ZUGO : Terms And Conditions

TERMS AND CONDITIONS FOR USE OF SERVICES
This [**Website/ Application/ Services] is/are [**operated /provided] by Eventus Infosoft Private Limited.
These terms and conditions (“User Terms”) apply to your visit to and your use of the mobile application and web application and Services at www.ZUGO.in (the “Website”) whether through a computer or a mobile phone, the Service and the Application (as defined below), as well as to all information, recommendations and or services provided to you on or through the Website, the Service and the Application.
In this Terms and Conditions for Service, “ZUGO” refers to Eventus Infsoft Private Limited. “You” and “your” means a person who meets the eligibility criteria set as explained below.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING THE APPLICATION AND/OR USING THE SERVICE AND WEBSITE.

1       SERVICES

ZUGO offers information and a means to obtain transportation services offered by third party service providers, drivers or vehicle operators (“SP”), which may be requested through phone via call centre, Website, the use of an application supplied by ZUGO and downloaded and installed by you on your single mobile device (smart phone) (the “Application”) or through any other channel made available by ZUGO for ‘booking’ purposes. All services provided by ZUGO to you by means of your use of the booking channel, for booking purposes, are hereinafter referred to as the “Service”.

2       CONTRACTUAL RELATIONSHIP

By using the Service, you enter into a contract with ZUGO (the “Contract”). In order to be able to use the Service, you first need to read and accept the terms and conditions on the website. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service.

3       HOW TO USE THE SERVICE

The service allows you to send a request through ZUGO to a “SP” in ZUGO network. The “SP” has sole and complete discretion to accept or reject each request for service. If the “SP” accepts a request, ZUGO notifies you and provides information regarding the “SP” - including driver name, vehicle license number - and the ability to contact the “SP” by telephone.
ZUGO shall procure reasonable efforts to bring you into contact with a “SP” in order to obtain transportation service, subject to the availability of “SP” in or around your location at the moment of your request for transportation services.
For the avoidance of doubt: ZUGO on its own, does not provide transportation services, and ZUGO is not a transportation carrier. It is up to the “SP” to offer transportation services, which may be requested through the use of the Service. ZUGO only acts as intermediary between you and the “SP”. The provision of the transportation services by the “SP” to you is therefore subject to the agreement (to be) entered into between you and the “SP”. ZUGO shall in no event be made a party to such agreement.
 

3.1       USER PROVIDED CONTENT

You warrant that the information you provide to ZUGO is accurate and complete for the information requested by the respective channel of booking. ZUGO is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons. You may only access the Service using authorized means. ZUGO will not be responsible for any loss, damage or disruption of service due to error in data provided at the time of booking.

3.2       Service request via phone: (We do not use Phone Booking.. Only Mobile and Web. Customer can call to call center to get info or complaint)

ZUGO shall endeavour to answer your calls and cater to your requirements; Nevertheless ZUGO does not assure a response at all times due to the dependency on the call handling capacity which is variable in nature. The call may be recorded by ZUGO for quality and training purposes. By booking via phone, you also agree to the terms and conditions governing the service (go to www.ZUGO.in for detailed T&C). ZUGO will store the information provided for contacting you for all service related matters. You may promptly inform ZUGO on any change in the information provided, in order to serve you better.

3.3       Service request via website or/and Mobile App:

You may place a booking through our website www.ZUGO.in. It is mandatory to register with a valid mobile number and e-mail at the time of first booking. By signing up, you also agree to the User Terms governing the site. ZUGO will store the information provided for contacting you for all service related matters. You shall promptly inform ZUGO on any change in the information provided, in order to serve you better.

3.4       NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. ZUGO does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

3.5       USER ACCOUNTS

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to ZUGO certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or ZUGO's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by ZUGO in writing, you may only possess one Account.

3.6       BOOKINGS VIA MOBILE APPLICATION:

ZUGO application may be downloaded by you on your device for availing the Service. By downloading the Application, you also agree to the User Terms. ZUGO will store the information provided for contacting you for all service related matters. You may promptly inform ZUGO on any change in the information provided, in order to serve you better.
It is your responsibility to check to ensure you download the correct Application for your device. ZUGO is 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. ZUGO reserves 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       USER PROVIDED CONTENT

By using the Application or the Service, you further agree that:
ü  You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;
ü  You will not authorize others to use your account;
ü  You will not assign or otherwise transfer your account to any other person or legal entity;
ü  You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
ü  You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
ü  You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
ü  You will not impair the proper operation of the network;
ü  You will not try to harm the Service or Application in any way whatsoever;
ü  You will not copy, or distribute the Application or other ZUGO Content without written permission from ZUGO;
ü  You will keep secure and confidential your account password or any identification ZUGO provides you which allows access to the Service through any booking channel;
ü  You will provide ZUGO with whatever proof of identity ZUGO may reasonably request;
ü  You will only use an authorized network to avail of the service;
ü  You are aware that when requesting transportation services by SMS if available in your jurisdiction), standard messaging charges will apply;
ü  You will not use the Service or Application with an incompatible or unauthorized device;
ü  You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service.
ZUGO reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.

3.8       CONFIRMATION OF BOOKING

ZUGO shall, upon receiving the booking request from you in the manner set out above, proceed to confirm or decline the booking based on the availability of vehicles at the pickup time, which shall be informed to you vide a sms and 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 us on 9887766677. 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/email or failure to inform ZUGO of the incorrect details immediately.
When you book a cab, you select a cab based on the Registration Plate Number and at the time of pick-up ZUGO ensures that you get the same vehicle, if due to unforeseen circumstances like breakdown, accident etc., if the selected vehicle is not available, then ZUGO and its partner are liable to ensure that you get the same vehicle type with all the amenities you looked for while confirming the booking and at the same price you had booked the earlier vehicle. ZUGO or its Partners shall not cancel any bookings on their own, the Customer has to log in onto our website or mobile app to cancel the booking. Standard Terms of Cancellation as mentioned in our website shall apply.

3.9       TEXT MESSAGING

By creating an account, you may receive messages in your mobile phone from ZUGO regarding the following: (i) confirmation of booking; (ii) ZUGO declining your booking; (iii) providing driver details; and (iv) total fees to be paid. However, the above list is not exhaustive in nature and you may receive additional and different messages from ZUGO about your booking and other services. You hereby understand, agree and give consent to the receipt of such messages from ZUGO. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

4       PAYMENT

You may choose to pay for the transportation services by either of the following two methods:
Cash payment: Cash payment after the completion of transportation services can be made to the driver nominated by the “SP” for the settlement of the fare payable. You are responsible for the timely payment of all fees in cash to the driver nominated by the “SP”.
Online payment: Online payment for trips can be made to ZUGO in advance of the transportation services, through any of the payment methods offered on the Website and the Mobile Application. When you choose to make an online payment, ZUGO shall collect the fare on behalf of the driver and “SP” who will be responsible for providing the transportation services. Collection of the fare on behalf of the driver and “SP” shall in no way imply that the transportation services are being provided to you by ZUGO.
ZUGO also offers you the facility of making an online payment through an [ewallet] powered by a third party payment processor (“Payment Processor”). The processing of payments or credits, as applicable, in connection with your use of the [ewallet] will be subject to the terms, conditions, and privacy policies of the Payment Processor that ZUGO engages for the purpose.
ZUGO will not be responsible for any errors by the Payment Processor. In connection with your use of the Services, ZUGO will obtain certain transaction details, which ZUGO will use solely in accordance with its Privacy Policy. In the event the payment cannot be accepted through any of the methods offered on the Website or Application, you shall be required to pay the fare of the transportation services in cash in terms of paragraph 1 (Cash payment) above. 
ZUGO will generate the invoice on behalf of the “SP” servicing your request, which will be sent across to your registered e-mail. Please note that all payments like parking, toll fees, waiting charges or any payment made to the Payment Processor is non-refundable. The same is the liability of the customer while availing the services of the “SP”.
The taxi fare is payable by you, regardless of the method of payment, as displayed in the meter / as mentioned in SMS / E-mail for flat rates and other service charges and applicable taxes. All expenses during the journey like parking charges, additional night surcharge and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the taxi services. toll fees will be payable by you as applicable, when the cab availed crosses a toll post/border post while you are availing the services.

5       CANCELLATION POLICY

You may cancel the booking 1 hour prior to the time of journey, without any cancellation charges for all services.
Any cancellation made within 1 hour of travel might attract cancellation charges. Instances where booking was made under a Flat Rate, 50% of the fare shall be payable as cancellation fee. Instances where fare is payable as per the taxi meter, 50% of the minimum fare is payable.
If any customers pays the booking money(in advance) and cancels the trip before 1 hour of booking then the refund will be made in online mode to customers within 5 days.
During the Launch Phase the company has decided to waive off any cancellation charges, till such time the company decides to withdraw this facility of waiving of the cancellation charges if the customer cancels the booking. The company is not liable to inform the customer in person of the withdrawal of waiver of cancellation charges, and the same shall be notified in the website whenever the company withdraws the waiver of the cancellation charges and the customer is required to visit the website for any update of the terms and conditions.
If customer cancels the booking, the liable refund amount shall be refunded within 10 working days of the date of cancellation of the booking.

6       CUSTOMER RELATIONSHIP MANAGEMENT

All issues, opinions, suggestions, questions and feedback while availing our Services may be communicated to us through email address mentioned on the trip bill received. This is the official and only channel for redressal of any customer issue.
Reporting of any issue needs to be within 7 days of the happening of the issue, failing which, such issue will not be addressed.
Any issue reported on channels other than the above may be addressed by ZUGO only on a best-effort basis. ZUGO takes no liability for inability to get back on other channels.
ZUGO shall respond to your issues within 2 working days of your reporting the same. ZUGO shall endeavor to resolve the same within 10 working days. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, ZUGO shall not be liable for any damages or losses in the event you are not satisfied with any such resolution.

7       DISCLAIMER, LIABILITY AND INDEMNIFICATION

7.1       DISCLAIMER

The services are provided "as is" and "as available." ZUGO disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The customer agrees and acknowledges that the use of the mobile app/website is at the sole risk of the customer and that company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality and fitness for any purposes are excluded to the fullest extent permitted by law.
The information contained in this website / application is for general information purposes only. The information is provided by ZUGO and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
All images, audio, video and text in the Website and/or Application are only for illustrative purposes. Any resemblance of any character in a video to anybody or anything in any context is purely unintentional and/or coincidental. ZUGO’ rights are subject to the terms of the agreement entered between ZUGO and its content and image providers. The images of the Vehicle are uploaded by the “SP”, the physical condition of the vehicle is verified by the ZUGO team in person and ZUGO ensures the vehicle condition shall be updated every  6 months.
Every effort is made to keep the Website / Application up and running smoothly. However, ZUGO takes no responsibility for, and will not be liable for, the Website / Application being temporarily unavailable due to technical issues beyond our control.
In addition, ZUGO makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. ZUGO does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

7.2       INDEMNIFICATION

By accepting these User Terms and using the Service, you agree that you shall defend, indemnify and hold ZUGO, 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 use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) ZUGO's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

7.3       LIABILITY

ZUGO shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services. ZUGO shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider. ZUGO shall not be liable for delay or failure in performance resulting from causes beyond ZUGO's reasonable control.
You shall take full responsibility of your items and luggage. In case of lost items inside the Vehicle during the journey, ZUGO 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 taxi or have any complaint in respect of the Services or the use of the taxi, you have to inform ZUGO of the same in writing within 24 (twenty four) hours of using the taxi or the services of ZUGO. In the event it is found, the same may be collected from the ZUGO offices near you after 3 (three) working days from the date you were informed. ZUGO however shall not be responsible for delivering the same back to you. If requested, ZUGO 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 [20] kms from the ZUGO office.ZUGO shall charge you a flat fee of Rs. 500/- for such delivery. ZUGO will not be responsible for any delay in or failure of message due to any technical error or due to any delay on account of service provided by the mobile service provider of the ZUGO or your and /or the person whose number has been provided for booking.

8       LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY

Subject to your compliance with these Terms, ZUGO grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by ZUGO and ZUGO's licensors.

8.1       For the purpose of this User Term, the following definitions apply:

“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials owned or used by ZUGO, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party.
User means a person who accesses or uses the Service or Application, in this case, you
Subject to your compliance with these User Terms, ZUGO grants you a limited, non-exclusive, non-transferable license: to view, download and print any content solely for your personal and non-commercial purposes; and
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Content, except as expressly permitted in these User Terms. You may not reuse any Content without first obtaining the written consent of ZUGO. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ZUGO or its licensors, except for the licenses and rights expressly granted in these User Terms.
Any use by you of the content is entirely at your own risk.

8.2       APPLICATION LICENSE

Subject to your compliance with these User Terms, ZUGO grants you a limited non-exclusive, non-transferable 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.
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 Application 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 Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application 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 or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, 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 Application.
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 tortuous material, including material harmful to children or in violation 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 Website, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
ZUGO will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ZUGO may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that ZUGO has no obligation to monitor your access to or use of the Website, Service, Application or Content, but has the right to do so for the purpose of operating the Website, the Application 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. ZUGO reserves the right, at any time and without prior notice, to remove or disable access to any Content that ZUGO, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Application.

8.3       INTELLECTUAL PROPERTY OWNERSHIP

These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by ZUGO. ZUGO's name, logo, and the product names associated with the Application and Service are trademarks of ZUGO, its affiliated companies or third parties, and no right or license is granted to use them.
ZUGO alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.

8.4       THIRD PARTY INTERACTIONS

During the use of the Website, the Application and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Application and the Service and are beyond ZUGO's control.
During use of the Website, the Application and the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of “SP”s, advertisers or sponsors showing their goods and/or services through a link on the Website or through the Application or Service. These links take you off the Website, the Application and the Service and are beyond ZUGO's control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. ZUGO is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.
Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

8.5       TERM AND TERMINATION OF LICENSE AGREEMENT

The agreement between ZUGO and you is perpetual in nature upon downloading the Application and for each booking in any other mode.
You are entitled to terminate the agreement at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on ZUGO's website.
ZUGO is entitled to terminate the agreement at all times and with immediate effect (by disabling your use of the Application and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of ZUGO, misuse the Application or the Service. ZUGO is not obliged to give notice of the termination of the agreement in advance. After termination ZUGO will give notice thereof in accordance with these User Terms.

8.6       INVALIDITY OF ONE OR MORE PROVISIONS

The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.

9       OTHER PROVISIONS

9.1       MODIFICATION OF THE SERVICE AND USER TERMS

ZUGO reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. ZUGO may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

9.2       NOTICE

ZUGO may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in ZUGO's account information, or by written communication sent by regular mail to your address on record in ZUGO's account information.

9.3       PRIVACY AND COOKIE NOTICE

ZUGO collects and processes the personal data of the visitors of the Website and users of the Application according to the Privacy and Cookie Notice.

9.4       APPLICABLE LAW AND DISPUTE RESOLUTION

These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, “Disputes”) will be settled exclusively by the competent court in Jaipur, India, unless you notify ZUGO within one month after ZUGO invoking its right pursuant to this provision to commence court proceedings in India, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.