INTRODUCTION
The terms “Zooper” / “We” / “Us” / “Our”/ “Company” individually and collectively refer to Zooper Technologies Pvt Ltd (previously known as Flyby Business Solutions Pvt Ltd) and the terms “You” / “Your” / “Yourself” / “User” refer to the Users. The terms “Third Party” / “Operators” / “Drivers” / “Sub Vendors” refer to service providers operating on Zooper platform. The term “Services” refers to any services offered by Zooper or the Third Party service providers. All references to “Employer” shall mean the employer of the user with whom the Company has entered into an agreement with for the purpose of providing employee transportation solutions vide access to the Application.
This Site/ Application/ Services is/are operated /provided by Zooper. These terms & conditions (“User Terms”) apply to Your visit to and use, of the Site whether through a computer or a mobile phone and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, the Service and the Application. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Zooper reserves the right to change this site and the User Terms any time, with or without prior notice. Zooper also retains the right to deny access to anyone who Zooper, in its sole discretion, believes has violated any of the User Terms.
Your access and use of the Services constitute your agreement to be bound by these User Terms, which establishes a contractual relationship between You and Zooper. If You do not agree to these User Terms, you may not access or use the Services. These User Terms expressly supersede prior agreements or arrangements with you. Zooper may immediately terminate these User 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.
By clicking on the “I ACCEPT” button or by using Our /Applications or Services, You are consenting to be bound by these User Terms. Please ensure that you read and understand all these User Terms before you use the site. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND ZOOPER IN RESPECT OF THE USE AND SERVICES OF THE SITE.
ELIGIBILITY
You will be “Eligible” to use the Services only when You fulfil all the following conditions: 1) You have attained at least 18 (eighteen) years of age. 2) You are competent to enter into a contract under the Applicable Laws. If You reside in a jurisdiction that restricts the use of the Service because of age or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.
REGISTRATION AND YOUR ACCOUNT
You understand and acknowledge that You can register on the Site Or App only after complying with the requirements of this Clause and by entering Your Registration Data.
You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Zooper shall not be liable to any person for any loss or damage which may arise as a result of any failure by the user to protect his/her account details or the password.
You agree to notify Zooper immediately of any unauthorized use of your account or any breach of security, including any suspected unauthorized use/breach of security. Zooper reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
APPLICATION LICENSE
Subject to Your compliance with these User Terms, Zooper grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; modify or make derivative works based upon the Service or Application; create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; reverse engineer or access the Site in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Service or Site, or copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.
You shall not attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks; interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks;
Zooper will have the right to fully investigate and prosecute violations of any of the above of the law. Zooper may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms.
LIABILITY
The information, recommendations and/or Services provided to You on or through the Site, the Application and Zooper call center are for general information purposes only and does not constitute advice. Zooper will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
Zooper does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
Zooper may recommend estimated pick up / drop off time for a ride booked by You, however, Zooper shall not be liable for You missing the estimated arrival time or delays etc. as the Service is dependent on many factors not in Zooper’s control.
Zooper shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, Zooper will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform Zooper or Operators of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of Zooper. In the event it is found, You shall be informed about the Zooper’s or Operator’s office from where You can collect it. Zooper however shall not be responsible for delivering the same back to You.
Zooper shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Zooper. Zooper will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
In no event shall Zooper be liable for any direct, indirect, incidental or consequential damanges or for any damages whatsoever, within based on contract, negligence, strict liability or otherwise, even if Zooper has been advised of the possibility thereof.
FORCE MAJEURE
Zooper shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
INDEMNIFICATION
By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Zooper, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the TPSPs \or (c) Your use or misuse of the Application or Service.
APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Zooper as Zooper may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Zooper and You. The place of the arbitration shall be Pune, Maharashtra.