Terms and condition
Disclaimer
We
do not provide any financial return in any form whatsoever, including but not
limited to financial securities (debt or equity), interest, dividend, profit
share, rewards in cash, to individuals who Use CarZorro.com
1.
This document is an electronic record in terms of Information Technology Act,
2000 and rules thereunder as applicable and the amended 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.
2.
This document is published in accordance with the provisions of Rule 3 (1) of
the Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the Privacy Policy and Terms of Use for access or usage of the
website, www.Carzorro.com &
CarZorro Mobile Application
ACCESSING,
BROWSING OR OTHERWISE USING THE SITE / Mobile Application INDICATES YOUR
AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE
READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly
accepting these Terms of Use, You also accept and agree to be bound by the CarZorro
Privacy Policy.
3.
The domain name www.CarZorro.com (hereinafter
referred to as "Website") and CarZorro Mobile Application is licensed
for use by Humntn
Ventures Private Limited, an Indian Company, duly
incorporated under the Companies Act, 2013 (18 of 2013) and rule 18 of the
Companies (Incorporation) Rules, 2014], with its registered office at Plot no
3, Triveni Nagar, Lucknow – 226020 India.
4.
For the purpose of these Terms of Use, wherever the context so requires 'You'
or 'User' shall mean any natural or legal person who has agreed to become a
member/user of the Website/ Mobile Application by providing Registration Data
while registering on the Website/ Mobile Application or signing in through an
Associated Partner (via the API), as a Registered User using the computer
systems OR Phone (all such Vendors/ Users shall hereinafter be collectively
referred to as “User”). The term "we",
"us", "our" & “CarZorro” shall mean Humntn Ventures Pvt
Ltd. and the term “you” and your referred to herein shall deem to mean the
User.
6.
When You use the Website / Mobile Application in any term (Visitor, Vendor,
User etc), You will be subject to the rules, guidelines, policies, terms, and
conditions applicable, and they shall be deemed to be incorporated into these
Terms of Use. We reserve the right, at our sole discretion, to change, modify,
add or remove portions of these Terms of Use, at any time without any prior
written notice to You. It is the responsibility of the User to review these
Terms of Use periodically for updates / changes.
Services
Carwash
CarZorro acts as an aggregator
who provide the Website & Mobile Application only. Provides a platform to
connect Vendors ( Car wash facility owner/ car maintenance facility owner) and Users
(Car Owner/ Driver or anyone who wants to avail the car wash through Website/
Mobile application).
The Website/ Mobile Application is a platform that vendor
utilized to Offer/ showcase their car care services & Prices to Users.
While user uses CarZorro platform to get their carwash done through their
selected vendors. There are multiple car wash packages available along with the
price offered by different vendors.
There are 3 type of service which can be selected from the
website / Mobile Application
1.
Self-Drive – User can select the
preferred vendor and opt to drive himself/ herself to the car wash facility
2.
Pick and Drop – User can select
the preferred vendor and opt to get his/ her car picked from the address he
chooses to get the car wash done and vehicle is being dropped to the same
address after the car wash
3. Door
Step - User can select the preferred
vendor and opt to get his/ her carwash done at their selected address.
The User acknowledges
that CarZorro is only an aggregator / marketing service provider and CarZorro
does not verify the bona fides and genuineness of Vendors, CarZorro cannot and
does not verify specific data provided by Vendors. Therefore, CarZorro shall
not in any manner be responsible or held accountable for any car Damage/ theft
/ Fraud between the Users and Vendors.
CarZorro has limited
control over all Vendors and information listed and / or advertised on the
Website / Mobile application.
Vendor
You,
as a Vendor, would be be required to provide all the necessary information as
may be deemed by CarZorro from time to time including but not limited to..
·
Bank details
·
Income tax details such as PAN
Card etc.
·
Registration certificates under
various provisions and laws
The
funds collected towards each user request shall be transferred
·
After 7 days of completion of
the service or as per withdrawal request
·
To the bank account number
provided at the time of initiation of the cause
·
CarZorro Fees, payment gateway
charges and applicable taxes would be deducted from the collected mount before
transfer
·
If at any time either during or
after the service, You are unable to fulfill your commitments, or out of
requirement under law, you shall return the money to the user within a timely
manner.
As
per the above guidelines, the vendor expressly agrees that the next working day
following the day the Service ends or is determined, shall be deemed to be the
day that the transaction between the user is completed. CarZorro shall settle
all amounts net of its fees to the accounts of the vendor in accordance with
the rules set out by the Reserve Bank of India in the Intermediary Guidelines.
·
CarZorro
also provide an interface to Vendor (by registering themselves as vendor) to
utilize showcase their services and price for services.
·
By Registering as vendor, Vendor can
create their profile and submit required documents for verification and
approval.
·
CarZorro would approve the vendor and
once approved, Vendor along with services they offer and their process would be
live on the Website/ Mobile application
·
By registering as vendor, Vendor would
be responsible for timely update of services they offer (For example - Self Drive, Pick up and Drop & Door
Step).
·
Vendor shall update the status of
service via Mobile app on a real time basis (i.e. Car Pickup, Dropped, Car
service started, car service completed, Payment received etc)
·
By registering as vendor, Vendor would
also be able to add multiple users as team and would be able to assign roles to
them (i.e. Driver, Mechanic etc). Its Vendor responsibility to do a background
check of the added users and CarZorro would not be liable in case of any
damage/ theft or any other type of customer complaint about the services.
·
By registering as vendor, you agree to
bear the charges/ Cost if any customer complaint arises about the service
provided by vendor.
·
By registering as vendor, you take the
full responsibility of safely car pick up / car drop and / OR any type of car
damage/ theft. Its your responsibility to ensure that at the time of pickup /
drop to click the pictures of the car from external and internal as a proof of
no presence of any personal belonging left in the car before pickup
·
By registering as vendor, vendor
agrees to all terms and condition mentioned here.
·
By registering as vendor, Vendor
agrees to abide the rules laid out here for penalties and rewards.
·
You further agree that by listing your
services on the Website/ Mobile application, you shall at all times abide by
various laws applicable to You including but not limited to the Income Tax Act,
1961, the Information Technology Act, 2000 as well as all rules and regulations
made under the respective laws and as amended from time to time.
Limited License
CarZorro
grants Vendor's a limited, non-transferable, non-exclusive, non-sub licensable,
non-assignable and personal license to use "Funds raised through CarZorro"
& "CarZorro.com" name and/or logo on stationery used by the vendor
for delivery of Communications / Receipts / Certificates, etc,.
Breach
if
You breach the Terms of Use or Privacy Policy or other ruler and policies, we
reserves the right to recover any amounts due and owing by You to us and to
take strict legal action including but not limited to
·
Referral to the appropriate
police or other authorities for initiating criminal or other proceedings
against You.
·
immediately
temporarily/indefinitely suspend or terminate or block Your membership
·
immediately remove Your
information from the website
User
·
By agreeing to the Terms of use,
you agree to CarZorro’s plans and pricing policy. Prices of different services
are decided by the service provider vendor and Carzorro’s has no control on the
pricing of services
·
By agreeing to the Terms of use,
you agree that it’s your responsibility to ensure there are no personal
belonging are left in the car while vendor is providing services and working on
the car.
- By agreeing to the Terms of
use, you agree to that CarZorro would not be held liable/ responsible of
any theft/ damage of the car while taking the service through CarZorro’s
Website/ Mobile application. CarZorro is just an aggregator who help you
to find a suitable vendor in your area and the services they provide.
- By agreeing to the Terms of
use, you agree to that Carzorro, would collect the service fee from you
(for the services you opted from selected vendor using CarZorro’s
platform) and transfer the same to vendor after applicable deductions.
- Carzorros reserve the right to change its
pricing / plans without any prior notice and its your responsibility to
frequently check terms and condition yourself.
Linked Websites / APIs/Social Networking Sites
CarZorro
uses other website links of affiliates and/or third parties. However CarZorro
does not take responsibility for examining or evaluation their product,
services or content and does not endorse any third party website(s)
Indemnity
The Vendors & Users shall indemnify and
hold harmless CarZorro, its owner, licensee, affiliates, subsidiaries, group
companies (as applicable) and their respective officers, directors, agents, and
employees, against all claim, actions, penalties, prosecution, proceedings
demand losses, disputes, charges, penalty, costs and expenses including
reasonable attorneys' fees, that may arise or may be incurred by CarZorro as
consequence of any default, breach, non-observance, non performance or
negligent act whatsoever by the Vendor & Users of any terms , conditions,
stipulations, provisions and/or violation of any law, rules or regulations or
the rights (including infringement of intellectual property rights) of a third
party more particularly stated herein and/or in any individual agreements
executed by CarZorro and the User.
You agree to release, indemnify and hold CarZorro
and its affiliates and their officers, employees, directors and agents harmless
from any from of theft, Damage and all losses, damages, expenses, including
reasonable attorneys' fees, rights, claims, actions of any kind and injury
(including death) arising out of or relating to your use of the Services, any
Donation, any loan, any User Content, your connection to the Services, your
violation of these Terms of Service or your violation of any rights of another.
Contents Posted on Site
All
text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music and artwork (collectively, "Content"), is a vendor/
user generated content and CarZorro has no control over such third party user
generated content as CarZorro is merely an intermediary for the purposes of
this Terms of Use.
Except
as expressly provided in these Terms of Use, no part of the Website/ Mobile
application and no Content may be copied, reproduced, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted or distributed in
any way (including "mirroring") to any other computer, server,
Website or other medium for publication or distribution or for any commercial
enterprise, without CarZorro's express prior written consent.
Intellectual property rights
Services
Content, Software and Trademarks: You acknowledge and agree that the Services
may contain content or features ("Services Content") that are
protected by copyright, patent, trademark, trade secret or other proprietary
rights and laws. Except as expressly authorised by CarZorro, you agree not to
modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create
derivative works based on the Services or the Services Content, in whole or in
part, except that the foregoing does not apply to your own User Content that
you legally upload to the Services. In connection with your use of the Services
you will not engage in or use any data mining, robots, scraping or similar data
gathering or extraction methods. If you are blocked by CarZorro from accessing
the Services (including by blocking your IP address), you agree not to
implement any measures to circumvent such blocking (e.g., by masking your IP
address or using a proxy IP address). Any use of the Services or the Services
Content other than as specifically authorized herein is strictly prohibited.
The technology and software underlying the Services or distributed in
connection therewith are the property of CarZorro, our affiliates and our
partners (the "Software"). You agree not to copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, or otherwise transfer any
right in the Software. Any rights not expressly granted herein are reserved by CarZorro.
Third
Party Material: Under no circumstances will CarZorro be liable in any way for
any content or materials of any third parties (including users and vendor),
including, but not limited to, for any errors or omissions in any content, or
for any loss or damage of any kind incurred as a result of the use of any such
content. You acknowledge that CarZorro does not pre-screen content, but that CarZorro
and its designees will have the right (but not the obligation) in their sole
discretion to refuse or remove any content that is available via the Services.
Without limiting the foregoing, CarZorro and its designees will have the right
to remove any content that violates these Terms of Service or is deemed by CarZorro,
in its sole discretion, to be otherwise objectionable.
The
CarZorro name and logos are trademarks and service marks of CarZorro
(collectively the "CarZorro Trademarks"). Nothing in this Terms of
Service or the Services should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any of CarZorro Trademarks
displayed on the Services, without our prior written permission in each
instance. All goodwill generated from the use of CarZorro Trademarks will inure
to our exclusive benefit.
Service
catalog content Transmitted Through the Services: With respect to the content,
photos, images, trademarks, logos, brands or other materials you upload or post
through the Services or share with other users or recipients (collectively,
"Vendor/ User Content"), you represent and warrant that you own all
right, title and interest in and to, or otherwise have all necessary rights and
consents to (and to allow others to) fully exploit, such User Content,
including, without limitation, as it concerns all copyrights, trademark rights
and rights of publicity or privacy related thereto. By uploading any User
Content you hereby grant and will grant CarZorro and its affiliated companies a
nonexclusive, worldwide, royalty free, fully paid up, transferable,
sublicensable, perpetual, irrevocable license to copy, display, upload,
perform, distribute, store, modify and otherwise use your User Content in
connection with the operation of the Services or the promotion, advertising or
marketing thereof, in any form, medium or technology now known or later
developed. Without limiting the foregoing, if any User Content contains your
name, image or likeness, you hereby release and hold harmless CarZorro and its
contractors and employees, from
·
all claims for invasion of
privacy, publicity or libel
·
Any liability or other claims by
virtue of any blurring, distortion, alteration, optical illusion, or other use
or exploitation of your name, image or likeness, and
·
Any liability for claims made by
you (or any successor to any claim you might bring) in connection with your
User Content, name, image or likeness. You waive any right to inspect or
approve any intermediary version(s) or finished version(s) of the results of
the use of your User Content (including your name, image or likeness). Further,
if any person (other than you) appears in your User Content, you represent and
warrant that you have secured all necessary licenses, waivers and releases from
such person(s) for the benefit of CarZorro in a manner fully consistent with
the licenses, waivers and releases set forth above. You further acknowledge
that your participation in the Services and submission of User Content is
voluntary and that you will not receive financial compensation of any type
associated with the licenses, waivers, and releases set forth herein (or CarZorro's
exploitation thereof), and that the sole consideration for subject matter of
this agreement is the opportunity to use the Services.
You
acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information about the Services ("Submissions"),
provided by you to CarZorro are non-confidential and CarZorro will be entitled
to the unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
You
acknowledge and agree that CarZorro may preserve content and may also disclose
content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process, applicable laws or government requests; (b) enforce these Terms of
Service; (c) respond to claims that any content violates the rights of third
parties; or (d) protect the rights, property, or personal safety of CarZorro,
its users or the public.
Copyright
Complaints: CarZorro respects the intellectual property of others, and we ask
our users to do the same. If you believe that your work has been copied in a
way that constitutes copyright infringement, or that your intellectual property
rights have been otherwise violated, you should notify CarZorro of your
infringement claim in accordance with the procedure set forth below.
CarZorro
will process and investigate notices of alleged infringement and will take
appropriate actions under the applicable intellectual property laws with
respect to any alleged or actual infringement. A notification of claimed
copyright infringement should be emailed to CarZorro's Copyright Agent at info@CarZorro.com
(Subject line: "Takedown Request").
To
be effective, the notification must be in writing and contain the following
information:
·
an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
·
a description of the copyrighted
work or other intellectual property that you claim has been infringed;
·
a description of where the
material that you claim is infringing is located on the Services, with enough
detail that we may find it on the Services;
·
your address, telephone number,
and email address;
·
a statement by you that you have
a good faith belief that the disputed use is not authorized by the copyright or
intellectual property owner, its agent, or the law;
·
a statement by you, made under
penalty of perjury, that the above information in your Notice is accurate and
that you are the copyright or intellectual property owner or authorized to act
on the copyright or intellectual property owner's behalf.
Counter-Notice:
If you believe that your User Content that was removed (or to which access was
disabled) is not infringing, or that you have the authorization from the
copyright owner, the copyright owner's agent, or pursuant to the law, to upload
and use the content in your User Content, you may send a written counter-notice
containing the following information to the Copyright Agent:
·
your physical or electronic
signature;
·
identification of the content
that has been removed or to which access has been disabled and the location at
which the content appeared before it was removed or disabled;
·
a statement that you have a good
faith belief that the content was removed or disabled as a result of mistake or
a misidentification of the content; and
·
your name, address, telephone
number, and email address, a statement that you consent to the jurisdiction of
the federal court located within Bangalore, Karnataka, India and a statement
that you will accept service of process from the person who provided
notification of the alleged infringement.
If
a counter-notice is received, CarZorro will send a copy of the counter-notice
to the original complaining party informing that person that it may replace the
removed content or cease disabling it in 15 business days. Unless the copyright
owner files an action seeking a court order against the content provider,
member or user, the removed content may be replaced, or access to it restored,
in 15 to 20 business days or more after receipt of the counter-notice, at our
sole discretion.
Repeat
Infringer Policy: In accordance with the DMCA and other applicable law, CarZorro
has adopted a policy of terminating, in appropriate circumstances and at CarZorro's
sole discretion, users who are deemed to be repeat infringers. CarZorro may
also at its sole discretion limit access to the Services and/or terminate the
memberships of any users who infringe any intellectual property rights of
others, whether or not there is any repeat infringement.
Waiver
The
User hereby agree and state that CarZorro is only a service provider to connect
users with the car related service providers. CarZorro enable the Vendor
organizations in India to market/publicize/create advertise their multiple
services and prices and CarZorro shall in no way be responsible for the
performance and/or liable for any mis-representation of any information
provided by the vendor in any manner whatsoever and the User hereby waives
his/her/their/its right to bring any action/cause/dispute against CarZorro for
any reason whatsoever.
Eligibility of the User
Use of the Website/ Mobile application is
available only to persons who can form legally binding contracts under the
Indian Contract Act, 1872. Persons who are "incompetent to contract"
within the meaning of the Indian Contract Act, 1872 including minors,
un-discharged insolvents etc. are not eligible to use the Website/ Mobile
application. CarZorro reserves the right to terminate your membership and / or
refuse to provide you with access to the Website/ Mobile application if it is
brought to CarZorro's notice or if it is discovered that you are under the age
of 18 years.
Legal Person's Registration: If you are
registering as an Organization / Entity or generally Legal Person, not being a
natural person, you represent that you are duly authorized by the Organization
/ Entity Management to accept these Terms of Use and you have the authority to
bind the Organization / Entity to these Terms of Use.
User Account and Registration Obligations
You
shall be responsible for confidentiality of your account, all activities that
occur under your Login Name and agree to agree that if any information provided
by You that is inconsistent, inaccurate, not current or incomplete or not in
accordance with these Terms of Use, We reserve the right to indefinitely
suspend or terminate or block access of your membership on the Website and
refuse You access to the Website/ Mobile application.
Privacy
CarZorro.in
is committed to protecting the privacy of the personal information of its
clients, employees, members, customers and other stakeholders. We value the
trust of those we deal with, and of the public, and recognize that maintaining
this trust requires that we be transparent and accountable in how we treat the
information that you choose to share with us. Our current Privacy Policy is
available at (link to CarZorro's Privacy Policy).
Disclaimer of Warranties and Liability
All
the materials and information (including but not limited to services) and
services, CarZorro does not warrant that:
·
This Website/ Mobile application
will be constantly available, or available at all; or
·
The information on this Website/
Mobile application is complete, true, accurate or non-misleading save and
except as provided herein and which information is provided by the Vendor
themselves and none that which is provided or verified by CarZorro.
CarZorro will not be liable to You in any way
or in relation to the Contents of, or use of, or otherwise in connection with,
the Website. Nothing on the Website constitutes, or is meant to constitute,
advice of any kind.
You will be required to enter a valid phone
number and e-mail address while registration/ making a payment . By registering
Your phone number and e-mail address with us, You consent to be contacted by us
and/or the user/ vendor via phone calls and / or SMS notifications, in case of
any reward or delivery related updates. We will not use your personal
information to initiate any promotional phone calls or SMS unless the same is
consented to by you.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. CarZorro AND ITS
AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
CarZorro AND ITS AFFILIATES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
OR THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS.
Payments/ Contribution/Donation
A - Donors / Contributors
CarZorro
reserves the right to refuse to process Transactions by User if the transaction
found fraudulent, or misleading other Users of the Website/ Mobile application
or breach / violation of any law or any charges imposed by Issuing Bank or
breach of any policy.
CarZorro
will accept payments towards the service charges only in Indian Rupees if you
are an Indian national. If you are not an Indian National, you should make a
payment towards service charges only through Foreign Payment Gateway.
CarZorro
will not be responsible or assume any liability, whatsoever in respect of any
loss or damage arising directly or indirectly to You while you availing various
payment methods available on the website to make any payment.
CarZorro
have all the rights to delay notifying the payment / transaction confirmation
if CarZorro feels suspicious. CarZorro may hold transaction price / amount and
inform law enforcement officials. At the request of law enforcement officials CarZorro
may not refund the received amount to user or vendor for that matter, if
engaged in any form of illegal activity.
CarZorro
shall make payments, net of its costs, charges and fees into the bank account
provided by the vendor/ user during Registration process. Once CarZorro has
made payments into such bank account number CarZorro shall be discharged of
any/all liability towards the vendor/ User, and payment shall not be eligible for any
claims and/or refunds thereof.
By
using payment facility on the website/mobile application, you have authorized CarZorro
or its service providers (like but not limited to payment gateways, banks and
marketplace settlement providers like, PayU, Razorpay, Stripe, Billdesk, Paytm,
Indusind Bank etc.) to collect, process, facilitate and remit payments. by
accepting these Terms of Use you agree that CarZorro is an independent
contractor for all purposes, and does not have control of or liability for the vendor
that are listed on CarZorro's Website/Mobile application wherein money is
transacted by using the Payment Facility.
Communications
When
You use the Website/ Mobile application or send emails or other data,
information or communication to CarZorro, You agree and understand that You are
communicating with CarZorro through electronic records and You consent to
receive communications via electronic records from CarZorro periodically and as
and when required. CarZorro may communicate with You by email or by such other
mode of communication, electronic or otherwise.
Modifications and Alterations
Further,
CarZorro shall at its discretion be entitled to modify the terms and conditions
of the terms of use and qualifications and conditions mentioned herein. The
User at all times shall be bound by the
rules/regulations/qualifications/conditions (as may be altered) at all times
and no person shall be entitled to dispute/challenge any such
modifications/alterations undertaken by CarZorro from time to time.
Limitation of Liability
In no event shall CarZorro be liable for any
incidental, indirect or consequential damages of any kind in connection with
theses terms of use.
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER CarZorro NOR ITS AFFILIATES WILL BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES,
OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CarZorro HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: THE USE OR THE INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE. IN
NO EVENT WILL CarZorro's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR
CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CarZorro IN THE LAST SIX (6)
MONTHS, OR, IF GREATER, Two Thousand Indian Rupees (Rs. 2000).
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF
SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute
Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT
AFFECTS YOUR RIGHTS
Most
user concerns can be resolved quickly and to the user's satisfaction by
emailing CarZorro support at info@CarZorro.com In the unlikely event that our
user support team is unable to resolve a complaint you may have (or if CarZorro
has not been able to resolve a dispute it has with you after attempting to do
so informally), we each agree to resolve those disputes through binding
arbitration, mediation, or small claims court instead of in courts of general
jurisdiction. Arbitration, which is often cheaper, faster and less formal than
a lawsuit in court, uses a neutral arbitrator instead of a judge or jury.
Arbitrators can award the same damages and relief that a court can award. Also,
in any arbitration under this arbitration provision in which you seek less than
Rs. 200,000 in damages, CarZorro will pay reasonable attorneys' fees should you
prevail. CarZorro will not seek attorneys' fees from you. However, if you
initiate an arbitration in which you seek more than Rs. 200,000 in damages, the
payment of attorneys' fees will be governed by the applicable rules. Any
arbitration under this Agreement will take place on an individual basis; class
arbitrations and class actions are not permitted.
Anti-Money Laundering (AML) policy
We
comply with the Anti-Money Laundering (AML) guidelines established by the
Reserve Bank of India, vide it's circular
RPCD.RRB.RCB.AML.BC.No.02/07.51.018/2014-15 on 1 July, 2014 and updated from
time to time.
For
payment on CarZorro.com, only standard channels of payment - verified credit or
debit cards, netbanking, cheque, or cash (upto limits allowed by the RBI) -
will be allowed. In case of cash payments, all payments above INR 24,999 have
to be furnished with the Permanent Account Number of the contributor.
Recipients
(Vendor, whether individuals or organizations) will comply with foreign
exchange rules as explained by the Foreign Exchange Management Act of the
RBI & FCRA guidelines. The recipient if an individual or an non-government
organization also understands that it needs to comply with FCRA guidelines by
applying for an FCRA certificate and inform the Central Government in Form FC-1
within thirty days from the date of receipt of such contribution whenever applicable.
This form is available on the website
1.
AML policies will be updated
time to time at the sole discretion of CarZorro
General
Applicable Law & Jurisdiction
Terms of Use shall be governed by and
interpreted and construed in accordance with the laws of India. By agreeing to
these Terms of Use you expressly agree that the place of jurisdiction shall be
exclusively in Lucknow. CarZorro is based in India in all respects. The Vendors
that are hosted by CarZorro are also based in India. For any disputes involving
CarZorro whether as a formal party or otherwise, the jurisdiction shall
exclusively be with the courts in Lucknow, India.
User disputes
You
agree that you are solely responsible for your interactions with any other user
in connection with the Services and CarZorro will have no liability or
responsibility with respect thereto. CarZorro reserves the right, but has no
obligation, to become involved in any way with disputes between you and any
other user of the Services.
Dispute Resolution
Any
dispute involving CarZorro, whether as a formal party or otherwise shall be
resolved by Arbitration of a sole Arbitrator appointed by CarZorroand in
accordance with the Indian Arbitration and Conciliation Act, 1996. The seat of
Arbitration shall be in Lucknow and the language to be used in all proceedings
shall be English.
CarZorro
and you agree to arbitrate all disputes and claims between us. This agreement
to arbitrate is intended to be broadly interpreted. It includes, but is not
limited to:
·
claims arising out of or
relating to any aspect of the relationship between us, whether based in
contract, tort, statute, fraud, misrepresentation or any other legal theory;
·
claims that arose before this or
any prior agreement (including, but not limited to, claims relating to
advertising);
·
claims that are currently the
subject of purported class action litigation in which you are not a member of a
certified class; and
·
claims that may arise after the
termination of this Terms of Service.
References
to "CarZorro", "we", "you", and "us"
include our respective subsidiaries, affiliates, agents, employees,
predecessors in interest, successors, and assigns, as well as all authorized or
unauthorized users or beneficiaries of services or devices under this or prior
agreements between us. Notwithstanding the foregoing, either party may bring an
individual action in small claims court. This arbitration agreement does not
preclude you from bringing issues to the attention of federal, state or local
agencies. Such agencies can, if the law allows, seek relief against us on your
behalf. You agree that, by entering into this Terms of Service, you and CarZorro
are each waiving the right to a trial by jury or to participate in a class
action. This arbitration provision shall survive termination of this Terms of
Service.
Contact Us
Grievance officer
In
accordance with Information Technology Act 2000 and rules made there under, the
name and contact details of the Grievance Officer are provided below:
Mr.
Abhishek Singh
Humntn Ventures Private Limited
Plot no 3, Triveni Nagar, Lucknow - 226020