This zap terms of use (the "terms of use") is an electronic document in terms of the information technology act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. Please read these terms of use carefully. Your use of zap panel, shall signify your acceptance of these terms of use and your agreement to be legally bound by the same.
Zoomcar India Private Limited ( hereinafter referred to as
"Zoomcar"
,
"Us"
or
"Our"
) owns, operates and maintains the website located at the URL
www.zoomcar.com
, its mobile applications and ZAP - panel (the
"Zoomcar Platform"
), which facilitates placing the vehicles by Associates for renting to members of Zoomcar, management of such vehicle(s), etc. by Associates (
"Associates",
"You",
or
"Your"
) who have accepted the Lease Agreement with Zoomcar The Associates can access the ZAP - panel through an authorized username and password.
If you are not an Associate, then you are not authorized by Zoomcar to use the ZAP - panel in any manner and Zoomcar shall not be liable or responsible for any consequence arising out of or as a result of your use of the ZAP - panel.
The Terms of Use describe the terms of use and conditions on which Zoomcar offers access to the ZAP - panel to Associates and the services/facilities provided through the ZAP - panel. If You wish to place your vehicle(s) on the Zoomcar Platform, the Terms of Use shall be applicable on You in addition to Lease Agreement as a part of the Zoomcar Platform policies.
Zoomcar may in its sole discretion modify the Terms of Use or any policy hyperlinked to this Terms of Use at any time without any notification to You. Zoomcar may in its sole discretion incorporate any new policy to this Terms of Use at any time without any notification to You. It is Your responsibility to review the Terms of Use from time to time. You will be deemed to have accepted the Terms of Use as amended, if You continue to access and use the Zoomcar Platform and/or ZAP - panel after the amendments are posted on the Zoomcar Platform or ZAP Panel or communicated to You. In case of any contradiction between the Lease Agreement, the Terms of Use and the terms of any other policies issued by Zoomcar, the terms of the Lease Agreement
Privacy
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- Zoomcar is committed to ensure that the privacy of its members/end customers or other Associates is protected to all possible, reasonable and commercial extent, as their privacy on the internet/website is of the utmost importance to Us. Because You gather certain types of information about Zoomcar’s members/end customers in order to provide the vehicles and maintain the details of such vehicles on Zoomcar Platform, you agree to follow and maintain the privacy norms as listed out in these Terms of Use.
- By acquiring the information of Zoomcar’s members/end customers or by making use of the facilities provided by the Zoomcar Platform, You hereby consent to not misuse, divulge, share, publish, transfer or distort in any manner whatsoever any or all personal information and non-personal information, shared by the Zoomcar’s members/end customer with You. You further represent and warrant that you shall at all time maintain the confidentiality of such data/information and not share it with any third party.
- You further agree not to transmit, distribute, post, or submit any information concerning any other person or entity related to Zoomcar or Our members/end customers, including without limitation, their photographs , personal contact information, or credit, debit, calling card, or account numbers without their permission.
- It is the responsibility of the Associate to ensure that the username and password are secure and protected at all times. You shall be solely responsible and liable for any breach or alleged breach of these Terms of Use due to the misuse or hacking of your account by a third party.
- You also represent that You will not use the the Zoomcar Platform to:
- Harass or interfere with the privacy of any members/end customers or other Associates and post false, inaccurate, misleading, defamatory, or libelous content about member/end customers, any other Associates or Zoomcar;
- Engage in any disruptive technology-related practices such as spamming, hacking, improper harvesting and use of user information, or distributing viruses or any technology that may harm the Zoomcar Platform, any Associate or members/end customers;
- Violate any laws, third party rights, or any of Our policies posted on the Zoomcar Platform;
-
Host, display, upload, modify, publish, transmit, update or share any details or information or content including images, video and text, that:
- Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- Harms any person in any way;
- Violates any law for the time being in force.
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Associate’s Representations
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- By accessing and using the ZAP - panel, You represent to Us that: (a) You are not a minor under applicable laws and You have the authority to enter into legal contracts; and (b) the information You have provided to Zoomcar during the registration process and thereafter, including all information relating to your Vehicle(s), whether or not posted on the ZAP - panel and/or the Zoomcar Platform, is to the best of Your knowledge complete, truthful and accurate.
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You also represent that You shall:
- Not while handing over the Vehicle or taking back the Vehicle or dealing with the Zoomcar’s members/end customers, do such acts which are unethical, unprofessional, inappropriate, engage in physically or verbally abusive or threatening conduct or which would in any manner bother or cause any harm, loss or injury (physical, mental, financial or otherwise) to Zoomcar’s members/end customers.
- Not take from Zoomcar’s members/end customers any form of payment in cash or ask for any other advances in kind.
- Always deal in a business-like manner with Zoomcar’s members of r.
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In connection with Your use of or access to the ZAP - panel, You shall not and You agree not to advocate, encourage, request, or assist any third party to:
- Harm or threaten to harm, Zoomcar’s member/end customers or any other Associate, including "stalk" or harass them, or
- Collect or store any personally identifiable information except for purposes of transacting in accordance with these Terms of Use;
- Zoomcar may, at its sole discretion, with immediate effect and without notice, restrict, suspend or terminate Your access to the ZAP - panel and/or Zoomcar Platform, upon your breach or alleged breach of any of the above representations and warranties.
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No Warranty
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- Zoomcar does not undertake that the zap - panel or any service or feature of zap - panel will be error-free or uninterrupted, or that any defects will be corrected, or that the use of the zap - panel will provide specific results. the zap - panel is provided on an "as-is" and "as-available" basis. all information provided on the website and the zap - panel is subject to change without notice. zoomcar disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. zoomcar disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with, or related to, use of the zap - panel.
- You acknowledge and agree that Zoomcar shall not be liable for any loss, damages or claims (direct or indirect) which may arise due to non-availability of the ZAP - panel and/or services provided through ZAP - panel hereunder for any reasons whatsoever. Zoomcar may in its sole discretion inform You of the non- availability of the ZAP - panel and/or services provided through ZAP - panel at any time.
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Indemnity
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-
You agree to indemnify and hold harmless Zoomcar and its directors, employees, officers, representatives and agents from and against all third party claims, and all related damages, losses, liabilities, costs and expenses of every kind arising out of, or as consequence of:
- Your breach of any of the provisions of the Agreement;
- Infringement of any third party’s intellectual property by You; and
- Your breach or contravention of any applicable law.
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Dispute Resolution & Jurisdiction
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- If any dispute arises between the Parties hereto during the subsistence of these Terms of Use or thereafter, in connection with, or arising out of, this Agreement, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by Zoomcar. Arbitration shall be held at Bangalore, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. These Terms of Use shall be governed in accordance with the laws of India and courts in Bangalore, shall have exclusive jurisdiction.
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