Terms & conditions
“Account” shall mean the account created by the Customer on the App for availing services provided by ZEVFY.
“App” shall mean the zevfy mobile application available on Google Play Store.
“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
“ZEVFY” or “Zevfy” or “we” or “our” or “us” shall mean ZEVFY a Proprietary Firm, related to service industry, incorporated under any statutory modifications thereto which expression shall unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
“Business hours” shall mean the period of 9 a.m. to 9 p.m. during which time Zevfy pit stop shall remain open for business.
“Customer”, “you” and “your” shall mean the registered user who has an Account on the App / Site and whose photograph, information, government issued photo ID and address proof was collected at the time of registration.
“Zevfy pit stop” shall mean locations from which a Zevfy vehicle can be picked up and/or returned.
“Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of ZEVFY.
“Fee” shall mean the hourly fee or any other rates or discounts as applicable available in the Rate Card.
“Rate Card” shall mean the Zevfy rate card, for use of the Services, which is in the menu section of the App.
“Registration Details” shall mean and include the present, valid, true and accurate name, email address, phone number and such other information as may be required by the App/ the Site from you from time to time for registration on the App.
“Services” shall mean facilitation of renting of self driven electric scooters or any other vehicles by ZEVFY through the App.
“Site” shall mean the website www.zevfy.com operated by ZEVFY.
“Vehicle” shall mean the electric scooters or other vehicles provided on rental basis by ZEVFY to the Customer.
Eligibility to avail services provided by the App
You will be eligible to use the App and / or Services provided by the App only if you fulfill all the following conditions:
You are competent to enter into a legally binding contract under Applicable Laws;
You have attained at least 18 years of age; and
You have a government issued valid driving license, in the case of Vehicles requiring the same under Applicable Laws.
If you do not qualify for the services under the eligibility criteria provided above, or cannot operate the Vehicle you are renting, do not attempt to register for the App and / or the Site and/ or use the Services.
Registration and Account
You understand and acknowledge that you can register for the App only after complying with the requirements of this clause and by entering your Registration Details.
You shall ensure that the Registration Details provided by you are accurate, complete, current, valid and true and are updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Details provided by you.
You shall be required to furnish a government issued photo ID and an address proof to set up your Account. Any one of the following government issued photo IDs can be presented by you for setting up your Account:
- Aadhar Card
- Voter ID
- PAN Card
- Driving License
Any one of the following address proofs can be presented by you for setting up your Account:
- Aadhar Card
- Voter ID
- Driving License
- Electricity Bill
You shall ensure that the government issued photo ID and address proof provided by you are accurate, complete, current, valid and true and updated from time to time. We shall no liability for false, incomplete, old or incorrect government issued photo ID and / or address proof.
You are solely responsible for maintaining the confidentiality of your Registration Details and will be liable for all activities and transactions that occur through your Account, whether
initiated by you or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.
We reserve the right to suspend or terminate your Account with immediate effect and for an indefinite period, if we have reason to believe that the Registration Details or any other data provided by you is incorrect or false, or that the security of your Account has been compromised in any way, or for any other reason we may find just or equitable.
It is your responsibility to check and ensure that you download the correct application for your mobile device. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the App for your mobile device. We reserve the right to terminate the services provided by the App should you be using the App with an incompatible or unauthorized device.
We allow you to open only one Account in association with the Registration Details provided by you. In case of any unauthorized use of your Account please immediately reach us at [email protected]
In case, you are unable to access your Account, please inform us at [email protected] and make a written request for blocking your Account. We will not be liable for any unauthorized transactions made through your Account prior to the expiry of 72 (seventy two) hours after you have made a request in writing for blocking your Account, and shall not have any liability in case of a Force Majeure Event.
ZEVFY facilitates the renting of self driven electric scooters or other vehicles through the App/ the Site. To avail of the Services, the Customer is required to download the App, enter Registration Details and provide a government issued photo ID and an address proof to set up an Account [as set out above]. The Account will need to be set up only once i.e. the first time the Customer rents the Vehicle.
After an account is set up, you can locate a Zevfy pit stop near you and check whether a vehicle is available at the Zevfy pit stop. If such Vehicle is available, you can collect the same at the Zevfy pit stop and ride it to your destination.
You can avail of the Services on an hourly basis or on a daily basis.
If you choose to avail the Services on an hourly basis, you will be charged a Fee per hour (i.e. 60 minutes) in accordance with the terms of the Rate Card.
If you choose to avail the Services on a daily basis i.e. from 9:00 a.m. to 9 p.m., you will be charged a flat daily rate in accordance with the terms of the Rate Card. The daily rate is applicable for vehicles rented from 9:00 a.m. and returned to a Zevfy pit stop before 9 p.m.
Keys to the Vehicle and a helmet will be provided to you at the time of renting the Vehicle from a Zevfy pit stop. Wearing a helmet while using the Vehicle is mandatory under these
To return the vehicle, you must locate the nearest Zevfy pit stop on the App and return the Vehicle before the closure of business hours. When you return the Vehicle at a Zevfy pit stop, you shall be provided with an Invoice for the Services in your registered email. You shall make payment towards the said invoice at the time of returning the Vehicle at a Zevfy pit stop.
By using the App/ Site / Services, you further agree that:
You will only use the Services or download the App for your sole, personal use and will not resell or assign it to a third party;
You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
You will not use the App/ Site/ Services for any unlawful purposes;
You will not try to harm the App/ Site/ Services or our network in any way whatsoever;
You will provide ZEVFY with such information and documents which ZEVFY may reasonably request;
You will only use an authorized network to avail the Services;
You are aware that when requesting our Services, data charges of the phone network service providers, will apply;
You will comply with all Applicable Laws of your country of domicile and residence and the country, state and/ or city in which you are present while using the App/ Site/ Services; and
You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
ZEVFY reserves the right to immediately terminate the Services and use of the App in the event of not compliance with any of the above requirements. Further, ZEVFY will store the information provided by you. You shall promptly inform ZEVFY of any change in the information provided by you, before next ride.
You agree to grant ZEVFY a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. You agree and permit ZEVFY to share your information and/ or Permitted Information, with third parties.
ZEVFY will be entitled to enter into any tie up in terms of joint venture or otherwise with any other institution. In such case, depending upon the modality and mechanism that may be devised, you will be provided with the Services by ZEVFY jointly and/ or severally with the party/ies in joint venture. You hereby give your irrevocable consent and permission to such a tie-up. In the event of such tie-up, the terms and conditions herein contained will mutatis mutandis, become applicable in respect of such tie-up arrangement also.
ZEVFY shall charge a Fee for the Service which shall be determined and amended at the sole and absolute discretion of ZEVFY. The Fee shall be payable by you to ZEVFY and shall be informed to you.
By registering and opening an Account, you agree to pay the costs, charges, fees, expenses and the Fee as set out in the Rate Card [found in the menu section of the App] The costs, charges, fees and expenses set out in the Rate Card are not exhaustive and other specific fees, costs and charges may apply. Other applicable costs as may be applicable will be communicated to you.
You shall choose to pay for the Services by either of the following methods:
- PAYTM Wallet
- Credit Card/ Debit Card
Cash – Cash payment can be made by you at the Zevfy pit stop at the time of returning the Vehicle at a Zevfy pit stop.
The first time you are using the Services, you shall make payment either through PAYTM wallet, credit card or debit card. Subsequent payments towards Services can be made to be made through PAYTM wallet, credit card, debit card or cash.
You shall be provided with an electronic Invoice at the Zevfy pit stop at the time of return of the Vehicle. You shall make payment towards the Invoice at the time of returning the Vehicle.
You are under obligation to ensure that the account from which the amounts are to be collected have sufficient funds or credit available to cover any charges.
You are solely responsible for any associated application, bank or credit card charges or fees.
You may be charged a processing fee for a declined credit or debit card payment.
Any payment related issue, except when such issue is due to an error or fault in the Site/ the App, shall be resolved between you and the payment processor. ZEVFY shall not be responsible for any unauthorized use of your PAYTM Wallet during or after availing the Services.
In the event you default on making any payments, ZEVFY is entitled to charge the fees and/or any reminder fees, as the case may be and default interest in accordance with the
provisions of the law. In addition, ZEVFY may engage the services of third parties to collect amounts owed to ZEVFY by you.
In the event you fail to pay applicable Fees as per the terms of the Rate Card, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the Fee, and in such event, your Account may be terminated by ZEVFY.
ZEVFY reserves the right to prohibit / block you from making a subsequent reservation until all outstanding fees in your Account have been cleared / paid in full.
REFUND & CANCELLATION
In the event you cancel your booking, ZEVFY shall not charge you any cancellation fee. In the event that the booking is cancelled by you on account of any fault/ failure in the Vehicle and / or any other fault failure on the part of ZEVFY, ZEVFY will refund the amount paid by you towards the Service.
In the event you do not reach a Zevfy pit stop within 60 minutes of booking start time, the booking would stand automatically cancelled. You can make another booking after a period of 10 minutes.
RETURN OF VEHICLE
The Vehicles must be returned to a Zevfy pit stop before 9:00 p.m.
You must inform Zevfy pit stop of your inability to return the Vehicle prior to close of business hours. In such an event, you are liable to pay a late fee of Rs.2/- [Rupees Two Only] per minute in addition to the daily/ hourly Fee.
KEYS, HELMETS OR OTHER ACCESSORIES NOT RETURNED / RETURNED IN BROKEN CONDITION
In the event you fail to return in same condition as it was provided to you the keys to the Vehicle and/ or the helmet and / or any other accessories provided by ZEVFY, during business hours at a Zevfy pit stop, ZEVFY is entitled to charge you a fine of Rs.600/- [Rupees Six Hundred Only] and cost of replacement of each helmet/ Rs.1000/- [Rupees One
Thousand Only] for replacement key set Rs.150/- [Rupees One Hundred Fifty Only] for replacement key chain toy/ Rs.2200 [Rupees Two thousand Two hundred Only] for replacement vehicle’s metal body gaurd accessories.
In the event you fail to pay the fine and/ or the cost of replacement, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fines and / or replacement cost, and in such event, your Account may be terminated by ZEVFY.
Vehicle rented by you at a Zevfy pit stop must be returned to a Zevfy pit stop in the same condition in which it was rented. In the event the Vehicle is found to be in any manner damaged, a fee of upto Rs. 800/- [Rupees Eight Hundred Only] will be charged by ZEVFY to you. Any additional charges for repairing the vehicle over Rs.800/- [Rupees Eight Hundred Only] shall be borne by ZEVFY except in the following circumstances.
In the event you are found to be under the influence of alcohol or any other intoxicant or in violation of Applicable law during a rental, you will be held liable for 100% of the vehicle damage bill as per the invoice received from the vehicle workshop.
In the event You permit any third party to drive the Vehicle in your place, you will be held liable for 100% of the vehicle damage bill as per the invoice received from the vehicle workshop.
If You are found to have driven the Vehicle in a rash, negligent or reckless manner, you will be held liable for 100% of the vehicle damage bill as per the invoice received from the vehicle workshop.
If you knowingly break any traffic rules, you will be held liable for 100% of the vehicle damage bill as per the invoice received from the vehicle workshop.
In the event you are found to be involved in the activities set out above, you shall be liable to pay for damage caused to the Vehicle and we shall also have the right to terminate your Account. In the event you fail to pay for the damage, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the damage to vehicle or misbehaving as the case may be, and in such event, your Account may be terminated by ZEVFY.
TRAFFIC AND PARKING VIOLATIONS
In the event any fine is imposed on you by the relevant authorities on account of traffic/ parking violations, you shall be solely liable to pay the same the relevant authorities.
In the event ZEVFY is informed of any violation by you or required to pay a fine towards any violation by you by relevant authorities, ZEVFY shall make such payment and shall recover the same from you.. In the event you fail to make a payment towards the said fines to ZEVFY, you shall be liable to make payment of Rs.500/- [Rupees Five Hundred Only] per month for every month that you fail to make payment in addition to the penalty.
TOWING AND IMPOUNDING
In the event the Vehicle is towed / impounded by relevant authorities, and such towing / impounding occurred as a result of a fault / failure of the Vehicle, ZEVFY will bear the cost of having the Vehicle released from relevant authorities.
In the event the Vehicle is towed / impounded by relevant authorities, and such towing / impounding occurred as a result of your negligence / failure to adhere to Applicable Laws, you will be liable to bear the cost of having the Vehicle released from relevant authorities. In such cases, ZEVFY shall have the Vehicle released from the relevant authorities and issue an invoice to you for payment towards the charges incurred.
COLLISION OR OTHER INCIDENT
If you are involved in an incident (including but not limited to a collision or misuse of the Vehicle) during the course of availing the Services / renting the Vehicle, you will be responsible forr.
In case of damages covered by insurance, an amount of Rs.800/- [Rupees Eight Hundred Only]. The remaining amount shall be paid by the insurance company;
In case of damages not covered by insurance, an invoice of the damages incurred shall be provided to you and you shall be liable to pay the same. All willful damages / damages due to negligence/ damages caused due to the rider speeding and / or being in any manner intoxicated, shall not be reimbursed by the insurance company.
If you are involved in a collision during the course of availing the Services / renting the Vehicle, you will be responsible for all towing and impounding charges associated with the said collision.
In the event you fail to pay for the damage caused on your account under this clause, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the damage to vehicle or misbehaving as the case may be, and in such event, your Account may be terminated by ZEVFY.
DEATH/ INJURY TO PERSON OR DAMAGE TO PROPERTY
In case you cause death/ injury to yourself and/ or to any other person during the course of availing the Services/ renting the Vehicles, you shall be solely and absolutely responsible for the same. ZEVFY is in no manner responsible for any injury caused to you and/ or to a third party, by you.
In case you cause damage to property during the course of availing the Services/ renting the Vehicles, you shall be solely and absolutely responsible for the same. ZEVFY is in no manner responsible for any damage caused by you.
You shall be solely responsible for payment of all tolls, parking charges and other such applicable charges at the time they are due. ZEVFY shall not, in any circumstances, be liable for payment of tolls and other such applicable charges.
LIMITATION OF LIABILITY
In no event shall ZEVFY be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise, even if ZEVFY has been advised of the possibility thereof.
In addition, and without limiting the foregoing, to the fullest extent permitted by Applicable Law, in no event will ZEVFY’s aggregate liability arising out of or in connection with these user terms or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of Rs.30000/- [Rupees Thirty Thousand only].
If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of ZEVFY shall be the minimum permitted under Applicable Law.
You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; modify or make derivative works based upon the Service or Application; create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or the Site, or (c) copy any ideas, features, functions or graphics of the Service or the Site, or Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.
You shall not:
- send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Site, Application or Service or the data contained therein; or
- attempt to gain unauthorized access to the Site, the App or Service or its related systems or networks.
INTELLECTUAL PROPERTY OWNERSHIP
ZEVFY and it’s team of developers, owns all right, title and interest, including all related intellectual property rights, in and to the site, the App and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations; text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or
other information provided by you or any other party relating to the Site, the App or the Service.
Third party trademarks may appear on the Site/ App/ the Vehicle and all rights therein are reserved to the registered owners of those trademarks. For use of any third party’s intellectual property, you need to get permission directly from the owner of the intellectual property for any use.
You may use information on the Site purposely made available by ZEVFY for downloading from the Site, provided that You:
- do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
- use such information only for your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media; or
- do not make any additional representations or warranties relating to such information.
TERM AND TERMINATION OF LICENSE AGREEMENT
The agreement between ZEVFY and You is perpetual in nature upon downloading the App and for Services availed through the Site.
You are entitled to terminate the agreement at all times by deletion of your Account, thus disabling the use by you of the Site.
Termination of this agreement will not prejudice accrued rights of either ZEVFY or you.
INVALIDITY OF ONE OR MORE PROVISIONS
ZEVFY may give notice by means of a general notice on the Site or the App, or by electronic mail to your email address or a message on your registered mobile number, or by written communication sent by regular mail to your address in ZEVFY records.
You may contact ZEVFY by electronic mail at our email address [email protected].
You may contact us on phone on +91 8900096589.
APPLICABLE LAW AND DISPUTE RESOLUTION