ZORRRO

 Terms of Use (CUSTOMER APP)

The application ZORRRO CUSTOMER APPLICATION (hereinafter referred to as the “Application”) belongs to ZORRRO DELIVERIES PRIVATE LIMITED with its registered office at 17A RUSSA ROAD SOUTH, TOLLYGUNGE, KOLKATA 700033 (hereinafter referred to as “us”, “our”, and “we”, which also includes its affiliates, successors or assigns). Apart from the current Terms of Use, the Application may be subject to additional guidelines, terms, or rules, such as the End User License Agreement ^[a](hereinafter referred to as “EULA”) and the Privacy Policy in relation to this Application. You the User (defined below) must understand that your submission of information for the purpose of becoming a Member (defined below) or for availing any Service (defined below) is governed by the terms of our Privacy Policy as updated from time to time, available at http://localhost:8080/customer_privacy_policy(hereinafter referred to as the “Privacy Policy”). 

1. Definitions:

1. “Interact/Interaction/Interacting” shall mean the act of visiting the Application and shall also include usage of the Application and its Services.
2. “Login Credentials” shall mean all the information which includes but is not limited to SPD/SPI (defined below) credentials of the User, which enables the User to Interact with the Application and avail the Services.

1. “Member” shall mean any User who wishes to pay a consideration for availing the Services of the Application.

3. “Profile” shall refer to the Web Account that contains the User Information. For the purposes of clarity in order to Interact with the Application, the user must first use the Login Credentials to access the Profile.
4. “Services” refers to the function of the Application, wherein it  enables the User to connect to the ‘internet of things’, and perform the functions that the Application is capable of performing with or without the involvement of a an economic transaction.
5.  “SPD/SPI” Sensitive Personal data or Information of a User means such personal information which consists of information relating to any of the following: —

1. password;
2. financial information such as Bank account or credit card or debit card or other payment instrument details;
3. any detail, which relates to the above clauses in this definition that is required for providing you the Services;

1. “User” or “you” or “your” or “yours” (non-case sensitive) shall mean any user who visits/downloads the Application, interacts with the Application with or without availing the Services provided by us or is a Member of our Application.
2. “User Information” shall mean any information provided by the User to us for the purpose of creating a Profile or for any other purpose with free consensus.

1. Terms Of Services

1. Introduction. In order to use the Services offered by us on our Application, you are required to create a Profile by registering the User, for which User Information has to be provided.
2. Your Representations regarding User Information. You acknowledge that:

1. You are proving the information voluntarily and without any coercion or force.
2. You are permitting us to use the information as per Clause 2.3.

3. Use of User Information.  As regards the User Information, we shall such information in the following manner:

1. The User Information being provided to us shall be maintained, owned, and controlled by us as per the privacy policy (updated from time to time).  
2. We may share the User Information in its original form or aggregated form and share it with an individual or an entity (body corporate or otherwise) with enters into a commercial relationship with us.
3. User who provides User Information may receive links to third-party application s and services, and/or display advertisements for third party entities, which have entered into a commercial relationship with us (collectively referred to as “Third-Party Links & Ads”).
4. You shall not use the Services or Application beyond the contemplated functionality of the Services.
5. You shall not attempt to gain unauthorized access to the Application or the Services or any networks, servers or computer systems connected to the Application or its Services.
6. You shall not use the Application or the Services in a way that may damage or impair the Application or the Services, or our underlying systems and security.
7.  You shall not use the Application or any of the Services in any unlawful manner or in a manner, which promotes or encourages illegal activity including (without limitation) copyright infringement or data theft.
8.  You shall not re-sell, in any medium, any part of the Services.
9.  You shall not use for your personal gain any of our copyrighted content displayed on the Application.
10. You shall not modify, adapt, translate or reverse engineer any part of the Services, e.g., by creating a shadow site or Application or Application that mirrors said Services or substantially mirrors said Services.

2. REGISTRATION OF USER ACCOUNT

1. Account Creation and deletion. In order to use our Services, you must sign up and create the Profile. You may delete your account at any time, for any reason, by following the instructions on the Application or by sending us an email to the email address specified at the end of these ‘Terms of Use’. However, you must note that we reserve the right to retain the User Information in an anonymous form. In relation to the User Information, you represent and warrant that: (a) all of the User Information you submit to us is truthful and accurate; (b) you will maintain the accuracy of the User Information you provide us with at all times.
2. User Responsibilities. You are responsible for maintaining the confidentiality of your Login Credentials and are fully responsible for all activities that occur under your Profile (e.g., once logged in). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Profile or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3. ACCESS TO THE APPLICATION

1. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) except as otherwise authorized, you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Application  and/or its Services, whether in whole or in part, or any content displayed on the Application ; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application  and/or its Services; (c) you shall not access the Application  and/or its Services in order to build a similar or competitive Application, Application, product, or service; and (d) except as expressly stated herein, no part of the Application  and/or Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Application shall be subject to these Terms. All copyright and other proprietary notices on the Application must be retained on all copies thereof.
2. Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Application (in whole or in part) or its Services (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Application or its Services or any part of the Application or Services thereof.
3. No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Application and/or its Services.
4. Ownership. Excluding your User Information, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Application and its content are owned by us. These Terms do not transfer to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights that are required to use the Services.

4.      User Information

1. Risks. Except to the extent of the terms under the Privacy Policy, you acknowledge to accept all risks associated with the use of User Information, including any reliance on its accuracy, completeness or usefulness. You hereby represent and warrant that the User Information, or information provided to use through an email, support forums on the Application (hereinafter referred to as the “Other Information”) does not violate our Acceptable Use Policy defined in Clause 5.2. You may not represent or imply to others that the User Information or any Other Information that you provide us with is sponsored or endorsed by us. Because you alone are responsible for the User Information and the Other Information that you provide us with, you may expose yourself to liability if, for example, the User Information or Other Information violates the Acceptable Use Policy. You must note that we are not obligated to create a backup copy of the User Information, or Other Information that you provide us with; we will not be held liable or responsible for the deletion of the User Information, or any Other Information that you provide us with. You are solely responsible for creating and maintaining your own backup copies of the User Information, or Other Information that you provide us with.
2. Acceptable Use Policy.

The following terms constitute our “Acceptable Use Policy”:

1. You agree not to use the Application to collect, upload, create, transmit, display, or distribute the User Information, or Other Information (i) that violates any third-party right, including any copyright, trademark, patent, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (iii) that is hateful, violent, discriminatory, nude, partially nude, sexually suggestive, or pornographic.
2. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Application any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) manipulate the Web Application to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) manipulate the Application to harvest, collect, gather or assemble information or data regarding other users, individuals who may be Users including their e-mail addresses, with or without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Application or the data hosted within the Application, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Application (or to other computer systems or networks connected to or used together with the Application), whether through password mining or any other means; (vi) harass or interfere with any other users use and enjoyment of the Application; or (vi) use software or automated agents or scripts to produce multiple accounts on the Application, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Application (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Application for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

3. Enforcement. We reserve the right (but have no obligation) to review your User Information or Other Information from time to time, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person or entity. Such action may include removing or modifying your Profile, terminating your Profile in accordance with the ‘Term and Termination clause’ and/or reporting you to law enforcement authorities.
4. Feedback. If you provide us with any feedback or suggestions regarding the Application (hereinafter “Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary; therefore it is in your interest to not submit to us any information or ideas that you consider to be confidential or proprietary.

5.      Indemnification

All Users agree to indemnify us (and our officers, employees, agents, successors, and assigns), including costs and advocate fees, from any claim or demand made by any third party (e.g. the people attending the events organized by the Users) due to or arising out of (a) your use of the Application, (b) your violation of these Terms, and (c) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to fully indemnify us, and you agree to cooperate with our defense of these claims. Additionally, you agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

6.      Third-Party Links & Ads; Other Users

1. Third-Party Links & Ads. The Application may contain links to Third-Party Links &Ads. You acknowledge and agree that such Third-Party Links & Ads are not under our control, and therefore we shall not be responsible for any Third-Party Links & Ads. You must note that we provide access to these Third-Party Links & Ads only as a convenience to you, and does not review, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so.
2. Note. You agree that we will not be responsible for any loss or damage that you may incur as a result of your Interaction with our Application or the use of Service or the manipulation of User Information and Other Information. If there is a dispute between you and any other user or people attending the events organized by the User, we are under no obligation to become involved.
3. Release. Subject to applicable  laws, you hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Application and/or its Services (including any interactions with, or act or omission of, other  users, Users or any Third-Party Links & Ads).

7.      Consideration

The User understands and agrees that the user may use the Services for no consideration or free of cost indefinitely from the first day of Interacting with the Application. Subsequently, if the user subscribes to any elective and payable services provided vide the Application, the user shall be liable to make corresponding payments as per the terms of the services concerned. Upon failure to make periodic payments for elective and payable services concerned, the rights of the user to avail such services shall terminate. However, for the purposes of clarity the Profile shall remain active upon the termination of the users right to Interact with the Application.

8. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO THE FINAL PARAGRAPH IN THIS ‘LIMITATION ON LIABILITY’ CLAUSE, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY SPECIFICALLY THE USERS FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE APPLICATION AND/OR ITS SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA, USER INFORMATION RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO THE FINAL PARAGRAPH IN THIS LIMITATION ON LIABILITY CLAUSE, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE EXTENT OF REFUNDING THE CONSIDERATION AMOUNT YOU MAY HAVE PAID WHILE USING THE SERVICES SUBJECT TO THE POLICIES ADOPTED BY US FROM TIME TO TIME.FOR THE PURPOSE OF CLARITY, THE MONETARY COMPENSATION ENVISAGED IN THIS PARAGRAPH SHALL NOT BE GREATER THAN THE CONSIDERATION AMOUNT, PROVIDED SUCH CONSIDERATION AMOUNT HAS BEEN PAID BY THE USER.

the exclusions in this limitation of liability clause shall apply to the maximum extent permitted by law (e.g., some jurisdictions may not permit exclusion of liability for fraudulent misrepresentation).

9. Term and Termination.

Subject to this ‘term and termination’ clause, these terms will remain in full force and effect while you use the Application and/or the services. We may suspend or terminate your rights to use the Application (including your account) at any time for any reason at our sole discretion, including for any use of the Application and/or its services in violation of these terms. Upon termination of your rights under these terms, your profile and right to access and use the Application will terminate immediately. You understand that any termination of your profile may involve deletion of the user information, the user information and other information associated with your profile from all our databases. We will not have any liability whatsoever to you for any termination of your rights under these terms, including for termination of your profile.

10. General

1. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Application. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms may be made without any advance notice to the users. These changes will be effective immediately for new users of our Application. Continued use of our Application following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
2. Electronic Communications. You (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. 
3. Entire Terms. These Terms along with the EULA and Privacy Policy constitute the entire agreement between you and us regarding the use of the Application and Services.
4. Waiver. Any waiver of our rights or remedy under these Terms shall only be effective if it is in writing, executed by our duly authorized representative, and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
5. Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The words “including” and “includes” means “including without limitation”.
6. Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
7. Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. However you acknowledge and agree that we reserve the right to freely assign our rights and obligations under these Terms to whomsoever we please. The terms and conditions set forth in these Terms shall be binding upon assignees.
8. Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws prevalent in India. You agree that the courts of West Bengal have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.
9. Copyright/Trademark Information. All trademarks, logos and service marks (“Marks”) displayed on the Application are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent.
10. Contact Information. If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please contact us at:

[email protected]