Terms & Conditions

Acceptance of Terms of Use

Thank you for using ZapWheels. These terms of service (the “Terms” or “Terms of Use”) are intended to make You aware of Your legal rights, responsibilities and obligations with respect to Your access to and use of the ZapWheels website i.e. “www.zapwheels.com” (the “Site”), and/ or any related mobile or software applications for, including but not limited to, delivery of information (and other services as detailed in these Terms) via the Site, whether such Site is existing now or in the future, that link to the Terms (collectively, the “Services”).

By accessing or using the Services, you are agreeing to these Terms and concluding a legally binding contract with ZapWheels Infosystems Private Limited. You may not use the Services if You do not unconditionally accept the Terms or unable to be unconditionally bound by the Terms. Your use of the Services is at Your own risk, including the risk that You might be exposed to content that may be objectionable, or otherwise inappropriate.

Definitions

  • “You” shall mean the Customer and/ or the Service Partner (as may be applicable) and the terms “Your”, “Yourself” and “Yours” shall be construed accordingly;
  • “Customer” – acting as a customer and using Our Services or registering a new Service request / Appointment with the Company / Platform;
  • “Company” or “We” or “Us” or “Our”–shall mean ZapWheels Infosystems Private Limited;
  • “Platform” or “ZapWheels” - shall mean the Site or any application or any other mode for accessing the Services provided by the Company;
  • “Service Request / Appointment” – service request or appointment effected via the registration with the Site for availing / requesting services of Service Partners. Service Requests/Appointment can be made for single service or multiple services.
  • “Agreed Time” - The appointed date and time for Your services to be provided and as mentioned in the request.
  • “Service Partner” –Service Partner is the term used for automotive workshops / mechanics / accessory shops / services, registered with the Company, to offer their services to the end customers.

PART A – INFORMATION ABOUT US

The “ZapWheels” platform is operated by ZapWheels Infosystems Private Limited (“We”). Contact details can be found on Our website at www.zapwheels.com.

PART B – TERMS APPLICABLE TO CUSTOMERS

Part B of these Terms of Use sets out certain terms and conditions which are applicable to any person registering as a Customer and using the Services of ZapWheels. For the purpose of this Part B, the term “You” shall mean the Customer and the terms “Your”, “Yourself” and “Yours” shall be construed accordingly.

1. Registering as a Customer

In order to benefit from all the features of the Services available, You will need to sign-up with Us by filling the sign-up form (“Sign-Up”). You will be asked to provide certain information about Yourself including, but not limited to, Your name, contact details and vehicle information. You warrant that the information provided is correct, complete and not misleading. You should also inform Us promptly of any changes to the information that You have provided, by updating Your details, so that We can communicate with You effectively and timely. We will not be liable for any failure or deficiency in providing the Services if You fail to provide Us the information, as mentioned in this clause.

2. Provision of Services to Customers

Following Sign-Up, We will make certain Services available to You. The Services will include the ability book automotive servicing or repair work You need to be done to Your vehicle, the ability to post feedback and ratings for the services You have used as a result of Your use of the Platform.

We reserve the right to add, change or remove Services from our Platform at any time, and may make certain services chargeable at Our sole discretion.

You must only book a Service if You have a genuine requirement for the work detailed to be performed.

We are continually seeking to develop and improve the Services We offer, so We reserve the right, at Our absolute discretion, to make changes to any part of the Service without notice.

The Labor charges shown on the website are indicative of only labor charges for the service described and may not include additional services found to be required at the time of You availing the service. In such a case, our technician will discuss any change in scope and incidental price with You and agree with You for the additional payments where required.

3. Our Responsibilities to You and Disclaimers If You use any of Our Services as a Customer, You acknowledge and agree that the Services We provide are subject to the following disclaimers:

If You use ZapWheels, You also acknowledge and agree that information contained in any section of the Platform is intended to be indicative only and will not form the basis of a binding contract between You and any Service Partner. If you instruct a Service Partner to carry out any work or service for You, We recommend that You conclude Your own agreement with the Service Partner, clearly detailing the work or service to be done and the price(s) to be paid. We will not be a party to, nor shall We be liable for, any agreement or contract which You conclude with a Service Partner, as a result of Your use of ZapWheels.

Before handing over Your vehicle, any asset, spare part, accessory or products to be repaired or modified, You shall be cautious and ensure Yourself about the credibility of such Service Partner; and any defect in service or theft/ damage to Your asset; spare parts; accessories; products shall not be compensated by Us in any manner whatsoever and it is clarified that that We will not be liable in any manner whatsoever, if any such harm/damage/ loss is caused to You due to any such transfer or bailment of vehicle, any asset, spare part, accessory or products to the Service Partner for service.

You should confirm & clarify from the Service Partner about the time involved and the spare parts required to render the service including the total/aggregate charges involved therein. In case the same is not discussed, it is implied that the Customer is aware of the charges and has consented to avail the services for such charges as may be informed or directed by the Service Partner.

Please note that We are not responsible in any circumstances for the behavior, actions or inactions, accuracy, efficiency of Service Partner, quality of service which You may use (through Us or otherwise). Any contract for the provision of services is exclusively between You and the Service Partner and not with Us in any manner whatsoever and We simply provide a platform to introduce Service Partner and Customer seeking the said service.

PART C – TERMS APPLICABLE TO SERVICE PARTNERS

Part C of these Terms of Use set out certain terms and conditions which are applicable to any person or business registering as a “Service Partner” on Our Platform.
For the purpose of this Part C, the term “You” shall mean the Service Partner and the terms “Your”, “Yourself” and “Yours” shall be construed accordingly.

1. Registering as a Service Partner

In order to benefit from all the features of ZapWheels available to Service Partners, You will need to register with Us. You will be asked to provide certain information about Your business including Your business name, contact details, services offered, working hours, location details and any other information as may be required by Us. On receiving above mentioned information, Our representative will install a mobile APP on your smartphone. You warrant that the information provided by You on registration is correct, complete and not misleading. You should also inform Us promptly of any changes to the information that You provide, by updating Your details with Us.

Before handing over Your vehicle, any asset, spare part, accessory or products to be repaired or modified, You shall be cautious and ensure Yourself about the credibility of such Service Partner; and any defect in service or theft/ damage to Your asset; spare parts; accessories; products shall not be compensated by Us in any manner whatsoever and it is clarified that that We will not be liable in any manner whatsoever, if any such harm/damage/ loss is caused to You due to any such transfer or bailment of vehicle, any asset, spare part, accessory or products to the Service Partner for service.

You should confirm & clarify from the Service Partner about the time involved and the spare parts required to render the service including the total/aggregate charges involved therein. In case the same is not discussed, it is implied that the Customer is aware of the charges and has consented to avail the services for such charges as may be informed or directed by the Service Partner.

Please note that We are not responsible in any circumstances for the behavior, actions or inactions, accuracy, efficiency of Service Partner, quality of service which You may use (through Us or otherwise). Any contract for the provision of services is exclusively between You and the Service Partner and not with Us in any manner whatsoever and We simply provide a platform to introduce Service Partner and Customer seeking the said service.

2. Provision of the Services to Service Partner Following registration, We will make certain Services available to You. The Services will include the ability to include details of Your business on Our Platform, the ability to view or receive details of Service Requests/ Appointments which have been posted by Customers and the ability to accept bookings and share service status updates with Customers. Full details of the Services available to Service Partners on Our Platform will be published on Our Platform from time to time. We are continually seeking to develop and improve the Services We offer and so We reserve the right, at our absolute discretion, to make changes to any part of the Service without notice. 3. Our Responsibilities to You and Disclaimers

We will provide Our Services to You using reasonable skill and care and in accordance with these Terms of Use. However, if You use the Services as a Service Partner, You acknowledge and agree that the Services We provide are subject to the following limitations and disclaimers:

You acknowledge and agree that We will enable Service Partner to register and get listed based on criteria which We (in our absolute discretion) may determine from time to time. In addition, You acknowledge that the number of Service Requests/ Appointments which may be posted or transmitted to a Service Partner in relation to any particular Customer may be limited in number. Accordingly, We do not provide any guarantee that registering as a Service Partner will result in You being invited to receive any particular volume of Service Requests/Appointments. Nor can We guarantee that your use of Platform will result in You winning any work or any particular volumes or work. We disown any and all liability in this regard.

You acknowledge and agree that We do not check or verify the details of any Service Requests/ Appointments which are posted on Our Platform. We have asked all Customers to use Platform responsibly but We cannot guarantee, nor take the responsibility about, the accuracy, integrity or quality of any information which is posted by third parties or Customers.

By registering as a Service Partner You also understand and agree that Customers who have used Your services will be able to provide feedback and ratings about You and Your services. Whilst We have asked all Customers to act responsibly, We do not actively monitor, check or verify feedback which is posted. Accordingly, You acknowledge and agree that We shall not have any responsibility to You or liability to You or Your business for any feedback, comments or ratings that is posted by any Customer and We will not usually become involved or intervene in complaints or disputes concerning feedback, comments or ratings, although We reserve the right to do so in exceptional circumstances. You may, if You feel that feedback is misleading or incorrect, contact us and We may investigate such case, but We shall not be obligated to take any action.

Please note that We are not responsible in any circumstances for the behavior, actions or inactions, accuracy or payment capability of Customers. Any contract for the provision of services is exclusively between You and the Customer and not with Us in any manner whatsoever and We simply provide a Platform to introduce a Service Partner and Customer, seeking the said service.

We will not under any circumstances have any responsibility to You or liability to You for the non or incomplete payment by the Customer.

4. Your Responsibilities

You agree to abide by the Terms of Use when using ZapWheels which We make available via online media such as website, mobile apps and SMS.

You shall be solely responsible, for checking and verifying the details of any Service Request/ Appointment which is posted on the Platform before You agree to undertake any work or service for a Customer and, for agreeing with the Customer, the terms and prices of such services for which any work or service may be performed. We will also not be responsible or liable for Customer’s cancellation of any Service Request/ Appointment, at any time.

PART D – GENERAL TERMS APPLICABLE TO ALL USERS

Part D of these Terms of Use set out certain terms and conditions which are applicable to all users of this Platform including Customers and Service Partners.

1. Passwords and Security

If You register to use Our Services, You will be given a username and password. You must keep Your ID confidential and must not disclose it or share it with anyone. You are responsible for preventing unauthorized use of Your ID.

If You believe there has been a breach of security such as the disclosure, theft or unauthorized use of Your ID, You must notify Us immediately. If We reasonably believe that Your ID is being used in any way which is not permitted by these Terms of Use, or in breach of the applicable law, or for protection of the Platform, We reserve the right to suspend the access rights immediately on giving notice to You and to block access of Your ID until the issues has been resolved.

2. Acceptable Use Policy

The Services allow You, after registration, to create, edit and submit material for inclusion on or transmission via ZapWheels, including (without limitation) by creating Service Partner profile, posting Service Request/ Appointment, responding and updating status of Service Requests / Appointments and posting ratings feedback for automotive services.

Whilst We do not seek to monitor or control the information provided by You on the Platform, We do reserve the right to delete, move and edit any material submitted where (in Our absolute discretion) We consider it prudent or necessary to do so.

You agree and warrant to comply with all applicable laws and regulations when using ZapWheels. You are solely responsible for all material You submit for inclusion on or transmission via ZapWheels. You must ensure that all material and information You transmit is lawful and honest. In particular, You must not post or transmit any material or information that:

  • is fraudulent, dishonest or misleading;
  • is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any laws;
  • encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice;
  • infringes the copyright or other rights of any third party;
  • is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data).

By submitting material and information to Us, You are granting Us a royalty-free, non-exclusive, perpetual and irrevocable licence to use, reproduce, modify, translate, make available and distribute the material or information on or through ZapWheels for the purpose of operating Services.

Disclaimers

Whilst We endeavor to ensure that the information available on or through ZapWheels is correct, up to date and accurate, We do not warrant the accuracy and completeness of such material or information. In particular (but without limitation), ZapWheels permits You to access and receive information supplied by third parties. The third parties submitting this information are responsible for ensuring that material or information submitted is accurate and complies with relevant laws and codes. We will not be responsible to You for the conduct of any such third party or for any error or inaccuracy in any material or information they supply.

The information, recommendations provided to You on or through the Platform is for general information purposes only and does not constitute any advice. The Company will reasonably keep the Platform and its contents correct and up to date but does not guarantee that (the contents of) the Platform is free of errors, defects, malware and viruses or that the Platform is correct, up to date and accurate in all means, and We cannot be liable for any harm, loss or damage that may be caused to You or any of Your device(s) due to access to the Platform. You warrant that You shall not act or omit to act in a way which may introduce, nor use the Services to introduce, any errors, defects, malware, viruses or anything that may affect Our Platform or the related network and You agree to indemnify and hold Us harmless for any such acts or omissions.

4. Liability

To the fullest extent permitted by law, We exclude all liability to You for any loss of profit (whether direct or indirect), loss of opportunity, loss of earnings, loss of anticipated earnings, loss of business or loss of data or for any indirect or consequential losses howsoever arising out of Your use of ZapWheels our Services or any fault or problem relating to or any content received via ZapWheels.

By accepting these Terms, You agree that You shall defend, indemnify, save and hold the Company, its affiliates, its licensors, and each of their 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 Terms or any applicable law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including Service Partners arranged via the Platform, or (c) Your use or misuse of the Platform.

The quality of the services requested through the use of the Platform is entirely the responsibility of the Service Partner who ultimately provides such services to the Customer. The Company under no circumstance accepts liability in connection with and/or arising from the services provided by the Service Partner or any acts, action, behavior, conduct, and/or negligence on the part of the Service Partner. Any complaints about the services provided by the Service Partner should therefore be submitted to the Service Partner, who shall be solely liable for resolving such complaints.

The Company shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Platform, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

5. Termination of Services

We may immediately, without any notice, suspend or cancel your registration and/ or terminate your access to ZapWheels if You are in breach of these Terms of Use or have made improper use of The Services or for any reason we deem fit.

You may cancel your registration at any time by informing us in writing. If You do so, you must stop using the Services.

The suspension, cancellation or termination of Your registration and Your right to use the Services shall not affect either party’s statutory right or liabilities.

6. Intellectual Property

The Company is the sole owner of all the rights to the Platform or any other digital media and its contents mentioned on the Platform. The content means its design, layout, text, images, graphics, sounds, video, etc. the website or any other digital media content embody trade secrets and intellectual property rights protected under applicable laws. All titles, ownership and intellectual property rights in the Platform and its content shall remain with the Company, its affiliates, agents, authorized representatives as the case may be. We do not transfer or grant license to use Our intellectual property rights to You under these Terms.

All rights not otherwise claimed under these Terms by the Company are hereby reserved. The information contained on the Platform is intended solely to provide You general information for Your personal use and for the Services provided by Us, and You accepts full responsibility for its use.

All related icons and logos are trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks or any other intellectual property rights of the Company is strictly prohibited.

7. Privacy and Cookies

The Platform includes areas where you are requested to input information about Yourself. Any information You submit to Us shall be subject to the terms of Our Privacy Policy. We use cookies on Our Platform. By registering use You are consenting to Our use of cookies.

8. Excusable Delays (Force Majeure)

Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences which are beyond the control of the parties.

9. General

All notices shall be given to Us via email or by post using the contact details set out in the Contact Us / Feedback section, or to You at either the email or postal address You provide during registration.

We may revise these Terms of Use at any time without any notice. You are expected to check these Terms of Use from time to time to take notice of any changes We may make as they are legally binding on You. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Platform.

9. Applicable Law

These Terms will be subject to the laws of Gurgaon, India and the courts of Gurgaon, Haryana shall have exclusive jurisdiction over any dispute relating to these Terms.