Terms & Condition
Last Updated on: 17th Nov 2023
Contents
17. Insurance:
17.1 Motor Insurance Responsibility: Only the owner, the person authorized by the owner, or the registered owner of the Vehicle must obtain motor insurance for the Vehicle and ensure timely policy renewal.
17.2 Personal Property Disclaimer: Zeta is not responsible for damage, loss, or theft of any personal property belonging to you, co-passengers, or third parties, regardless of fault or negligence.
17.3 Liability Protection Scope: Liability protection exclusively covers claims of third-party bodily injury, death, or property damage (other than to the Vehicle) resulting from the vehicle’s use as permitted by this Agreement and applicable law. No coverage is extended to claims by you, co-passengers, or immediate family members traveling with you, placing full responsibility on your shoulders, with Zeta having no obligation.
17.4 Limitation of Liability: Zeta is not liable for indirect, special, punitive, or consequential
damages arising from the use of Zeta vehicles or this Agreement.
17.5 Safety Measures: You are responsible for taking safety precautions against criminal activity on or involving the Vehicle, such as theft or illegal detention. You must inform Zeta and cooperate in filing necessary complaints.
17.6 User Liability for Losses: If losses are not covered by insurance due to your misconduct, negligence, rash driving, or other unlawful activities, you will be liable for all costs.
17.7 Insurance Claim Process: In case of third-party damage, accidents, or own damage, you must promptly notify Zeta and the police authorities. Provide complete support and documentation during the legal and insurance claim process. Failure to do so, or a breach of this Agreement, may result in you bearing all costs and expenses.
17.8 User-Induced Vehicle Damage: If you cause damage to the Vehicle due to your willful misconduct, negligence, or breach of rules under the MV Act or this Agreement while the Vehicle is in your possession, you will be liable for all damages and losses.
17.9 Agreement Beneficiaries: This Agreement is intended for the benefit of you and Zeta, and no other party may claim rights hereunder. You agree to Zeta sharing the driver’s details with insurance authorities, investigators, and other relevant authorities and agencies dealing with third-party claims arising from the Vehicle.
8. Indemnity and Limitation of Liability
18.1 User’s Responsibility: You, your properties, legal heirs, and representatives agree unconditionally and irrevocably to indemnify and hold harmless Zeta, its directors, employees, officers, representatives, and agents from all losses arising out of or as a consequence of:
– Your breach of any Agreement provisions
– Infringement of any third party’s intellectual property by you
– Fraudulent and negligent actions by you
– Your breach or contravention of any applicable law in India
– You and your legal heirs/representatives/guardians shall bear final responsibility for all such losses.
18.2 Limitation of Liability: Under no circumstance will Zeta be liable to any third party for indirect, incidental, special, or consequential damages related to this Agreement or the use of Zeta vehicles and services. Zeta’s maximum liability under this Agreement, for any and all claims, will not exceed the total booking fees paid by you and other sums arising from this Agreement at that time.
18.3 Indemnity Survival: The responsibility to indemnify as set forth in this clause will survive the termination of this Agreement for any reason with regard to any indemnity claims arising in relation to its performance.
19. Data Protection:
19.1 User’s Personal Data: Zeta collects, stores, processes, and uses the User’s personal data, including but not limited to name, email ID, internet protocol address, and various identity proofs, as necessary for the administration and implementation of this Agreement and the User’s use of Zeta’s Vehicles.
19.2 Third-Party Services: Zeta may share User’s personal data with third-party service providers as required to fulfill its objectives.
19.3 Personalized Offers: Zeta may provide User’s personal data to third parties for the purpose of offering personalized offers, services, and customized information/products to Users.
19.4 Data Protection Measures: Zeta implements and maintains reasonable procedures to protect sensitive personal information in compliance with applicable law.
19.5 Data Disclosure: Zeta may disclose User information to its controlled companies, affiliates, government bodies as required by law or government directives, or to third parties deemed fit and proper by Zeta in its sole discretion.
19.6 Privacy Policy: Users will be governed by Zeta’s privacy policy on the Website/Application.
20. Representations and Warranties
20.1 User’s Declaration: By accessing and using the Application/Website/Zeta’s Vehicle, you declare that you are not a minor under applicable laws, have the authority to enter into legal contracts, and the information provided to Zeta is complete, truthful, and accurate.
20.2 User’s Responsibilities: You agree not to allow non-users to drive the Vehicle, conduct yourself professionally with Zeta’s Users, avoid unethical or inappropriate behavior, and refrain from accepting cash payments or advances from Zeta’s Users.
20.3 Zeta’s Discretion: Zeta reserves the right to restrict, suspend, or terminate your access to the Application/Website without notice in case of breach of the above representations and warranties.
21. Jurisdiction and Dispute Resolution:
21.1 Any Dispute, controversy or claims by or between, Zeta and the User, hereto arising out of or relating to or in connection with terms and conditions of this Agreement or transactions contemplated on Application/Website, or the breach, termination, validity of any term under this Agreement shall be finally settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. There shall be a sole arbitrator appointed by Zeta. Any arbitration proceedings or award rendered hereunder and the validity, effect and interpretation of this Agreement to arbitrate shall be governed by the Laws of India. The venue of arbitration shall be Haryana, and the award shall be rendered in the English Language. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
21.2 Further;
(i) Subject to Sub-clause (ii) below, the courts in Haryana have the exclusive jurisdiction for the purpose of hearing and determining any litigation, suit, action or proceedings and/or to settle any disputes arising out of or in any way relating to this Agreement or its formation or validity.
(ii) Nothing in this Clause shall (or shall be construed to) limit the right of Zeta to initiate proceedings against any User in accordance with Section 20 of the Civil Procedure Code, 1908.
(iii) Notwithstanding anything contained in the foregoing Sub-clauses, the jurisdiction in relation to criminal proceedings shall be governed in accordance with the provisions contained in Chapter XIII of the Code of Criminal Procedure, 1973.
21.3 Users agree to pay reasonable attorneys’ fees and costs to Zeta, in any legal proceeding relating to this Agreement, including appeals, where the respective court or forum pronounces the order in favour of Zeta.
21.4 Users must not aid or encourage the filing of any third-party claim or lawsuit against Zeta and must cooperate fully with Zeta and Zeta’s insurer in the investigation and defense of any claim or lawsuit. In any proceeding involving the User and Zeta as co-defendants, should Zeta determine in its sole discretion that the User’s independent attorney has not aligned its defense with that of Zeta, Zeta shall be entitled to call upon the User to change his attorney to one advised by Zeta and the User shall accordingly change his attorney at his own cost.
21.5 User must immediately notify and deliver to Zeta every summons, complaint, document, or notice of any kind received by the User in any way relating to an accident, theft, or other circumstances related to the Vehicle.
22. General Clauses:
22.1 Entire Agreement: This Agreement constitutes the entire understanding between the Parties, canceling any prior agreements. You agree not to rely on any representations or assurances other than those stated in this Agreement.
22.2 No Waiver: No terms of this Agreement can be changed or waived unless in writing by an authorized representative of Zeta. Failure to enforce any part of the Agreement does not constitute a waiver of rights.
22.3 Assignment: The rights granted to Users under this Agreement are not assignable or transferable, in whole or part. Any attempt to transfer this Agreement without the written consent of Zeta shall be void and of no force and effect. Zeta reserves the right and can at its absolute discretion can assign the rights and obligations under this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
22.4 No Agency: Users are not considered Zeta’s agents and have no authority to act on Zeta’s behalf.
