these App Terms and Conditions.
We reserve the right to investigate, suspend and/or terminate, whether temporarily or permanently, Your App account with Us if You undertake any of the following acts:
(ii) abuse, impersonate or defame Us or any App user or any other person, entity or any religious community;
(iii) use the App for any commercial use or activity not expressly permitted as per Clause 6 of these Terms;
(iv) “stalk” or otherwise harass any App user or any other person;
(v) make any statements, whether expressed or implied, and whether privately or publicly, as those endorsed by Us without Our specific prior written consent;
(vi) use the App in an illegal manner or commit an illegal act or use the App not expressly authorized by Us;
(vii) use any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, ‘data mine’, or in any way reproduce or circumvent the navigational structure or presentation of the App;
(viii) collect any personal information, including contact details, of any App users by electronic or any other means and for any purpose, not expressly permitted under these App Terms and Conditions;
(ix) send any unsolicited email or any other communication in any way whatsoever not expressly permitted under these App Terms and Conditions;
(x) undertake any unauthorized framing of or linking to the App or “frame” or “mirror” any part of the App, without Our prior written authorization;
(xi) interfere with, obstruct, destroy or disrupt the App or the servers or networks connected to the App, whether partly or fully and whether permanently or temporarily;
(xii) email or otherwise transmit any content or material that contains software viruses, malware, spyware or any other computer code, files or programs designed to interrupt, destroy, disrupt or limit the functionality of the App or of any computer software or hardware or telecommunications equipment connected with the App;
(xiii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the App (either directly or indirectly through use of any third party software);
(xiv) use meta tags, code, programs or other devices, tools or technology containing any reference to Us or the App (or any trademark, trade name, service mark, logo or slogan of Ours or Our partners) to direct any person to any other website or link or application for any purpose; (xv) directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App; or
(xvi) post, use, transmit or distribute, directly or indirectly, in any manner or media any content (whether textual, graphical, images, audio, video, audio-video or any combination thereof) or information obtained from the App other than solely in connection with Your use of the App in accordance with these App Terms and Conditions.
(xvii) registration of multiple accounts for a single user or registration of multiple accounts by assuming fake identities;
(xviii) undertaking and participating in any fraudulent activities with a purpose to collect invite rewards;
(xix) hit Our servers/use a code/ undertake in any fraudulent activities to emulate steps, or adopt any means whatsoever to show and claim a number of steps, that is over and above the steps counted by Our App i.e. steps actually walked/run by the User of the account.