Terms and Conditions
This Service is operated by Atekna trading, hereafter referred to as, Zoza technology. These terms and conditions (“User Terms”) apply to your use, of the Service whether through a computer or a mobile phone, the Service, and the Application, as well as to all information, recommendations, and or services/Application. This document is an electronic record in terms of Information Technology and does not require any physical or digital signatures.
By clicking on the “I ACCEPT” button, you are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND THESE ENTIRE USER TERMS BEFORE YOU USE THE SERVICES/APPLICATION.
If you do not accept any of the User Terms, then please do not avail of any of the services being provided therein.
YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND Zoza technology IN RESPECT OF THE USE AND SERVICES OF THE SITE.
By accepting these User Terms, you also allow Zoza technology to send you promotional emails, notifications, and SMS alerts from time to time.
DEFINITIONS All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
(i) “Account” shall mean the account created by the Customer on the Application for availing the Services provided by Zoza technology.
(ii) “Additional Fee” shall mean any toll duty, taxes, etc. as may not be included in the Fare or not already paid as a part of the Total Ride Fee but payable to any third party/government authorities for undertaking the Ride under Applicable Law.
(iii) “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any governmental authority, tribunal.
(iv) “Application” shall mean the mobile application “Zoza” updated by Zoza technology from time to time.
(v) “Convenience Fee”/”Access Fee” shall mean the fee payable by the Customer to Zoza technology for the Service i.e., for availing the technology services offered by Zoza technology, door-to-door service, wi-fi access, customer support and cashless payment options. The convenience Fee shall be chargeable on every booking made through the Application.
(vi) “Cancellation Fee” shall mean the Fare and Convenience Fee payable towards cancellation of a Ride by a Customer in terms of Clause 7 of these User Terms and the Cancellation Terms and Conditions.
(vii) “City of Operation” shall mean a city in which the Customers and TPSPs avail and render the transportation services respectively.
(viii) “Customer/ You” means a person who has an Account on the Application.
(ix) “Driver” shall mean and include such individuals as may be evaluated, appointed, and trained by an operator associated with us to provide the transportation services on its behalf and persons who are registered with Zoza technology and own the Vehicles and who have necessary car rental permits and other applicable transport vehicle permits and licenses to provide transportation services within the City of Operation.
(x) “E-Wallet” shall mean a pre-paid instrument, which can be used to make payments.
(xi) “Fare” shall mean such amount which is reflected on the Application, as the fare payable for the specific Ride performed by a Driver.
(xii) “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Zoza technology.
(xiii) “Zoza” or “us” or “we” or “our” shall mean Atkena trading Pvt limited, also referred to as Zoza technology.
(xiv) “Registration Data” shall mean and may include the present, valid, true, and accurate name; email ID, phone number, and such other information as may be required by Zoza technology from the Customer from the time of registration on the Application.
(xv) “Ride” shall mean the travel in the Vehicle by the Customer facilitated through the Application.
(xvi) “Service(s)” means the facilitation of transportation service by Zoza technology through the Application or via a telephone request at the call center of Zoza technology, or booking on the Site, within the City of Operation.
(xvii) “Site” shall mean the Application and the website operated by Zoza technology or any other software that enables the use of the Application or such other URL as may be specifically provided by Zoza technology.
(xviii) “Substitute Vehicle” shall mean another vehicle arranged for transporting the Customer to his/her destination, in the event of a Vehicle breakdown.
(xix) “Total Ride Fee” shall mean and include the Fare, the Convenience Fee or Access Fee, the Cancellation Fee, and Additional Fee and taxes as may be applicable from time to time.
(xx) “T&Cs” and “User Terms” shall mean these Customer terms and conditions.
(xxi) “TPSP” shall mean a Driver and/or an operator associated with us offering the service of transporting Customers within the City of Operation as requested by the Customer on the Application.
(xxii) “Vehicle” shall mean a minibus or small and mid-sized bus.
(xxiii) “Digital payments” shall mean any payments made using digital instruments.
You will be “Eligible” to use the Services only when you fulfill all of the following conditions:
(i) You have attained at least 18 (eighteen) years of age.
(ii) You are competent to enter into a contract under the Applicable Laws.
REGISTRATION AND ACCOUNT
3.1 You understand and acknowledge that you can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.
3.2 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.
3.3 You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by you or any third party. Your Account cannot be transferred, assigned, or sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.
3.4 We reserve the right to suspend or terminate. Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
3.5 Except for the Registration Data or any other data submitted by You during the use of any other service offered through the Site (“Permitted Information”), Zoza technology does not want You to, and You should not, send any confidential or proprietary information to Zoza technology on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to Zoza technology other than the Permitted Information will not be considered confidential or proprietary.
3.6 It is your responsibility to check to ensure that you download the correct application for your device. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
3.7 We allow you to open only one Account in association with the Registration Data provided by you. In case of any unauthorized use of Your Account please immediately reach out to us.
3.8 In case, you are unable to access Your Account, please inform Us and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 48 (forty-eight) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.
4.1. The Site permits you to avail of the transportation services offered by TPSPs. (Drivers). The Service allows you to send a request through Zoza technology to a Driver on the Zoza technology network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Zoza technology notifies you and provides information regarding the Driver – including the Driver name, Vehicle license number, telephone contact details of the Driver, and such other details as Zoza technology may determine.
4.2.Zoza technology shall procure reasonable efforts to bring you into contact with a Driver, subject to the availability of a Driver in or around your location at the moment of your request for such services. Its s per the determined pick-up location. Therefore, the customers are required to be at the pick-up location on the booking time and date
4.3. By using the Application or the Service, You further agree that:
(i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;
(ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization.
(iii) You will not use the Service or Site for unlawful purposes.
(iv) You will not try to harm the Service, Site or our network in any way whatsoever.
(v) You will provide Zoza technology with such information and documents that Zoza technology may reasonably request.
(vi) You will only use an authorized network to avail of the Service.
(vii) You are aware that when requesting Services, whether by message, via the Site, or calling the call center of Zoza technology, standard messaging charges, data charges, and voice charges, as applicable, of Your and Our phone network service providers, will apply.
4.4.Zoza Technology reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, Zoza technology will store the information provided by you or record your calls for contacting you for all Service related matters. You shall promptly inform Zoza technology of any change in the information provided by you.
4.5.Zoza technology or an authorized representative of Zoza technology shall provide information regarding services, discounts, and promotions provided by Zoza technology to You by way of an SMS or email to your registered mobile number/registered email ID.
4.6.Zoza technology WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE it.
4.7. You agree to grant Zoza technology a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights, or any other rights. You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT Zoza technology TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
4.8. You agree and permit Zoza technology to share any information provided by you with third parties in order to facilitate the provision of certain value-added services offered by such third parties to you and/or to provide certain value-added services to you by Zoza technology.
You hereby expressly consent to receive communications from Zoza technology/ third parties offering value-added services to you through your registered phone number and/or e-mail id and/or the Site. You agree that You will not hold Zoza technology responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication, or a violation of Your registration on the national do not call registry.
4.9. In the event of a breakdown of the Vehicle, which is beyond repair, before completion of the Ride, Zoza technology on a best-effort basis and at its sole discretion may arrange for a Substitute Vehicle for completion of Your Ride to Your destination. However, the arrangement of a Substitute Vehicle shall be subject to its availability.
4.10. You acknowledge and agree that Substitute Vehicle may not be necessarily of the same type as the original Vehicle booked by you from the Site.
4.11. Zoza technology bears no responsibility and liability for delays and losses suffered by you or caused to you as a consequence of the breakdown of the Vehicle.
CONFIRMATION OF BOOKING
5.1.Zoza technology shall, upon receiving the booking request from you, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to you vide an SMS or email. In the event the booking is confirmed, you shall check the booking details including but not limited to pick-up time and pick-up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call center.
5.2. You shall bear the consequences and damages for any delay that may be caused to you due to your failure to check the confirmation SMS or email or failure to inform Zoza technology of the incorrect details immediately.
6.1.Zoza technology may charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of Zoza technology. The Convenience Fee or Access Fee shall be payable by you to Zoza technology and shall be informed to you before you begin your ride.
6.2. TPSP shall charge Fare to you for the Ride offered to you by the TPSP.
6.3. You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.
6.4. You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee. This fee will be deemed important for frequent passengers who will cancel on a frequent basis.
6.5. In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride in cash i.e. Additional Fee, which are not included in the receipt of the Total Ride Fee.
6.6. The Total Ride Fee will be collected by the Driver, helper on the vehicle ( commonly called car hostess), or Zoza technology from you at the end of the Ride.
6.7.Zoza technology shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride, however, separate invoices raised by the TPSPs for the Fare and additional Fee, and the Convenience Fee or Access Fee raised by Zoza technology shall be provided to you on request. You may raise a request for a copy of the invoices from our Support email.
6.8. In case of any taxes, all applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, and Cancellation Fee shall be borne and payable by you to the TPSPs or Zoza technology, as the case may be.
6.9. You shall choose to pay for the Service Fee by any of the following three methods:
(i) Cash payment: Cash payment towards the Total Ride Fee after the completion of the Ride can be made to the Driver.
(ii) Digital payment: Digital payment towards the Total Ride Fee after the completion of the Ride can be made to the Driver, helper on the vehicle ( commonly called car hostess), or Zoza technology Bank Account.
Iii) Using MFS( mobile financial solutions) such as Tele birr and Safaricom products.
7.1. You agree and acknowledge that you may cancel your request for a Vehicle from a Driver at any point in time subject to a Cancellation Fee as explained below:
If a driver cancels after waiting at Your location for more than 10 minutes
7.2. You shall be notified of the applicable Cancellation Fee in advance whenever you attempt to cancel a booking/service request. The notification shall be on the Application.
7.3.Zoza technology shall provide a receipt of the Cancellation Fee if any, payable by you for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by the TPSPs for the Cancellation Fee, and Zoza technology for the Convenience Fee on cancellations shall be provided to you on request. You may raise a request for a copy of the invoices from us at any time.
7.4. The Cancellation Fee shall be payable by you at the completion of your subsequent Ride.
USER VIOLATION OF USER TERMS
8.1. You shall not smoke and drink in the Vehicles or misbehave with the Driver or distract the Driver or act in violation of Applicable Law. In the event you are found to be involved in the activities set out above, you shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event you fail to pay the fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by Zoza technology.
CUSTOMER RELATIONSHIP MANAGEMENT
9.1. All issues, opinions, suggestions, questions, and feedback while availing our Services shall be communicated to us through email address. In case of a Ride booked on our Application, You shall be required to rate the Ride after its termination. You agree to be fair, accurate, and non-disparaging while leaving comments, feedback, testimonials, or reviews on or about the Rides or Services.
9.2. Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.
9.3. Any issue reported on channels other than the above may be addressed by Zoza technology only on a best-effort basis. Zoza technology takes no liability for the inability to get back on other channels.
9.4.Zoza technology shall endeavor to respond to your issues within 4 (Four) working days of your reporting the same and endeavor to resolve it at the earliest possible. It is hereby clarified that issues are resolved on a severity basis, and certain may be resolved earlier than the others. However, Zoza technology shall not be liable for any damages or losses in the event you are not satisfied with any such resolution.
EMERGENCY SERVICES TO CUSTOMER
10.1 By accepting these User Terms and calling the hotline in an event of an emergency on the Zoza technology App, You consent to Zoza technology using its best endeavors to provide You with assistance during a safety incident, emergency or distress, or third-party security service provider to assist you and/or deploy response teams to your location.
10.2 Under this clause, you give your express consent to permit Zoza technology to undertake the above along with any ancillary actions that may be required to facilitate an effective emergency response.
10.3 Zoza technology will not be liable for any deficiency of service, provided to you under this clause on a best-efforts basis, and this clause does not, in any manner, restrain you from seeking any other form of assistance from any other party.
11.1 We (Zoza technology) 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.
12.1 By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Zoza technology, 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.
13.1. The information, recommendations, and/or Services provided to you on or through the Site, the Application, and the Zoza technology call center are for general information purposes only and do not constitute advice. Zoza technology 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.
13.2.Zoza technology shall not be liable for your missing trains/flights/events delays etc. as the Service is dependent on many factors not in Zoza technology’s control. You must book Your Ride after taking into account the check-in time, traffic, and weather conditions.
13.3. In the event, there is a delay by the Vehicle in reaching the pickup location beyond 60 (sixty) minutes of the pickup time, zoza technology will inform you, the customer, about the delay ahead of time so you can make alternative arrangements.
13.4.Zoza technology 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 center number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
13.5. You shall take full responsibility for your items and luggage. In case of lost items inside the Vehicle during the journey, Zoza technology 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 Zoza technology of the same in writing within 24 (twenty-four) hours of using the Vehicle or the Services of Zoza technology. In the event it is found, You shall be informed about it from the Zoza technology office from where You can collect it after 3 (three) working days from the date You were informed. Zoza technology however shall not be responsible for delivering the same back to you. If requested, Zoza technology may deliver the misplaced item/s back to You after 3 (three) working days from the date You were informed, subject to the place of delivery being twenty (20) km from the Zoza technology office. Zoza technology shall charge you for such delivery.
13.6.Zoza technology does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
13.7.Zoza technology shall not be responsible for any loss of communication/information of status updates and benefits under the program. All this information will be sent on mobile numbers and/or email IDs registered with Zoza technology.
13.8. IN NO EVENT SHALL Zoza technology BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Zoza technology HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
13.9. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Zoza technology shall be the minimum permitted under Applicable Law.
14.1. Subject to Your compliance with these User Terms, Zoza technology 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.
14.2. You shall not:
(i) 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.
(ii) modify or make derivative works based upon the Service or Application;
(iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device;
(iv) reverse engineer or access the Site in order to:
(a) design or build a competitive product or service,
(b) design or build a product using similar ideas, features, functions, or graphics of the Service Site, or
(c) copy, reproduce, record, or make available to the public any ideas, features, functions, or graphics of the Service or Site, or
(v) 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.
14.3. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
14.4.Zoza technology will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Zoza technology may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Zoza technology has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. Zoza Technology reserves the right, at any time and without prior notice, to remove or disable access to any content that Zoza technology, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service, or the Application.
CONTENT POSTED BY CUSTOMERS
15.1.Zoza technology may accept the posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials or information given by you on the Site (“Posted Content”) by You. You represent that you have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. Zoza technology shall not in any manner be responsible for or endorse the Posted Content. You agree that when posting Posted Content, You will not:
(i) Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
(ii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
(iii) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another computer.
(iv) Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
(v) Conduct or forward surveys, contests, pyramid schemes, or chain letters.
(vi) Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such a manner.
(vii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded.
(viii) Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.
(ix) Restrict or inhibit any other user from using and enjoying the Site.
(x) Violate any code of conduct or other guidelines which may be applicable to any particular Posted Content.
(xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
INTELLECTUAL PROPERTY OWNERSHIP
16.1.Zoza technology alone (and its licensors, where applicable) shall own all rights, title, and interest, including all related intellectual property rights, in and to
(i) the Site, Application, Product, Service, and any suggestions, ideas, enhancement requests, feedback, recommendations, or any other offering.
(ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code; or other information provided by You or any other party relating to the Site, Application, or the Service. Third-party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party’s intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
16.2. These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application, or the Service, or any intellectual property rights owned by Zoza technology. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by the use of the Services or the Site/ Application.
16.3. You may use the information on the Site purposely made available by Zoza technology for downloading from the Site, provided that you:
(i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information.
(ii) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, or
(iii) Do not make any additional representations or warranties relating to such information.
TERM AND TERMINATION OF LICENSE AGREEMENT
18.1. The agreement between Zoza technology and You is perpetual in nature upon downloading the Application and for each Ride booked through the Site.
18.2. You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by you of the Site. You can close Your Account at any time by following the instructions on the Site.
18.3.Zoza technology is entitled to terminate the agreement at all times and with immediate effect (by disabling your use of the Site and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of Zoza technology, misuse the Application or the Service. Zoza technology is not obliged to give notice of the termination of the agreement in advance.
After termination Zoza technology will give notice thereof in accordance with these User Terms.
18.4. Termination of this agreement will not prejudice accrued rights of either Zoza technology or You.
INVALIDITY OF ONE OR MORE PROVISIONS
19.1. The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between you and Zoza technology, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
21.1. You agree that Zoza technology is merely an electronic platform to facilitate the aggregation of Vehicles and does not in any manner provide transportation services. Zoza technology does not endorse, advertise, advise, or recommend you to avail the Services of any Driver. Zoza technology also does not guarantee or provide assurance in respect of the behavior, actions, or data of the users posted on the Site.
21.2. We do not authorize anyone to make a warranty on our behalf and you shall not rely on any statement of warranty as a warranty by us.
21.3.Zoza technology and their representatives, officers, employees, agents, and contractors shall not be liable for any
loss, damage, claim, expense, cost (including legal costs), or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from Zoza technology or any other person’s negligence or otherwise).
21.4. This Site, Application, and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your access of the Site and/or Application, that your access of the Site and/or Application and availing of Services is at your sole risk, that you assume full responsibility for your access and use of the Site and/or Application, and that Zoza technology shall not be liable for any damages of any kind related to your access and use of this Site and/or Application.
21.5. All images, audio, video, and text in the Site and/or Application are only for illustrative purposes. None of the models, actors, or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
MODIFICATION OF THE SERVICE AND USER TERMS
22.1.Zoza Technology reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.
22.2.Zoza technology shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when Zoza technology last modified the User Terms by referring to the “Last Updated” legend above. It shall be your responsibility to check these User Terms periodically for changes. Zoza technology may require you to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, your continued use of the Site, following the changes to the User Terms, will constitute your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
23.1.Zoza technology may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Zoza technology’s account information.
23.2. You may contact Zoza technology by electronic mail at our email address or by written communication sent by regular mail to our address
24.1. You shall not assign your rights under these User Terms without the prior written approval of Zoza technology. Zoza technology can assign its rights under the User Terms to any affiliate.
APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws. 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 Zoza technology as Zoza technology may designate. In the event the dispute is not resolved internally after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with or 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 Zoza technology and You. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts.
By using the app and service, it is hereby considerred that you accepted the above terms and conditions.