1. Introduction
Welcome to Zapio EV ("we," "our," "us"). These Terms and Conditions ("Terms") govern your use of our mobile application "Zapio EV" (the "App"), our website [www.zapioev.in] (the "Site"), and any services, products, or features offered by Zapio EV (collectively, the "Services").
By downloading, accessing, or using our App or Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Services. These Terms constitute a legally binding agreement between you and Alphatechrides Pvt. Ltd.
2. Eligibility
You may use our Services only if:
You are 18 years of age or older and have the legal capacity to enter into a binding contract.
You are not barred from using the Services under applicable laws.
You provide accurate, current, and complete information when requested.
If you are using the Services on behalf of a business or entity, you represent that you have the authority to bind that entity to these Terms.
3. Account Registration
To access certain features of the App or Site, you may be required to create an account. You agree to:
Provide true, accurate, and complete information during registration.
Maintain the confidentiality of your account credentials.
Notify us immediately of any unauthorized use of your account.
Be solely responsible for all activities that occur under your account.
We reserve the right to suspend or terminate your account if any information provided is found to be inaccurate or if we suspect any fraudulent activity.
4. Use of Services
You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not:
Use the Services in any way that violates any applicable Indian laws or regulations.
Attempt to gain unauthorized access to any part of the Services, servers, or networks.
Interfere with or disrupt the integrity or performance of the App or Site.
Transmit any viruses, malware, or harmful code through the Services.
Use the Services to harass, abuse, or harm any person or entity.
Reverse engineer, decompile, or disassemble any part of the App.
Use any automated system (e.g., bots, crawlers) to access the Services without our prior written consent.
5. Products and Services
A. Electric Scooties
Zapio EV offers electric scooty models for sale through our authorized dealer network. All product specifications, features, colors, and prices displayed on the App or Site are subject to change without prior notice. We strive to ensure accuracy, but we do not warrant that product descriptions or images are error-free.
B. Dealership Opportunities
We may provide information regarding dealership opportunities through our Services. Any application or inquiry submitted does not constitute a binding agreement and is subject to our internal review and approval process.
C. Orders and Transactions
All orders are subject to availability. We reserve the right to reject or cancel any order for any reason, including but not limited to product unavailability, pricing errors, or suspected fraud.
6. Intellectual Property Rights
All content, features, and functionality on the App and Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, and designs ("Content"), are the exclusive property of Zapio EV and Alphatechrides Pvt. Ltd. or its licensors and are protected by Indian copyright, trademark, patent, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the Content for personal, non-commercial purposes. You may not:
Modify, copy, reproduce, republish, upload, post, transmit, or distribute any Content without our prior written consent.
Use any trademarks or trade names without our prior written permission.
7. User-Generated Content
If you submit, post, or upload any content through our Services (e.g., reviews, feedback, inquiries), you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and distribute that content for any purpose, including marketing and promotional activities.
You represent that you own or have the necessary rights to such content and that it does not infringe any third-party rights or violate any laws.
We reserve the right to remove any user-generated content that we deem inappropriate, offensive, or in violation of these Terms.
8. Privacy and Data Protection
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
We comply with the Digital Personal Data Protection Act, 2023 (DPDP Act) and ensure that your data is processed fairly, lawfully, and with your consent where required.
9. Third-Party Links and Services
Our App and Site may contain links to third-party websites, applications, or services that are not owned or controlled by Zapio EV. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party services.
You acknowledge and agree that Zapio EV shall not be liable for any loss or damage caused by your use of or reliance on any third-party content.
10. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, ZAPIO EV DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT.
UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SERVICES.
SECURITY OR PROTECTION AGAINST UNAUTHORIZED ACCESS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZAPIO EV AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR ANY:
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OUR SERVICES OR ₹500, WHICHEVER IS LOWER.
12. Indemnification
You agree to indemnify, defend, and hold harmless Zapio EV, Alphatechrides Pvt. Ltd., and our officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:
Your use or misuse of the Services.
Your violation of these Terms.
Your violation of any law or third-party rights.
Any content you submit through the Services.
13. Termination
We reserve the right, in our sole discretion, to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to:
Violation of these Terms.
Fraudulent or illegal activity.
Non-payment for any products or services.
Upon termination, your right to use the Services shall immediately cease. Provisions that by their nature should survive termination (e.g., intellectual property, limitation of liability, indemnification) shall survive.
14. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to:
Natural disasters (earthquakes, floods, fires).
Pandemics or epidemics.
Acts of war, terrorism, or civil unrest.
Government actions or regulations.
Power outages, network failures, or technical disruptions.
15. Governing Law and Dispute Resolution
These Terms and any disputes arising out of or relating to the Services shall be governed by and construed in accordance with the laws of India.
Any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Delhi, India, in the English language, by a sole arbitrator appointed by mutual consent or, failing that, by the Delhi High Court.
Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property or confidential information.
16. Changes to These Terms
We reserve the right to update or modify these Terms at any time. The "Last Updated" date at the top of this document indicates when the latest changes were made. Your continued use of the Services after such changes constitutes your acceptance of the updated Terms.
We encourage you to review these Terms periodically to stay informed of any updates.
17. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
18. Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in the future. Any waiver must be in writing and signed by an authorized representative of Zapio EV.
19. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Zapio EV regarding the Services and supersede all prior or contemporaneous communications, agreements, or understandings, whether written or oral.
20. Contact Us
If you have any questions, concerns, or requests regarding these Terms, please contact us at:
Zapio EV
(A division of Alphatechrides Pvt. Ltd.)
Khasra no. 38/20/21, Pahladpur,
Bawana Road, Delhi - 110042
India
Sales Inquiries: +91 93550 10001
Support Inquiries: +91 90532 71001
General/Legal Inquiries: contact@zapioev.com
Alternate Email: alphatechrides@gmail.com
By using the Zapio EV App or Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.