ZORRRO

END-USER LICENSE AGREEMENT

1. Introduction: 

This end-user license agreement ("EULA") is a legal agreement between you the User (referred to at times as simply the “User”) and ZORRRO DELIVERIES PRIVATE LIMITED hereinafter referred to as the “Licensor”) for the Website or Application NAMED _______________________ hereinafter referred to as the “Website”).By interacting with the Website , you agree to be bound by the terms of this EULA.

Any capitalized term used but not defined in this EULA shall have the meaning attributed to it in our Terms of Use in relation to the Software Product. Additionally, ‘you’ and ‘your’ shall in addition to having the same definition in the Terms of Use.

2. OWNERSHIP 

It is hereby understood and agreed that ZORRRO DELIVERIES PRIVATE LIMITED is the owner of all right title and interest to the Website or Application (Web App/Android/IOS). You, as licensee (hereinafter referred to as the “Licensee”) by virtue of your interaction do not acquire any ownership rights of the Website and/or Application.

4. Website or Application (App)

The Website or Application, as used in this EULA, means, collectively and/or as applicable:

  1. The Website or Application package made available via a Website or an Application on the Web App/Android/IOS platform.
  2. Any and all contents, components, attachments, software, digital and/or physical (e.g., printed) media, and code with which this Agreement is provided and delivered via the Web Site;
  3. Any and all images, videos, photographs etc. that either come pre-installed with the Web App/Android App/IOS App or are uploaded to the Website or Application or are produced dynamically by the latter;
  4. Related explanatory written materials and instructions, and any other possible documentation related thereto, digital or otherwise ("Documentation"); and
  5. The Upgrades, if any, licensed to by ZORRRO DELIVERIES PRIVATE LIMITED under this EULA.

5. GRANT OF LICENSE AND RESTRICTIONS 

  1. We grant you a non-exclusive, non-transferable End-User license right to Interact with the Website or Application (Web App/Android/IOS).

  1. Unless otherwise provided in the Website or Application (Web App/Android/IOS) or by our prior express written consent of, you shall not display, modify, reproduce and distribute any information, or portion(s) thereof, included with or relating to this Website or Application, if any. This limitation does not apply to content that is owned or controlled by the User and provided to the Website by the User (e.g., The Personal Information or SPD of the User). Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the information give you any Intellectual Property or Proprietary Rights in the information. All rights, title, and interest belong solely to Young India Power Systems Pvt. Ltd.

6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

  1. From time to time, at our sole discretion, we may provide you with support services related to the Website or Application (Web App/Android/IOS) (hereinafter referred to as "Support Services"). We reserve the right to alter, suspend, and terminate the Support Services at any time and for any reason. Use of Support Services is governed by this EULA and ZORRRO DELIVERIES PRIVATE LIMITED

  1. Any supplemental software, code, content, or media provided to you in the course of Support Services, shall be considered to be a part of the Website or Application (Web/App/Android/IOS)  and shall be subjected to the terms and conditions of this EULA.

  1. We retain all right, title, and interest in and to the Website or Application (Web App/Android/IOS), and any rights not granted to you herein are reserved by us. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software Product. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to us.

  1. You shall not modify, sublicense, assign, or transfer the Website/Application (Web App/ Android/IOS) or any rights under this EULA, except as expressly provided in this EULA. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations will be void.

7. TERM 

  1. This License is effective until terminated.

  1. Your rights under this EULA will terminate automatically without notice from our end if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by us to effect such termination.

8. INTELLECTUAL PROPERTY RIGHTS 

  1. We shall retain all right, title, and interest in the Website or Application (Web App/Android/IOS) and to any modifications or improvements made thereto (including Upgrades), and any Documentation provided to the User. The User will not obtain any rights on the Website or Application (Web App/Android/IOS), its Upgrades and Documentation, as a result of its responsibilities hereunder.

  1. User acknowledges our exclusive rights on the Website or Application (Web App/Android/IOS) and that such Website/Application is unique and original to ZORRRO DELIVERIES PRIVATE LIMITED and that we are the owner thereof. Unless otherwise permitted by law, End-User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly our exclusive right and title to the Website or Application (Web App/Android/IOS) or the validity thereof.

  1. User shall not attempt to develop any website or Application (Web App/Android/IOS) that contains the "look and feel" of the Website or portions thereof.

10. DISCLAIMER OF WARRANTIES 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE OR APPLICATION (Web App/Android/IOS) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE OR APPLICATION (Web App/Android/IOS)   IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE OUR AFFILIATES, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ZORRRO DELIVERIES PRIVATE LIMITED DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE OR APPLICATION (Web App/Android/IOS), THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR APPLICATION (Web App/Android/IOS) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEB APP WILL BE CORRECTED.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZORRRO DELIVERIES PRIVATE LIMITED’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE WEB APP OR ANDROID/IOS APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION (INCLUDING SERVICING, REPAIR OR CORRECTION OF MOBILE DEVICE, IF NECESSARY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY 

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND OUR AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, DAMAGES FOR LOSS OF OR REDUCTION IN VALUE OF ASSOCIATED HARDWARE SUCH AS THE MOBILE DEVICE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE/APPLICATION OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. CONTROLLING LAW AND SEVERABILITY 

 

This EULA will be governed by and construed in accordance with the laws passed by the State of West Bengal and the Central Government of India, as applied to agreements entered into and to be performed entirely within the dominion of India. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.

You agree that the courts of Kolkata in the State of West Bengal shall 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.