Office Address
Dhup Company More,
Near ICICI Bank
Nivedita Road
Pradhan Nager
Siliguri
Phone Number
+91 8509608838
Email Address
support@zonion.in
Dhup Company More,
Near ICICI Bank
Nivedita Road
Pradhan Nager
Siliguri
+91 8509608838
support@zonion.in
These terms of use (the "Terms of Use") govern your use of our website www.Zonion.in (the "Website") and our "Zonion" application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Zonion and you signify your acceptance to this Terms of Use and other Zonion policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.
The Platform is owned and operated by Zonion Private Limited, a private limited company incorporated under the Companies Act, 2103 and having its registered office at dhup company more, Nivedita Road, Prahan Nagar, Siliguri, 734002 West Bengal, India. For the purpose of these Terms of Use, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person who shall transaction on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "Zonion", "we", "us" or "our" shall mean Zonion Private Limited.
Zonion enables transactions on its Platform between participating restaurants/merchants and buyers, dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other products and services ("Platform Services"). The buyers ("Buyer/s") can choose and place orders ("Orders") from a variety of products and services listed and offered for sale by various merchants including but not limited to the restaurants, eateries and grocery stores ("Merchant/s"), on the Platform. Further, the Buyer can also place Orders for undertaking certain tasks on the Platform (“Tasks”).
Zonion enables delivery of such Orders or completion of Tasks at select localities of serviceable cities across India (“Delivery Services”) by connecting third party service providers i.e. pick-up and delivery partners (“PDP”) who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users of the Platform (Buyers or Merchants). The Platform Services and Delivery Services are collectively referred to as "Services". For both Platform Services and Delivery Services, Zonion is merely acting as an intermediary between the Merchants and Buyers and/or PDPs and Buyers/Merchants.
PDPs are individual entrepreneurs engaged with Zonion on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services for service fee. PDPs are independent contractors and are free to determine their timings of work. Zonion does not exercise control on the PDPs and the relationship between the PDPs and Zonion is not that of an agent and principal or employee and employer.
For the pickup and delivery services and completing the Tasks, PDPs may charge the users of the Platform (Buyers or Merchants), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.
Zonion is a company incorporated under the Companies Act,2013.
Office address- dhup company more, Nivedita Road, Prahan Nagar, Siliguri, 734002 West Bengal, India.
a. You shall be permitted to access the Platform, avail the Zonion Services and connect with Merchants and Delivery Partners on the Platform only upon creating an Account (as defined below) and obtaining a registration on the Platform. Your ability to continue using the Platform, Zonion Services is subject to Your continued registration on the Platform. You will be required to enter Your personal information including your name, contact details, valid phone number while registering on the Platform.
b. As a part of the registration, You may be required to undertake a verification process to verify Your personal information and setting up the Account. Zonion shall have the right to display the information, feedback, ratings, reviews etc. provided by You on the Platform. You agree and accept that as on the date of Your registration on the Platform, the information provided by You is complete, accurate and up-to-date. In the event of any change to such information, You shall be required to promptly inform Zonion of the same, in writing, at least 1 (one) week prior to the date on which such change shall take effect. You acknowledge and accept that Zonion has not independently verified the information provided by You. Zonion shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current or incomplete, or Zonion has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zonion reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time.
a. The Platform provides You with the following services ("Zonion Services").
i. It allows You to connect with Merchants and Delivery Partners.
ii. It allows You to view the items/services ("Items") listed on the Platform by the Tied Up Merchants.
iii. It allows You to purchase Item(s) from the Tied Up Merchants listed on the Platform and allows You to get the Items delivered to You through Delivery Partners ("Purchase Services").
iv. It allows You to purchase Items from Non-Tied Up Merchants and get the same delivered to You by the Delivery Partners ("Delivery Services")
v. It allows you to pick up - and drop off packages from 1 (one) location to the other through the Delivery Partner ("Pick Up and Drop Off Services")
vi. It allows You to give ratings, write comments and reviews about Delivery Partners and Merchants
vii. It facilitates improvement in the quality of the services provided by Zonion on the Platform based on User ratings, reviews and feedback provided on the Platform.
b. Once the Delivery Services/ Purchase Services/Pick-Up and Drop Off Services have been completed or delivered, as the case may be, You shall promptly notify the same on the Platform.
c. Zonion may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the Zonion Services listed above from time to time. Zonion does not provide any guarantee to You that Zonion Services will be made available to You at all times.
d. You hereby agree and acknowledge that Zonion is only a facilitator between You, the Merchants and Delivery Partners (as the case maybe) and Zonion only provides You with access to the Platform to connect with Merchants and Delivery Partners for You to initiate transactions on the Platform. You hereby agree and acknowledge that Zonion will not be a party to any of the transactions that are initiated by You through the Platform and Zonion shall not be liable in any manner or incur any liability with respect to the services performed by the Merchants or the Delivery Partners, as the case may be. Further, You hereby agree and acknowledge that Zonion shall not be liable for the conduct, acts and omissions of the Merchants (including their employees and consultants) and Delivery Partners in the course of providing their services to You, or for any loss or damage to the Item or otherwise caused to You as a consequence of or in relation to the services being provided to You by the Merchants or the Delivery Partner, as the case may be.
e. You shall be eligible to avail the Zonion Services as per applicable laws. If You are purchasing any medicinal product, using the Platform, for which You are required to have a valid prescription from a medical practitioner, You shall, ensure that physician, as far as possible, prescribe drugs with generic names and he / she shall ensure that there is a clear prescription and will upload the same on the Platform, while initiating a transaction with respect to the same on the Platform. Failure to do the same, shall result in cancellation of the transaction. Only upon verification of the medical prescription, will You be able to avail the Zonion Services for purchasing the required medicines. In the case of Purchase Services, the Tied-Up Merchants have to share the updated Item list along with its prices on the Platform. Zonion shall not be responsible for any inaccurate Item listing on the Platform. Further, You hereby agree and acknowledge that for certain items (Items that are perishable in nature or Item whose price varies periodically), it may not be possible for the Tied-Up Merchants to list out the exact price or prices of such Items on the Platform. The above shall also be applicable to the provision of Purchase Services. In such cases, the Delivery Partner upon reaching the Merchant outlet shall intimate You about the Item price and You shall be required to confirm the purchase of the Item and you shall make the payment for the same to complete the transaction, however if You do not confirm the purchase of the Item and do not make payment for the Item, You shall pay such fees as may be communicated to You on the Platform for the efforts of the Delivery Partner.
f. You shall not initiate any transaction for any Item on the Platform which is illegal, immoral, unethical, unlawful, unsafe, contains harmful substances and is in violation of this Terms of Use and applicable laws. You specifically agree that You shall not initiate any transaction on the Platform for the purchase or delivery of any alcoholic beverages, narcotic drug or psychotropic substance, etc. Further, You hereby acknowledge and agree that Zonion shall not be liable for any indirect, direct damage or loss, cost, expense incurred by You in relation to the transactions initiated by You on the Platform.
g. Zonion does not check or verify the packages that are being picked up and dropped off on behalf of You or the Items that are being delivered to You by the Delivery Partner, and therefore Zonion shall have no liability with respect to the same. However, if it comes to the knowledge of Zonion that You have packaged any illegal or dangerous substance or availed the Pick- up and Drop Off Services using the Platform to deliver any illegal or dangerous substance, Zonion shall have the right to report You to the government authorities and take other appropriate legal actions against You.
h. You hereby acknowledge that Zonion shall not be liable for any damages of any kind arising from Your use of the Zonion Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
i. Zonion shall be entitled at any time without giving any reason to terminate Your request for any Zonion Service.
j. You hereby agree that Zonion shall not be liable for any conduct or misbehavior or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, You agree that Zonion has no control over the Items provided to You by the Merchants, and therefore, Zonion shall not incur any liability with respect to such Items. However, keeping in mind the interests of the Users, We have informed our Merchants to ensure that Items are packaged properly to avoid any form of spillage or damage to the Item or any issues related to packaging.
k. You hereby agree that scheduling and rescheduling a transaction on the Platform depends upon the availability of Delivery Partners around Your area at the time of such scheduling and rescheduling a transaction. Should You choose to reschedule a transaction on the Platform at a later point of time, You shall cancel the current transaction on the Platform (if initiated) and initiate a new transaction on the Platform, as per Your convenient time.
l. If a transaction initiated by You on the Platform cannot be completed, Zonion shall notify You on the Platform. You agree to provide as much information as possible on the Platform with respect to the Items/services You wish to purchase/avail, usingthePlatform.
m. Zonion shall use Your location based information that is captured by Zonion through the global positioning system when You are using Your mobile device to request a Zonion Service on its m-app. Such location based information shall be used by Zonion only to facilitate and improve the Zonion Services being offered to You.
n. We can’t fulfil any tasks which are immoral or unlawful in nature. Zonion reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by Zonion’s internal policies or as per the independent discretion of Zonion. Zonion may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party.
o. You hereby acknowledge that if You have any complaint with respect to the Zonion Services, You will first inform Zonion in writing within 24 (twenty four) hours of using such Zonion Services.
p. You understand and acknowledge that Zonion by itself does not sell or provide any such Items. Zonion is not responsible for the quality, merchantability or fitness of such Items. Accordingly, in the event of any grievances arising from the transaction initiated by You on the Platform pertaining to purchase or sale of any product from any Merchant, You may contact Zonion support for routing. your grievances to the Merchant through the Platform.
a. You are solely responsible for and in control of the information You provide to us. Compilation of User Accounts and User Account bearing contact number and e-mail addresses are owned by Zonion. Further, You understand and agree that certain information will be case sensitive and must be handled with prudent care.
b. In the case where the Platform is unable to establish the unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. Zonion reserves the full discretion to suspend a User's Account in the above event and does not have the liability to share any Account information whatsoever.
a. Purchase Services: While initiating a request for a Purchase Service, You shall pay for the price of the Items You require the Delivery Partners to deliver to You from the Tied Up Merchant. The transaction for the Purchase Service will be initiated on the Platform once You have completed the payment for the same on the Platform. In certain exceptional circumstances, if the purchase price of the Item is not available on the Platform, You shall be required to pay the purchase price of the Item, through the Platform, as may be communicated to You by the Delivery Partner, prior to the Delivery Partner undertaking Purchase Service.
b. Delivery Services: While availing Delivery Service, You shall pay the purchase price of the Item through the Platform, as may be communicated to You by the Delivery Partner on behalf of the Non- Tied up Merchant. Only upon processing such an agreed amount via Platform, shall the Delivery Partner purchase the Item on Your behalf.
c. Pick Up and Drop Off Services: While initiating a request for a Pick Up and Drop Off Service, You shall pay the service fees for availing the Pick Up and Drop Off Service, as may be displayed to You on the Platform. Only upon making such payment will the Delivery Partner initiate the Pick Up and Drop of Service.
d. Service Fees: With respect to Delivery Services and Purchase Services, You will be charged separate service fees ("Service Fees"). The Service Fees shall be paid prior to availing any of the Zonion Services.
e. You agree that Zonion may use certain third-party vendors and service providers, including payment gateways, to process the payments made by You on the Platform.
a. You agree that:
(i) after completion of a transaction on the Platform, the Platform will prompt the User with an option to provide a rating and comments about the Delivery Partner (with respect to the services performed by the Delivery Partner) and Merchants (with respect to the Items sold/provided by them); and (ii) the Delivery Partner and the Tied-Up Merchants may also be prompted to rate You on the Platform. Based upon such Delivery Partner and Merchant ratings, Your rating score on the Platform will be determined and displayed.
b. Zonion and its affiliates reserve the right to use, share and display such ratings and comments in any manner in connection with the business of Zonion and its affiliates without attribution to or approval of Users and You hereby consent to the same. Zonion and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Zonion’s or its affiliates’ content policies.
c. Location: You acknowledge and agree that Your geolocation information is required for You to avail the Zonion Services and initiate transactions on the Platform. You acknowledge and hereby consent to the monitoring and tracking of Your geo-location information. In addition, Zonion may share Your geo-location information with Delivery Partners and Merchants (as the case maybe).
PART B - SPECIFIC TERMS FOR Zonion SERVICES
Any Capitalized terms used but not defined herein shall have the meaning assigned to them under the Terms of Use which govern your use of our website www.zonion.com (the “Website”) and our ‘zonion’ application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”.
As a general rule Buyer shall not be entitled to cancel Order once placed. Buyer may choose to cancel Order only within one-minute and 30 seconds of the Order being placed. However, subject to Buyer’s previous cancellation history, zonion reserves the right to deny any refund to Buyer pursuant to a cancellation initiated by Buyer even if the same is within one-minute followed by suspension of account, as may be necessary in the sole discretion of zonion. If Buyer cancels his/her Order after one minute and 30 seconds of placing it, zonion shall have a right to collect a penalty of 100% of the Order amount for breach of contract terms as a compensation for the damages suffered by zonion, with a right to either not to refund the Order value in case Buyer’s Order is prepaid or recover from the Buyer’s subsequent Order in case his/her Order is postpaid, to compensate the Merchants and PDPs.
Zonion reserves the right to collect a penalty for the Orders constrained to be cancelled by zonion for reasons not attributable to zonion, including but not limited to:
in the event if the address provided by Buyer is either wrong or falls outside the delivery zone; failure to contact Buyer by phone or email at the time of delivering the Order booking; failure to deliver Buyer Order due to lack of information, direction or authorization from Buyer at the time of delivery; or unavailability of all the items ordered by Buyer at the time of booking the Order; or unavailability of all the items ordered by Buyer at the time of booking the Order. However, in the unlikely event of an item in an Order being unavailable, zonion will contact the Buyer on the phone number provided to us at the time of placing the Order and inform Buyer of such unavailability. In such an event Buyer will be entitled to cancel the entire Order and shall be entitled to a refund to an amount upto 100% of the Order value.
In case of cancellations for the reasons attributable to zonion or the Merchant or PDP, zonion shall not collect any penalty from the Buyer. Cancellation policy for Instamart/Meat stores/Supermarkets/Pet stores/Fruits and vegetables/Wellness essentials/Gourmet & Organic
The Orders placed by Buyers using the Platform are non-cancellable and non-refundable except if refund is requested under the following conditions:
If the Order could not be delivered within the estimated time while placing the order; If the Order has not been picked by the PDP If the Merchant doesn't accept or cancels the Order due to reasons not attributable to Buyer, including but not limited to the store being closed, non-availability of items, store cannot service online orders at that moment, store is overcrowded, etc.
zonion reserves the right to look into the cancellation request of the Buyer and determine if such cancelation request falls under the conditions mentioned above. If zonion is satisfied that the request and same fulfills any of the aforesaid conditions, then zonion shall process the cancellation request and refund amounts to the Buyer.
Buyer may be entitled to a refund for prepaid Orders. zonion retains the right to retain the penalty payable by the Buyer in Section I(2) from the amount refundable to him/her. The Buyer shall also be entitled to a refund of proportionate value in the event packaging of an item in an Order or the complete Order, is either tampered or damaged and the Buyer refuses to accept at the time of delivery for the said reason;
Buyer may be entitled to a refund upto 100% of the Order value if PDP fails to deliver the Order due to a cause attributable to either PDP or zonion, however such refunds will be assessed on a case to case basis by zonion.
Our decision on refunds shall be final and binding.
All refund amounts shall be credited to Buyer’s account as may be stipulated as per the payment mechanism of Buyer’s choice, the estimated timelines are detailed as below, in case Buyer don't choose to credit it to Buyer’s wallet with his/her zonion Account;
Process Payment Method
Refund Source
TAT
Order Edit
Cancellation/Compensation/Payment Failure
Net Banking
Source
5-7 Business Days
Debit/Credit Cards
Source
4-7 Business Days
UPI
Source
2-4 Business Days
Amazon Pay (Wallet)
Source
5 Business Days
Amazon Pay (CC/DC/NB)
Source
5 Business Days
Phone Pe (Wallet)
Source
5 Business Days
Phone Pe (CC/DC/NB)
Source
5 Business Days
Wallets-Paytm/Mobikwik/Freecharge
Source
1 Hour
Lazy Pay
Source
1 Hour
Sodexo
Source
5 Business Days
In case of payment at the time of delivery, Buyer will not be required to pay for:
Orders where packaging is either tampered or damaged at the time of delivery Wrong Order being delivered; or Items missing from Buyer’s Order at the time of delivery. Provided the same is communicated to zonion Customer Care through the Platform before the Order is marked delivered.
Specific Terms with respect to Use of Platform for purchase of alcoholic beverages
Cancellation: As a general rule the Buyer shall not be entitled to cancel his/her Order once placed. If the Buyer cancels his/her Order, zonion shall have a right to collect the Buyer 100% of the Order amount as the cancellation fee, with a right to either not to refund the Order value in case the Buyer’s Order is prepaid or recover from the Buyer’s subsequent Order(s) in case Buyer’s Order is postpaid, to compensate the Merchants and PDPs.
Non-Customer Cancellation: zonion reserves the right to collect the Buyer cancellation fee for the Orders constrained to be cancelled by zonion for reasons not attributable to zonion or Merchant, including but not limited to:
in the event if the address provided by the Buyer is either wrong or falls outside the zonion’s delivery zone;
failure to contact the Buyer by phone or email at the time of delivering the Order;
failure to deliver the Buyer’s Order due to lack of information, direction or authorization from the Buyer at the time of delivery; or
the Buyer’s failure to provide a valid OTP to the PDP for receiving delivery
Refunds: The Buyer may be entitled to a refund for prepaid Orders, post deduction of cancellation fee, if any for reasons mentioned above or in a manner as deemed fit by zonion in its sole discretion, if refund has been requested due to the following reasons:
If the Order could not be delivered within 2 hours;
If the Merchant cancels the Order due to reasons not attributable to the Buyer, including but not limited to store being closed, non-availability of items, store not servicing online Orders, overcrowding at store, etc.;
If zonion cancels the Order due to reasons not attributable to the Buyer, including but not limited to non-availability of PDPs, etc.
The Buyer may be entitled to refund due to the aforesaid reasons upto 100% of the Order value depending upon the nature of issue. zonion reserves the right to consider the cancellation and refund request and determine if such cancellation and refund request satisfy any of the aforesaid conditions, in which case zonion shall process the cancellation request and refund to the Buyer.
Important Note 1: The Buyer shall verify his/her Order and the products before providing OTP to the PDP and any issue with respect to the product or Buyer’s Order shall be notified immediately, and cancellation request shall be placed before providing OTP to the PDP. Once OTP is provided to the PDP, it shall be deemed that the Buyer has accepted delivery of his/her Order and once he/she has accepted delivery, the Buyer cannot cancel the Order and/or claim a refund.
Important Note 2: In case of the complaint of any spurious product, the liability shall solely lie with the Merchant selling the product. zonion is merely facilitating the transactions between the Merchant and the Buyer and therefore, zonion shall assume no liability with respect to the products sold by the Merchant. zonion strictly discourages dealing of any spurious product on its Platform and shall reserve the right to report such incidents to the concerned authorities for appropriate legal actions.
i. As a part of the Zonion Services, Zonion also gives You an option to avail the Pick Up and Drop Off Services being provided by the Delivery Partners.
iii. You can initiate a transaction on the Platform by which You may (through the help of a Delivery Partner) send packages at a particular location. The Pick-Up and Drop Off Services are provided to You directly by the Delivery Partner and Zonion merely acts as a technology platform to facilitate transactions initiated on the Platform and Zonion does not assume any responsibility or liability for any form of deficiency of services on part of the Delivery Partner.
iiii. Upon initiation of a request for Pick Up and Drop Off Services on the Platform, depending upon the availability of Delivery Partner around Your area, Zonion will assign a Delivery Partner to You. The Delivery Partner shall pick up the Item from a location designated by You on the Platform and drop off the items at a particular location designated by You. While performing the Pick Up and Drop off Services, the Delivery Partner shall act as an agent of You and shall act in accordance with Your instructions. You agree and acknowledge that the pick-up location and the drop off location have been added by You voluntarily and such information will be used for the Zonion Services and shall be handled by Zonion in accordance with the terms of its Privacy Policy.
iiv. You agree that You shall not request for a Pick-Up and Drop Off Services for Items which are illegal, hazardous, dangerous, or otherwise restricted or constitute Items that are prohibited by any statute or law or regulation or the provisions of this Terms of Use.
iv. You agree that before requesting a Pick-up and Drop-off Service, You are well aware of the contents of the package sent or requested by You through a registered Delivery Partner and that such contents are legal and within limits of transportation under any applicable laws. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws).
ivi. You also agree that, upon becoming aware of the commission of any offense by You or Your intention to commit any offense upon initiating a Pick-up and Drop-off Service or during a Pick-up and Drop-off service of any Item(s) restricted under applicable law, the Delivery Partner may report such information to Zonion or to the law enforcement authorities.
ivii. Google Pay Offer, Paytm Offer and Amazon Pay Offer shall hereinafter be referred to as "Offer".
iviii. You hereby agree and acknowledge that the Offers are being extended by Zonion at its sole independent discretion and nothing shall entitle You to any of the Offers. You shall read the terms and conditions of the Offers carefully before availing them.
PART C: GENERAL TERMS OF USE
a. The Zonion Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by Zonion from accessing the Platform for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving using or availing Zonion Services under the applicable laws.
b. Zonion reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without any reasons for doing so.
c. You shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purpose of creating an account with the Platform.
a. In order to use the Platform and avail the Zonion Services, You will have to register on the Platform and create an account with a unique user identity and password ("Account"). If You are using the Platform on a compatible mobile or tablet, You will have to install the application and then proceed with registration.
b. You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under Your Account. You agree to
(i) immediately notify Zonion of any unauthorized use of Your Account information or any other breach of security, and,
(ii) [ensure that You exit from Your Account at the end of each session.] Zonion cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by Zonion or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.Use of another User’s Account information for using the Platform is expressly prohibited.
a. Subject to compliance with the Terms of Use, Zonion grants You a non-exclusive, limited privilege to access and use this Platform and the Zonion Services.
b. You agree to use the Platform only:
(i) for purposes that are permitted by this Terms of Use
(ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by Zonion or Delivery Partner(s) or Merchants or other Users.
c. You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or availing the Zonion Services.
d. You represent and warrant that You are legally authorised to view and access the Platform and avail the Zonion Services.
e. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Zonion. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Zonion Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
f. You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. Zonion disclaims all liabilities arising in relation to such offensive content on the Platform.
g. Further, You undertake not to: defame, abuse, harass, threaten or otherwise violate the legal rights of others publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information do any such thing that may harms minors in any way copy, republish, post, display, translate, transmit, reproduce or distribute any Zonion Property through any medium without obtaining the necessary authorization from Zonion; conduct or forward surveys, contests, pyramid schemes or chain letters upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer; engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform) attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Zonion server, or through the Platform, by hacking, password mining or any other illegitimate means probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites; collect or store data about other Users, Merchants, Delivery Partner in connection with the prohibited conduct and activities set forth herein use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform use the Platform or any material or Zonion Property for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded impersonate any other User, Merchant, Delivery Partner or person violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality violate the Terms of Use contained herein or elsewhere; threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
h. You agree and acknowledge that the use of the Zonion Services offered by Zonion is at Your sole risk and that Zonion disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
i. Without prejudice to the above, Zonion makes no representation or warranty that the Zonion Services will meet Your requirements.
j. All materials/content on our Platform (except any third party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Zonion.
You acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without Zonion’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, Zonion hereby grants You a non-exclusive, freely revocable (upon notice from Zonion), non-transferable access to view the Material on the Platform.a. The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by Zonion ("Zonion Property'') and the design, structure, selection, coordination, expression, look and feel and arrangement of such Zonion Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use Zonion Property without the prior written consent of Zonion.
b. The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of Zonion, except any trademark, logos and service marks of third parties available on the Platform. You are not permitted to use the Marks without the prior consent of Zonion or such third parties as may be applicable.
You expressly understand and agree that, to the maximum extent permitted by applicable law:
a. The Platform and Zonion Property, Zonion Services are provided by Zonion on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Zonion makes no warranty that
(i) the Platform, Zonion Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free
(ii) the quality of the Platform will meet Your expectations
(iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from Zonion shall create any warranty not expressly stated in the Terms of Use.
b. Zonion will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Zonion also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
c. Zonion will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.
d. Zonion shall not be responsible for the delay or inability to use the Platform, Zonion Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Zonion shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Zonion's control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
a. You agree to indemnify, defend and hold harmless Zonion and its affiliates including but not limited to its officers, directors, consultants, agents and employees ("Indemnitees") from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, Zonion Services, any misrepresentation with respect to the data or information provided by You in relation to the Account, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
b. In no event shall the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Zonion Property on the Platform.
c. Your indemnification obligation under the Terms of Use will survive the termination of Your Account or use of the Platform or Zonion Services.
d. Subject to applicable laws, in no event will Zonion or its employees aggregate liability, arising from or related to the Zonion Services or the use of the Platform shall not exceed INR 150 for any and all causes of actions brought by You or on behalf of You.
e. The Platform and the Zonion Services are only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User accesses or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and Zonion shall not be liable for the same, whatsoever.
You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company/Client, as the case may be, for which monetary damages would be inadequate, and You consent to the Company/Client obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company/Client may have at law or in equity. If Company/Client takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
a. We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Platform. These additional terms shall form a part of these Terms of Use, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
a. The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). Zonion shall not be responsible for examining or evaluating such third party websites, and Zonion does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third party websites. Zonion does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before You use/access any such third-party websites, You should review the applicable terms of use and policies for such third party websites. If You decide to access any such linked third party website, You do so at Your own risk.
a. The Terms of Use will continue to apply until terminated by either You or Zonion as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, Zonion Services, Your only recourse is to
(i) close Your Account on the Platform by writing to Us at support@zonion.in; and/or
(ii) stop accessing the Platform. Zonion will make Your account dormant upon receipt of request in writing. Zonion may, in its sole discretion, bar your use of the Zonion Services at any time, for any or no reason. Even after your account with Zonion is disabled, dormant or made inactive, the terms agreed by You at the time of registration will remain in effect. This termination shall be effective only once You have cleared all Your dues that You are liable to pay as per the provisions of this Terms of Use.
b. The Company may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.
c. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until Zonion chooses to terminate them.
d. You hereby agree and acknowledge, upon termination, Zonion shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.
These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Siliguri W.B.
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: zonionsalesslg@gmail.com In case You have any queries with respect to the Terms or the Zonion Services, please write to Us at care@zonion.in
You hereby expressly agree to receive communications by way of SMSs and/or e-mails from Zonion, or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, You may still receive communications from Your end with respect to Your use of the Zonion Service.
a. Amendments: Zonion reserves the unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. You can determine when this Terms of Use was last modified by referring to the "Last Updated" legend above.
b. Notice: All notices from Zonion will be served by email to Your registered email address or by general notification on the Platform.
c. Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Zonion’s rights under the Terms of Use are freely transferable by Zonion to any third party without the requirement of informing You or seeking Your consent.
d. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
e. Waiver: Any failure by Zonion to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Zonion of that provision or right.
f. Integration: These Terms of Use together with Zonion’s Privacy Policy and any other legal notices, communications published by Zonion on its Platform, and any other agreements executed between You and Zonion shall constitute the entire agreement between you and Zonion concerning its Platform, Zonion Services and governs Your use of the Platform and Zonion Service, superseding any prior agreements between You and Zonion with respect to the Platform and Zonion Service.
These terms of use (“Terms of Use”) describe the terms on which the delivery partners(“You” or “Your” or “Yourself” or “Delivery Partner”)interested in registering or availingZonion Services (defined below) and accessing the platform www.Zonion.in and the mobile application “Zonion” owned and operated by Zonion Private Limited (“Zonion”) and licensed for use on a revocable, non-exclusive, temporary, non-assignable basis to You, collectively referred to as, the “Platform”, connect with the users registered on the Platform (“Users”) and the merchants registered on the Platform (“Merchants”) to provide Your transportation, delivery and logistics services to them, as may initiated by them on the Platform.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THEPLATFORM OR AVAILING THE Zonion SERVICES OR ACCESSING/USING ANY MATERIAL, INFORMATION THROUGH THE PLATFORM. YOUR USE OF THE PLATFORM OR Zonion SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
Use of and access to the Platform is offered to You only upon acceptance of all the terms, conditions and notices contained in this Terms of Use, along with any amendments made by Zonion at its sole discretion and posted on the Platform. By using the Platform or the ZonionServices, You agree that You have read, understood and agreed to be bound by these Terms Of Use and the Platform’s Privacy Policy available at https://www.Zonion.in/privacy.
You hereby acknowledge and agree that Zonion is a technology services provider that does not
(i) provide Delivery Partner/DP Services (defined below), or
(ii) function as a transportation/logistics carrier,
(iii) operate as an agent for the delivery of the good(s)/item(s) purchased, logistic(s) services and/or transportation of passengers.
You may choose to perform any of the following services to Users and Merchants as per your choice and convenience. You may choose to perform these services on any day of the weekend for as long as you may wish for. When you click on the accept option upon notification of a task, you expressly consent each time for providing your services to the User. You agree that You provide services directly to the User or Merchant, as the case may be.
a. Transportation/ Delivery Services from Merchant Establishments. You acknowledge that the Users may place orders with Merchants listed on the Platform through the Platform to purchase products/avail services (“Items'') from the Merchants. In this regard, You shall provide transportation/delivery services from the Merchant establishment to the location specified by the User with respect to the transactions initiated by the User on this Platform (''Delivery Services''). Unless otherwise specified, You hereby agree that while performing Delivery Services pertaining to the Item from the Merchant to the User, You acknowledge that Zonion is only a facilitator of the transactions that take place on the Platform and Zonion shall not be a party to any transactions that is initiated on the Platform. You shall be responsible for safely delivering the Items to the Users or to any person as may be specified by the User.
b. Pick Up and Drop Off Services. You acknowledge that Users may initiate a transaction on the Platform by which You will be required to pick up packages/Items from a particular location and drop off the packages/Items at another location (“Pick Up and Drop Off Services”). You agree that before pick up of Item you shall ensure the packaging is not tempered, lost, or broken. You further agree that before dropping off the packages, You shall take reasonable measures to ensure that the packages/Items are dropped off at the correct drop-off location in original condition/packaging and handed over to the correct person. You shall be responsible for safely delivering the Items to the Users or to any person as may be specified by the User.
c. Purchase Items. You acknowledge that Users may initiate a transaction on the Platform by which You would be required to purchase any Item for the User (“Purchase Services”). It is hereby clarified and acknowledged by You that your services to the User are concluded only upon the Item being delivered to the User. You further agree and acknowledge that for any of the Services mentioned above, You shall act as an agent of the User and act in accordance with the instructions provided by the User and Zonion will not be responsible for the Item purchased or for any loss/damage caused to the Item during transit.
d. For the purposes of this Terms of Use, Delivery Services, Pick Up and Drop Off Services, Purchase Services, shall hereinafter together be referred to as the “DP Services”.
e. You shall provide the DP Services, only in the applicable Territory in accordance with these Terms of Use and applicable law. For the purposes of this Terms of Use “Territory” means the city or metro areas in the territory of India, which Delivery Partners are enabled by the Platform to receive requests for DP Service
a. You shall be permitted to access the Platform, avail the Zonion Services and connect with the Users and Merchants on the Platform, as the case may be, to provide DP Services only upon creating an Account (defined below) and obtaining registration on the Platform. Your ability to continue using the Platform, avail Zonion Services and provide DP Services is subject to Your continued registration on the Platform. To register, You are required to provide all required details as may be sought by Zonion. It is your responsibility to provide all your current, updated, and requisite details. You shall be required to provide Zonion, at the time of registration, forthwith upon any revision, and at any time on Zonion’s request, with information and documentary evidence pertaining to You, any authorizations that You may have, contact details and other details as requested by Zonion. The document/information that Zonion may need from Your end shall be intimated to You from time to time. Zonion reserves the right to independently verify Your documentation from time to time in any way Zonion deems appropriate in its reasonable discretion.
b. Upon registration on the Platform, you will receive a Delivery Partner Identification Number (“DP ID”). The DP ID is specific to You only. You are responsible for all DP Services provided under the DP ID allocated to You.
c. You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to immediately notify Zonion of any unauthorized use of Your Account information or any other breach of security. It is a good practice to exit from your Account at the end of every session. Zonion cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by Zonion or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account. Use of another Delivery Partner’s Account information for using the Platform is expressly prohibited.
d. Zonion shall have the right to display the information provided by You on the Platform.You shall ensure that all the information provided by You is sufficient to give a clear description of Yourself and the DP Services performed by You for the Users, and is not false or misleading in any manner. Zonion does not independently verify the information. Zonion shall in no way be responsible or liable for the accuracy or completeness of any information provided by You.
e. Registration Fee. Zonion may charge a non-refundable boarding fee at the time of registration on the platform.
The Platform provides you with the following services (“Zonion Services”)-
a. License to the Platform;
b. Where authorized, collection of your fee for DP Services.
c. It may facilitate the issuance of invoice/payment statement to the Users, on Your behalf
4. Provision of DP Services.
a. When You are logged into Your Account on the Platform, Users’ requests for DP Services may appear to You on Your Account on the Platform if You are available and visible in the vicinity of the task raised by the User. You have the choice to accept the request from the User. If you accept the User request for DP Services, You will receive in an automated manner certain user information which may inter alia include the pick-upaddress, User’s name, item to be purchased, purchase location, pick-up/drop off location,contact information etc. (“User Information”).
b. You hereby acknowledge and agree that once You have accepted a User’s request for DP Services, the Platform may display to the User in an automated manner, certain information about You which may inter alia include Your name, contact information, photo and location, Your rating, Your driving license information and Your vehicle registration number and other personal information necessary for the successful and timely accomplishment of the DP Services.
c. You agree and undertake that You shall not contact Users or use any User’s personal data/User Information for any reason other than for the purposes of fulfilling DP Services through the Platform in accordance with these Terms of Use and applicable law.
d. You shall provide valid invoices issued by Merchants to the User for the Items covered under DP Services (especially Delivery Services and Purchase Services) performed by You,(as may be applicable).
e. You shall transport all Items for the Users and provide all DP Services to the User directly to their specified destination or otherwise complete all logistics related tasks, as directed by the applicable User, without undue delay. In the event, You, at your own discretion feel that there will be an inordinate delay, You shall on a best efforts basis try and reach out to the User.
f. With respect to DP Services, You hereby agree that You shall not open or attempt to open the Items/packages to be dropped off/delivered to or on behalf of the User. However, if it comes to Your knowledge that a package contains illegal substance or Items not permissible to be delivered through the DP Services, You shall immediately report the same concerned law enforcement authorities. You expressly agree that You will not deliver/transport any alcoholic beverages or entertain any User’s request to deliver/purchase or transport any alcoholic beverages or any other contraband items.
a. Zonion does not, and shall not be deemed to have any form of direct or indirect control over Delivery Partners inter alia with respect to the availability of Delivery Partners, performance of DP Services by the Delivery Partners or maintenance of DeliveryPartner’s vehicle or compliance with applicable laws applicable to Delivery Partners of DPServices. It is hereby clarified that there is no employer-employee relationship between Zonion and the Delivery Partners. Delivery Partner acknowledges that Zonion does not control, or purport to control:
i. when or for how long will the Delivery Partner utilize the Platform or the Zonion Services; or Delivery Partner’s decision, via the Platform, to attempt to accept or to decline or ignore a User’s request for DP Services on the Platform, subject to Zonion’s then-current cancellation policies.
b. You are not an employee of Zonion. You may thus choose to engage with other occupations or means of livelihood. There is no exclusivity arrangement with Zonion and You have complete discretion to operate Your independent business or enroll with other platforms for performing similar services. You have no authority to bind Zonion and undertake not to hold Yourself out as an employee, agent or authorized representative of Zonion or its affiliates. Where, by implication of mandatory law or otherwise, You may be deemed an employee, agent or representative of Zonion, You undertake and agree to indemnify, defend and hold Zonion and its affiliates harmless from and against any claims by any person, entity, regulators or governmental authorities based on such implied employment, agency or representative relationship.
c. Your Account may be deactivated or otherwise restricted from accessing or using the Platform or the Zonion Services in the event of a violation of these Terms of Use, disparagement of Zonion or any of its affiliates, or Your act or omission that causes harm to Zonion’s or any of its affiliates’ brand, reputation or business as determined by Zonion in its sole discretion. Zonion also retains the right to deactivate or otherwise restrict You from accessing or using the Platform or the Zonion Services for any other reason at the sole and reasonable discretion of Zonion.
d. You agree that You may require certain enablers such as bikes, mobile phones, helmets,bags or other such instruments for you to perform DP Services. Zonion is not responsible to provide any such support to You. In particular, Zonion is not responsible to provide You with reimbursements of any fuel incurred by You, or insurance premium paid by You, or helmets purchased by you. You shall solely be responsible for maintaining the necessary equipment and internet connections that may be required to access, use and transact on the Platform and avail the Zonion Services.
e. Zonion may from time to time provide You with certain advisories in respect of Your performance of the DP Services. These advisories may be issued to facilitate compliance with applicable law or to generate a uniform platform experience for Users, Merchants and other Delivery Partners. You are encouraged to follow them.
f. You may from time to time receive notice of certain welfare/benefit programs that You may avail as part of the Zonion ecosystem. Availing such benefits are subject to Your choice and opt-in. These benefits will be provided to you by third party service providers who Zonion does not control or sponsor. You will not receive any employee benefits.
g. To facilitate provision of DP Services, You may choose to avail certain third-party services such as personal loans, accident insurance policies etc. Some of these third-party services may be introduced to You through Zonion. The choice of availing all such services is Yours. Zonion is not responsible for such services provided by third parties. If you choose to avail such benefits You authorize Zonion to share information about You as required for such third party to provide the services to you.
a. Delivery Partner acknowledges and agrees that it’s provision of DP Services to Users creates a legal and direct business relationship between the Delivery Partner and the User, to which Zonion is not a party. Zonion is not responsible or liable for the actions or inactions of a User in relation to the activities of the Delivery Partner. You shall have the sole responsibility for any obligations or liabilities that may arise towards the Users or any third parties that arise from the provision of Your DP Services. You are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance policies that meet the requirements of all applicable laws) regarding any acts or omissions of a User or third party.
a. You agree that:
(i) after providing DP Services to a User, the Platform will prompt the User with an option to provide a rating of such DP Service provided by You and, optionally, to provide comments or feedback about You and such DP Service; and
(ii) after providing the DP Services to the Users, You will be prompted on the Platform to provide a rating of the User and, optionally, to provide comments or feedback about the User. You shall provide ratings and feedback in good faith and unbiased manner.
b. Zonion and its affiliates reserve the right to use, share and display Your ratings and comments in any manner in connection with the business of Zonion and its affiliates without attribution to or approval of Delivery Partners and You hereby consent to the same. Zonion and its affiliates reserve the right to remove comments from Platform in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws,intermediary guidelines, other applicable laws or Zonion’s or its affiliates’ content policies.
a. In order to access the Platform and provide the DP Services to the Users, You may use Your own device (“Delivery Partner Device”)
You acknowledge and agree that Your geo-location information is required from You to provide the DP Services to the Users, using the Platform and is required by Zonion for it to provide You with Zonion Services. You acknowledge and hereby consent to the following:
(a) Your geo‐location information will be monitored and tracked by Zonion, when You are logged into Your Account on the Platform and available to receive requests for providing DP Services from the Users, or when You are providing transportation and/or logistics services to the Users; and
(b) the approximate location of Your vehicle will be displayed to the User before and during the provision of DP Services to such User. In addition, Zonion may monitor, track and share Your geo‐location information obtained by the Platform and Delivery Partner Device, as the case may be, for safety, security, technical, marketing and commercial purposes, including to provide and improve Zonion’s products and services.
a. Delivery Partner Requirements. In order to register as a Delivery Partner, You must be above 18 years of age. You acknowledge and agree that You shall at all times hold and maintain
(i) a valid driver's license (if applicable) with the appropriate level of certification to operate the vehicle driven/ridden by You, and(ii) all licenses, permits, approvals and authority applicable to Your vehicle (if applicable) that are necessary to provide DP Services;
(iii) the appropriate and current level of training, expertise and experience to provide DP Services in a professional manner with due skill, care and diligence; and
(iv) high standards of professionalism, service and courtesy. You acknowledge and agree that You may be subject to certain background and driving record checks from time to time.
b. Vehicle Requirements. You acknowledge and agree that Your vehicle with which You choose to provide DP Services shall be:
(i) operated in compliance with all applicable laws
(ii) properly registered, insured and licensed in accordance with law to operate as a passenger transportation vehicle, a shared mobility vehicle and/or vehicle to transport/deliver Item(s)/product purchased in the Territory on behalf of the User and
(iii) maintained in good operating condition, consistent with industry safety and maintenance standards for vehicle of its kind and any additional standards or requirements in the applicable Territory, and in a clean and sanitary condition (together hereinafter referred to as“Vehicle Specification”).
a. User Payment: While providing Purchase Services and Delivery Services for Items which are purchased/picked up from merchants not registered on the Platform, and the prices for such items are not provided on the Platform, You shall promptly provide the price details and Item details, including pictures of the Items to the Users on the Platform. Upon confirmation of the Items by the Users on the Platform, and on payment of the same by the User, You shall make the purchase on behalf of the Users. For Merchants who are registered on the Platform, You are not required to make any payments to the Merchant on behalf of the User.
b. Delivery Partner Fees: For the provision of DP Services You may charge a fee to the User, the amount of which is determined in accordance with the guidelines framed by Zonion for Delivery Partners (“DP Fees”). Note,Zonion frames the guidelines for the purposes of providing a uniform experience on the Platform to Users, Merchants and Delivery Partners. Please review carefully the DP Fees applicable to the DP Services You choose to provide before You do so.
c. Changes to Fare Calculation. Zonion reserves the right to change the Fare Calculation at any time based upon local market factors, and Zonion will provide notice to the Delivery Partner in the event of such change that would result in a change in the recommended Fare. Continued use of the Zonion Services after any such change in the Fare Calculation shall constitute Your consent to such change.
d. Fare / Ride Cost Adjustment. Any adjustment to Fare/Ride Cost for instances such as technical error in the Zonion Services or force majeure events etc., shall be subject to uniform policies applicable from time to time.
e. Cancellation Charges. You acknowledge and agree that Users may elect to cancel requests for DP Services that have been accepted by You at any time prior to the provision of DP Services. In the event that a User cancels an accepted request for DP Services, Zonion may charge the User a cancellation fee on behalf of You. If charged, this cancellation fee shall be deemed Ride Cost/Fare/DP Fees for the cancelled DP Services and shall be remitted to You (“Cancellation Fee”).
f. Taxes. You acknowledge and agree that You are required to:
(i) complete all tax registration obligations (if any) and calculate and remit all tax liabilities related to the provision of DP Services as required by applicable law; and
(ii) provide with all relevant tax information. You further acknowledge and agree that You are responsible for paying taxes on Your own income arising from the performance of DP Services. Notwithstanding anything to the contrary in this Agreement, may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from Your provision of DP Services and/or provide any of the relevant tax information You have provided pursuant to the foregoing requirements in this Section directly to the applicable governmental tax authorities on Your behalf or otherwise. You further agree and acknowledge that you shall be entitled to deduct tax at source in accordance with applicable law, prior to making any payouts to You.
a. License Grant. Subject to the terms and conditions of these Terms of Use, hereby grants the Delivery Partner a non-exclusive, royalty-free, non-transferable, non-sub-licensable, non-assignable license, the Platform in connection with the provision of the Services solely for the purpose of providing DP Services to Users.
b. Restrictions. You shall not, and shall not allow any other party to:
(i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the Services, Platform or (if applicable) in any way;
(ii) modify or make derivative works based upon the Services or Platform
(iii) improperly use the Services or Platform, including creating Internet “links” to any part of the Services or Platform, “framing” or “mirroring” any part of the Services or Platform on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the Services or the Platform
(iv) reverse engineer, decompile, modify, or disassemble the Services or Platform or
(v) send spam or otherwise duplicative or unsolicited messages. In addition, You shall not, and shall not allow any other party to,access or use the Services or Platform to:
(i) design or develop a competitive or substantially similar product or service
(ii) copy or extract any features, functionality, or content thereof;
(iii) launch or cause to be launched on or in connection with the Services an automated program or script, including web spiders, crawlers, robots,indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Services/Platform; or
(iv) attempt to gain unauthorized access to the Services or its related systems or networks,
(v) defame, abuse, harass, threaten or otherwise violate the legal rights of others;
(vi) impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(vi) publish, post, upload, distribute or disseminate any information that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, inappropriate, profane, infringing or otherwise unlawful in any manner whatever; or that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
(vii) upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights there to or have received all necessary consents;
(viii) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
(ix) engage in any activity that interferes with or disrupts access to the Platform or the Services (or the servers and networks which are connected to the Platform);
(x) attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any server, or to any of the Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
(xi) probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform.
(xii) reverse look-up, trace or seek to trace any information on any other user (Merchant, User, Delivery Partner), of or visitor to, the Platform, to its source, or exploit the Platform or Services or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
(xiii) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
(xiv) collect or store data about other users (Merchant, User, Delivery Partner), in connection with the prohibited conduct and activities set forth in this Terms of Use; and
(xv) use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
(xvi) use the Platform or any material or content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of or other third parties;
(xvii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(xviii) misuse the personal information of the registered users or use their personal information or disclose such personal information for any purpose other than to fulfil Your obligations under these Terms of Use;
(xix) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(xx) violate the Terms of Use contained herein or elsewhere, or violate any applicable laws or regulations for the time being in force within or outside India;
c. Ownership. The Services, Platform, and Data (defined below), including all intellectual property rights therein, are and shall at all time remain the property of , its affiliates, or their respective licensors, as the case may be. Neither this Terms of Use nor Your use of the Services, Platform or Data conveys or grants to You any rights:
(i) in or related to the Services, Platform or Data, , except for the limited license granted under these Terms of Use; or
(ii) to use or reference in any manner ’s, its affiliates, or their respective licensors’ company names, logos, product and service names, trademarks, service marks or other indicia of ownership. Additionally, You acknowledge ’s rights in its family of trademarks and names, including , alone and in combination with other letters, punctuation, words, symbols, and/or designs, and the Logo (“ Marks and Names”). You agree that You will not try to register or otherwise claim ownership in any of the Marks and Names, alone or in combination with other letters, punctuation, words, symbols, and/or designs, or in any confusingly similar mark or name.
d. For the purposes of these Terms of Use “ Data” means all data related to the access and use of the Services hereunder, including all data related to Users (including User Information), all data pertaining to Merchant, Items (MerchantInformation), all data related to the provision of transportation and/or logistics services by the Delivery Partner via the Services and the Platform, and the DP ID.
You shall indemnify, defend and hold harmless and its affiliates and the irrespective officers, directors, employees, agents, successors, and assigns (“Indemnified Parties”) from and against any and all liabilities, losses (including reputational loss and brand value loss caused due to deficiency of services on part of You), demands, expenses(including legal fees and disbursements in connection therewith and interest chargeable upon), damages, penalties, fines, social security contributions and taxes asserted against or incurred by the Indemnified Parties arising out of or related to
(i) The breach of Your representations, warranties or obligations under this Terms of Use; or
(ii) a claim by a third party (including Users, Merchant, regulators and governmental authorities) directly or indirectly related to (x) Your provision of DP Services or use of the Services or the Platform, (y) Your acts of negligence or willful misconduct in the performance of this Terms of Use.
and its affiliates shall not be liable under or related to this Terms of Use for any of the following, whether based on contract, tort or any other legal theory, even if a party has been advised of the possibility of such damages:
(i) any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or
(ii) Your or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage. In no event shall the liability of or its affiliates under this Terms of Use exceed INR 99/- (Rupees Ninety nine). You acknowledge and agree that any and all claims You have or purport to have against and/or its affiliates should be notified to and/or its affiliates immediately and no later than 30 days from the event. You forfeit all rights in respect of that claim if You fail to do so. These limitations do not purport to limit liability that cannot be excluded by applicable law.
a. These Terms of Use will continue to apply until terminated by either You or Zonion as set forth below (“Term”). These Terms shall continue to apply so long as You continue to access the Platform.
b. If You want to terminate these Terms, You can do so by
(i) notifying Zonion to close Your Account; and
(ii) not accessing the Platform. Such termination shall take effect after 15 days of receipt of the above notice and Zonion shall delist the Delivery Partner at the end of the 15th Day.
c. Upon termination of Your Account, the DP ID allotted to You, and/or any other content or materials related to You shall be deleted. Zonion may however retain Your transaction history on the Platform or in Your Account and any other Delivery Partner records, for legal purposes without any obligation to provide you with the data.
d. The termination of Your Account shall not relieve You of any liability that You may have incurred or may incur in relation to use of Zonion Services or the Platform prior to such termination. Further, Zonion shall not be liable to You or any third party for any termination of Your Account, or Your access to the Platform and Zonion Services.
a. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Zonion, for which monetary damages would be inadequate, and You consent to Zonion obtaining any injunctive or equitable relief that Zonion may deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Zonion may have at law or in equity.
b. If Zonion does take any legal action against You as a result of Your violation of these Terms of Use, Zonion will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Zonion.
Except as otherwise expressly provided herein to the relationship between Zonion and Delivery Partner is solely that of independent contractors. The parties expressly agree that:
(i) these Terms of Use do not create any relationship of employment with Zonion nor does it impose any employer obligations on Zonion (inter alia including obligations under labor laws and tax laws); and
(ii) no joint venture, partnership, or principal-agent relationship exists between Zonion and Delivery Partner(s). However, for the limited sole purpose of collection of DP Fees, Ride Cost, Fare etc., Zonion may be engaging with third parties’ services on behalf of Delivery Partner, for collecting payments from Users on behalf of the Delivery Partner.
You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
a. You agree to use the Platform and the materials provided therein only:
(i) for purposes that are permitted by the Terms of Use; and
(ii) in accordance with any applicable law,regulation or generally accepted practices or guidelines.
b. You hereby represent and warrant that:
(i) You have full power and authority to enter into this Terms of Use and perform your obligations hereunder;
(ii) You have not entered into, and will not enter into, any arrangement that would prevent it from complying with this provisions of the Terms of Use and applicable law;
(iii) You will comply with all applicable laws in its performance of this Terms of Use, including holding and complying with all permits, licenses, registrations, certifications and other governmental authorizations necessary to provide DP Services using the required vehicle pursuant to this Terms of Use.
c. You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law which may have an adverse effect on the provision of logistic/delivery/transportation services.
d. You represent and warrant that You upon performing the DP Services, promptly and accurately update on the Platform that You have completed such DP Services or delivered the Item, as the case may be.
e. You represent and warrant that all governmental authorisations, consents, licenses, registration, approvals and other consents required under applicable laws for the provision of DP Services have been obtained and shall remain in force for as long as You are using the Platform and availing the Zonion Services or during the provision of DP Services by You.
f. You agree not to access (or attempt to access) the Platform and the materials or by any means other than through the interface that is provided by Zonion. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any of its content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content therein, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
g. You acknowledge and agree that by accessing or using the Platform or Zonion Services, You may be exposed to content from other users (including but not limited to other Merchants, Users and Delivery Partners) that You may consider offensive, indecent or otherwise objectionable. Zonion disclaims all liabilities arising in relation to such offensive content on the Platform.
h. If the Platform allows You to post and upload any material on the Platform, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility. You hereby do and shall grant Zonion a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, disclose, distribute, translate and otherwise fully exploit any such material, in connection with the Platform and Zonion’s (and Zonion’s successors’ and assigns’) businesses, including without limitation, for promoting the Platform in any media formats and through any media channels. You represent and warrant that You have all rights to grant such licenses to Zonion without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. i. Disclaimer of Warranties. You hereby accept and acknowledge that, the Zonion Services and Platform is provided on an "as is" and "as available" basis. Zonion does not represent, warrant or guarantee that Your access to or use of the Zonion Services or Platform:
(i) will be uninterrupted or error free; or
(ii) will result in any guaranteed requests for DP Services. Zonion functions as an on‐demand lead generation and related service only and makes no representations, warranties or guarantees as to the actions or inactions of the Users, who may request or receive DP Services from You, and Zonion need not screen or otherwise evaluate Users. By using the Zonion Services and Platform, You acknowledge and agree that You may be introduced to a third party (including Users, Delivery Merchants) that may pose harm or risk to You or other third parties. You are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the Zonion Services or the Platform. Zonion expressly disclaims all liability for any act or omission of any Delivery Partner, any User, Merchant or other third party.
j. No Service Guarantee. Zonion does not guarantee the availability or uptime of the Zonion Services or the Platform. You acknowledge and agree that the Zonion Services or Platform may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the Zonion Services or Platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications or for any other technological reasons, and Zonion is not responsible for any delays, delivery failures or other damages, liabilities or losses, costs resulting from such problems.
a. Modification. Zonion reserves the right to modify these Terms of Use, effective upon publishing an updated version on the Platform. Zonion shall not be required to notify You of any changes made to the Terms of Use. You are requested to regularly visit the homepage to view the most current Terms of Use. You can determine when Zonion last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. Zonion may require You to provide Your consent to the updated Terms of Use in a specified manner prior to any further use of the Platform. If no such separate consent is sought, Your continued use of the Zonion Services, or the Platform will constitute Your acceptance of those changes.
b. Supplemental Terms. Supplemental terms may apply to Your use of the Platform or the Zonion Services, such as use policies or terms related to certain features and functionality and/or zero tolerance/shipping policies, which may be modified by Zonion from time to time (“Supplemental Terms''). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of,these Terms of Use. Supplemental Terms shall prevail over these Terms of Use in the event of a conflict.
c. Severability.If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Terms of Use but the legality, validity and enforceability of the remainder of this Agree shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable (part of the) provision with a(part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the)provision, given the contents and purpose of these Terms of Use.
d. Assignment. You shall not assign or transfer these Terms of Use or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of Zonion. Zonion may assign or transfer any or all of its rights or obligations hereunder, in whole or in part, under these Terms from time to time without consent
e. Notices. Any notice delivered by Zonion to You under these Terms of Use will be delivered by email to the email address associated with Your Account or by posting the same on the Platform. Any notice delivered by You to Zonion under these Terms of Use will be delivered by contacting Zonion on zonionsalesslg@gmail.com and/or its support representatives.
a. Notwithstanding these Terms of Use, Zonion reserves the right to temporarily or permanently, as it may deem fit, discontinue Your access to the Platform, Zonion Services and/or de-list You from the Platform with immediate effect in the following instances:
i. User complaints received by Zonion which are directly attributable to You; or
ii. Breach of the provisions of any applicable law; or
iii. Breach of the representations and warranties under these Terms of Use; or
iv. Any other breach of the Terms of Use, Zonion’s Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to not comply, or are unable to, comply with the same);
v. The provision of the Zonion Services to You by Zonion is, in the opinion of Zonion, no longer commercially viable or in any way detrimental to Zonion, its business or the Platform;
vi. You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Zonion has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.
vii. Zonion has elected to discontinue, with or without reason, Your access to the Platform, Zonion Services or any part thereof.
1. As agreed by you in the Terms of Use, Zonion enables a registered user of the Zonion App to connect with independent service providers (“Zonion Partner”), to fulfil tasks raised by such users. Such tasks could include tasks to pick up and drop items from one location (“Pick-Up Location”) and to drop to another location (“Drop Location”) (such pick up and drop off tasks, “Pick-up/Drop-off Task(s)”).
2. You understand and agree that the pick-up and drop service is provided to you by the Zonion Partner directly. Zonion merely acts as a technology platform to facilitate such tasks raised by you, and Zonion does not assume any responsibility or liability for any deficiency in the service on part of the Zonion Partner.
3. You agree that you shall not request for a Pick-up/Drop-off Task on the Zonion App, for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation.
4. You agree that before initiating a Pick-up/Drop-off Task on the Zonion Platform, you are well aware of the contents of the package sent or requested by you through registered Zonion Partners, and that such contents are legal and within limits of transportation under any applicable law. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewelry, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances).
5. You also agree that you shall not request for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.
6. You are also aware that the Zonion Partner may choose to not deliver item(s) for any reason whatsoever.
7. You also agree that, upon becoming aware of the commission any offence or your intention to commit any offence upon initiating or during a Pick-up/Drop-off Task of any item(s) stipulated under paragraph 6 of these PND Terms or otherwise restricted under applicable law, the Zonion Partner may report such information to the law enforcement authorities.
8. You agree that if the Zonion Partner picks up certain item(s) from a Pick-Up Location on Your behalf, the Zonion Partner does so on your sole instructions under the task raised by you. Zonion is not a retail store, restaurant, food delivery service, merchandise delivery service, a courier or shipping service or food preparation entity.
9. You acknowledge and agree that the Pick-Up Location and the Drop Location have been voluntarily added by you on the Zonion App. You agree that your location data is collected in accordance with Zonion’s Privacy Policy.
The zonion Master Framework Letter (“Letter”) along with the Merchant Partner Terms of Use (“Terms''), represents and confirms our mutual Terms with respect to the Merchant Partner’s participation on the proprietary mobile platform currently made available by zonion Private Limited (“zonion” or “us”) or its affiliates, from time-to-time, and referred to as the “zonion App”. Upon signing by both parties, the Letter and the zonion Merchant Terms of Use binding and enforceable legal contract between you and zonion as of the date set forth above (“Effective Date”)
The Zonion Master Framework Letter (“Letter”) along with the Merchant Partner Terms of Use (“Terms''), represents and confirms our mutual Terms with respect to the Merchant Partner’s participation on the proprietary mobile platform currently made available by Zonion Private Limited (“Zonion'' or “us”) or its affiliates, from time-to-time, and referred to as the “Zonion App”. Upon signing by both parties, the Letter and the Zonion Merchant Terms of Use binding and enforceable legal contract between you and Zonion as of the date set forth above (“Effective Date”)
The Terms with you are as follows:
1. Intended Projects
We each agree to work in good faith with one another on certain collaborative projects, (as described below) or other projects as we mutually agree, in connection with the item(s), which include medicines, cosmetics, other licensed drugs and health products made available [each an “Item(s)”] ; the food or packaged food item(s) or any grocery item(s) and/or beverages the Restaurant/Merchant makes available (each, a “Meal” or “Item(s)” which include perishable/non-perishable goods including other item(s) or accessories produced for pets made available [each an “Item(s)”] Gifts and hampers (including accessories) via the zonion App. and any such project will only be undertaken once we mutually execute such Addendum.2. The suggested search term(s) or Merchant item(s) visible on the zonion App is the general availability of Item(s) during the Merchant’s normal business hours. The Merchant’s customers (the “Buyers” and/or “zonion App Users”/” User(s)”) may select Item(s) from the displayed search term(s)/listing(s) on the zonion App.
3. Delivery
The “zonion Web Dashboard” will be made available to the Merchant to access on-demand logistic services by Delivery Partners. For the sake of clarity, neither zonion nor its affiliates provide any delivery or logistics services, but zonion provides a platform for outlets like yours to connect with Delivery Partners for delivery services and to receive demand prediction, payment processing and related information services in connection with the sale of the Items. “Delivery Partner” is defined as an independent contractor who intends to provide on demand delivery services using zonion’s proprietary technology platform under license from zonion or one of its affiliates. zonion will not have any obligation to deliver the Item(s) as a platform provider. For purposes of delivery of the Items, zonion and the Delivery Partners shall operate(i) under cover of any approval, license or permission required to operate your business at the Merchant Outlet and sell the Item(s) and
(ii) under your control, as your agent (including but not limited to receipt agent of Item charges and based on your instructions, if applicable, apply the Item charges collected on your behalf towards disbursal of the fee payable by you to Delivery Partner), and not employee. For the sake of clarity, you, through the services provided by Delivery Partners, are responsible for the delivery of Items and you maintain possession, control and care of the Items at all times. You shall have marketable legal right and title to sell the products or render the services. You shall not offer any products or services which are illegal, unlawful, expired and in violation of applicable laws and policies. zonion will not be liable for any damage or loss incurred by the Users in relation to the delivery of the Items and will follow reasonable guidance you provide regarding the delivery of the Items.
5.a. Item(s). Zonion will provide you reasonable advice regarding demand prediction, which you may use in connection with your determination of the quantity and type of Items made available via the Zonion App. You are fully responsible for quality, safety and delivery of the Items and you shall adhere to all applicable laws and regulations in relation to the preparation, provision, packaging and delivery of the Items. You will determine any quality, portion, size, ingredient or other criteria (including those of laws and regulations) that apply to the Items (“Criteria'') and you are solely responsible for ensuring that the Items meet such criteria when then are made available via the Zonion App. In the event of failing to provide Items that adhere to the Criteria (each, a “Substandard Item”), Zonion is under no obligation to make such Substandard Items available for sale via the Zonion App.
5.b. Taxes. You are responsible for determining and setting the retail price (“Retail Price”) for each Item and duly informing Zonion from time to time, including any Item discount(s)/discounts on offer from time to time. You shall be the “retailer” or “seller” of all Items for the purpose of any indirect tax (such as value added tax, sales tax, service tax, goods and services tax) (“Indirect Tax”) and the responsible party for collection and remittance of applicable Indirect Tax. For the sake of clarity, the Retail Price for each Item shall include Indirect Tax, as applicable. You undertake that all applicable taxes on item(s) & delivery would be deposited by you with the government treasury within stipulated timelines. Except as may be expressly agreed in this Terms, each party shall be responsible for its expenses and costs during its performance under this Terms.
5.c. Item Inventory. You maintain title to all Item inventory until each Item is delivered to a User. You are responsible for the costs of all Items. Whenever a User wishes to avail Items or Service as identified by the App, Zonion will notify the Merchant Partner of the specifications and particulars of the order as is received from the User. Upon receipt of an order request from a User, the Merchant Partner shall keep ready the product or provide any service as required by the User. In the event the specifications are not sufficient for the Merchant Partner to process any order, the Merchant Partner must seek further information as required.
5.d. Notwithstanding these Terms, Zonion reserves the right to temporarily discontinue Services or permanently terminate with immediate effect for material breach or non-compliance by the Merchant Partner which includes, but is not limited to, the following instances:
(i). User/Buyer complaints received by Zonion which are directly or indirectly attributable to the quality of item(s) provided by the Merchant Partner either through poor ratings, as defined by Zonion, through calls placed with Zonion or through any other means;
(ii). Sale of medicines requiring a prescription, without one to the User or the sale of medicines which are below the standard quality or prohibited from sale under any law;
(iii). Breach of the provisions of the Drugs and Cosmetics Act, 1940 and the rules, including any other law applicable to the Merchant Partner;
(iv). Breach of the representations and warranties of the Merchant Partner; or
(v). Any other material breach of the terms.
Notwithstanding anything contained under these Terms, Zonion has the right to immediately delist any of the item(s) from the Platform, which is not in compliance with applicable law or the rules or regulations, made thereunder.
5.e. You are responsible for costs related to reimbursement to the Users in the event Users have either refused to pay for or have claimed partial or full refund, as applicable, for reasons that are attributable to Merchant Partner, including but not limited to, User’s expectations not being met or User dissatisfaction in relation to, inter alia, the quality of the Item(s), undelivered Item(s), discrepancy in the Item(s) delivered which is not in accordance with the Item placed and/or those Item(s) for which User requests for a replacement. (“Disputed Orders”) Any such User(s) request a refund for any Item(s) (including, without limitation, any costs associated with retrieving any such Item(s), if applicable), for reasons that are considered by Zonion in its sole discretion as reasonable, for
(i) request by the Users of refund or
(ii) acceptance by the Delivery Partner of the request. Zonion may deduct refunds from the payment made to you under these Terms.
5.f. It is clarified that Zonion shall not be liable to make any payment for a Disputed Order. Zonion shall reserve the right to recover from Merchant Partner, the amount paid to Users/Buyers as refund upto the order value.
5.g. In case of complaints from the User pertaining to item quality, or any other such issues, Zonion shall notify the same to the Merchant Partner and shall also redirect the Buyer to the consumer call center of the Merchant. Merchant Partner shall alone be liable for redressing and bound to take action on the complaints by the User. Zonion has the right to share with the Merchant Partner the relevant information including the Merchant details to enable satisfactory resolution of the complaint. Zonion shall in the interest of satisfactory resolution of the Complaint, share with the User, relevant information pertaining to the Order along with Merchant details.
5.h. Service Fee. In consideration for use of the Zonion App, Zonion will charge you a service fee as specifically set forth on each applicable Addendum as well as the Letter. All fees under these Terms shall be paid in Indian Rupees and are exclusive of any taxes, including Indirect Tax and withholding tax, if applicable.
5.i. Zonion does not guarantee that you will be matched with the Delivery Partner at the time you wish to be matched. Zonion shall not be liable for any failure to match.
5.a. Item(s). Zonion will provide you reasonable advice regarding demand prediction, which you may use in connection with your determination of the quantity and type of Items made available via the Zonion App. You are fully responsible for quality, safety and delivery of the Items and you shall adhere to all applicable laws and regulations in relation to the preparation, provision, packaging and delivery of the Items. You will determine any quality, portion, size, ingredient or other criteria (including those of laws and regulations) that apply to the Items (“Criteria'') and you are solely responsible for ensuring that the Items meet such criteria when then are made available via the Zonion App. In the event of failing to provide Items that adhere to the Criteria (each, a “Substandard Item”), Zonion is under no obligation to make such Substandard Items available for sale via the Zonion App.
5.b. Taxes. You are responsible for determining and setting the retail price (“Retail Price”) for each Item and duly informing Zonion from time to time, including any Item discount(s)/discounts on offer from time to time. You shall be the “retailer” or “seller” of all Items for the purpose of any indirect tax (such as value added tax, sales tax, service tax, goods and services tax) (“Indirect Tax”) and the responsible party for collection and remittance of applicable Indirect Tax. For the sake of clarity, the Retail Price for each Item shall include Indirect Tax, as applicable. You undertake that all applicable taxes on item(s) & delivery would be deposited by you with the government treasury within stipulated timelines. Except as may be expressly agreed in this Terms, each party shall be responsible for its expenses and costs during its performance under this Terms.
5.c. Item Inventory. You maintain title to all Item inventory until each Item is delivered to a User. You are responsible for the costs of all Items. Whenever a User wishes to avail Items or Service as identified by the App, Zonion will notify the Merchant Partner of the specifications and particulars of the order as is received from the User. Upon receipt of an order request from a User, the Merchant Partner shall keep ready the product or provide any service as required by the User. In the event the specifications are not sufficient for the Merchant Partner to process any order, the Merchant Partner must seek further information as required.
5.d. Notwithstanding these Terms, Zonion reserves the right to temporarily discontinue Services or permanently terminate with immediate effect for material breach or non-compliance by the Merchant Partner which includes, but is not limited to, the following instances:
(i). User/Buyer complaints received by Zonion which are directly or indirectly attributable to the quality of item(s) provided by the Merchant Partner either through poor ratings, as defined by Zonion, through calls placed with Zonion or through any other means;
(ii). Sale of medicines requiring a prescription, without one to the User or the sale of medicines which are below the standard quality or prohibited from sale under any law;
(iii). Breach of the provisions of the Drugs and Cosmetics Act, 1940 and the rules, including any other law applicable to the Merchant Partner;
(iv). Breach of the representations and warranties of the Merchant Partner; or
(v). Any other material breach of the terms.
Notwithstanding anything contained under these Terms, Zonion has the right to immediately delist any of the item(s) from the Platform, which is not in compliance with applicable law or the rules or regulations, made thereunder.
5.e. You are responsible for costs related to reimbursement to the Users in the event Users have either refused to pay for or have claimed partial or full refund, as applicable, for reasons that are attributable to Merchant Partner, including but not limited to, User’s expectations not being met or User dissatisfaction in relation to, inter alia, the quality of the Item(s), undelivered Item(s), discrepancy in the Item(s) delivered which is not in accordance with the Item placed and/or those Item(s) for which User requests for a replacement. (“Disputed Orders”) Any such User(s) request a refund for any Item(s) (including, without limitation, any costs associated with retrieving any such Item(s), if applicable), for reasons that are considered by Zonion in its sole discretion as reasonable, for (i) request by the Users of refund or (ii) acceptance by the Delivery Partner of the request. Zonion may deduct refunds from the payment made to you under these Terms.
5.f. It is clarified that Zonion shall not be liable to make any payment for a Disputed Order. Zonion shall reserve the right to recover from Merchant Partner, the amount paid to Users/Buyers as refund upto the order value.
5.g. In case of complaints from the User pertaining to item quality, or any other such issues, Zonion shall notify the same to the Merchant Partner and shall also redirect the Buyer to the consumer call center of the Merchant. Merchant Partner shall alone be liable for redressing and bound to take action on the complaints by the User. Zonion has the right to share with the Merchant Partner the.. relevant information including the Merchant details to enable satisfactory resolution of the complaint. Zonion shall in the interest of satisfactory resolution of the Complaint, share with the User, relevant information pertaining to the Or der along with Merchant details.
5.h. Service Fee. In consideration for use of the Zonion App, Zonion will charge you a service fee as specifically set forth on each applicable Addendum as well as the Letter. All fees under these Terms shall be paid in Indian Rupees and are exclusive of any taxes, including Indirect Tax and withholding tax, if applicable.
5.i. Zonion does not guarantee that you will be matched with the Delivery Partner at the time you wish to be matched. Zonion shall not be liable for any failure to match.
5.d. Notwithstanding these Terms, Zonion reserves the right to temporarily discontinue Services or permanently terminate with immediate effect for material breach or non-compliance by the Merchant Partner which includes, but is not limited to, the following instances:
(i). User/Buyer complaints received by Zonion which are directly or indirectly attributable to the quality of item(s) provided by the Merchant Partner either through poor ratings, as defined by Zonion, through calls placed with Zonion or through any other means;
(ii). Sale of medicines requiring a prescription, without one to the User or the sale of medicines which are below the standard quality or prohibited from sale under any law;
(iii). Breach of the provisions of the Drugs and Cosmetics Act, 1940 and the rules, including any other law applicable to the Merchant Partner;
(iv). Breach of the representations and warranties of the Merchant Partner; or
(v). Any other material breach of the terms.
Notwithstanding anything contained under this Terms, Zonion has the right to immediately delist any of the item(s) from the Platform, which is not in compliance with applicable law or the rules or regulations, made thereunder.
5.e. You are responsible for costs related to reimbursement to the Users in the event Users have either refused to pay for or have claimed partial or full refund, as applicable, for reasons that are attributable to Merchant Partner, including but not limited to, User’s expectations not being met or User dissatisfaction in relation to, inter alia, the quality of the Item(s), undelivered Item(s), discrepancy in the Item(s) delivered which is not in accordance with the Item placed and/or those Item(s) for which User requests for a replacement. (“Disputed Orders”) Any such User(s) request a refund for any Item(s) (including, without limitation, any costs associated with retrieving any such Item(s), if applicable), for reasons that are considered by Zonion in its sole discretion as reasonable, for (i) request by the Users of refund or (ii) acceptance by the Delivery Partner of the request. Zonion may deduct refunds from the payment made to you under these Terms.
5.f. It is clarified that Zonion shall not be liable to make any payment for a Disputed Order. Zonion shall reserve the right to recover from Merchant Partner, the amount paid to Users/Buyers as refund upto the order value.
5.g. In case of complaints from the User pertaining to item quality, or any other such issues, Zonion shall notify the same to the Merchant Partner and shall also redirect the Buyer to the consumer call center of the Merchant. Merchant Partner shall alone be liable for redressing and bound to take action on the complaints by the User. Zonion has the right to share with the Merchant Partner the relevant information including the Merchant details to enable satisfactory resolution of the complaint. Zonion shall in the interest of satisfactory resolution of the Complaint, share with the User, relevant information pertaining to the Order along with Merchant details.
5.h. Service Fee. In consideration for use of the Zonion App, Zonion will charge you a service fee as specifically set forth on each applicable Addendum as well as the Letter. All fees under these Terms shall be paid in Indian Rupees and are exclusive of any taxes, including Indirect Tax and withholding tax, if applicable.
5.i. Zonion does not guarantee that you will be matched with the Delivery Partner at the time you wish to be matched. Zonion shall not be liable for any failure to match.
6.a. Marketing. Zonion will each showcase the availability of the Items via the Zonion App through various promotional activities (e.g., our respective social media channels, websites, or blogs), as mutually agreed.
6.b. Marks. Subject to the terms and conditions of this Terms, each party hereby grants to the other party (and, in the case of Zonion, to its affiliates) a limited, non-exclusive and non-transferable license during the Term to use the such party’s respective Marks (as defined below), on a royalty-free basis, for the sole purpose of performing the promotional activities as set forth in an applicable Addendum. For purposes of this Terms, the term “Marks” will mean the trademarks, service marks, trade names, copyrights, logos, slogans and other identifying symbols and indicia of the applicable party. All uses of a party’s marks by the other party will be in the form and format specified or approved by the owner of such marks. Except as expressly set forth herein, neither party will use the other party’s marks without the prior, express, written consent of the other party. All goodwill related to the use of a party’s marks by the other party shall insure to the benefit of the owner of such marks. Except as expressly set forth herein, neither party shall be deemed to grant the other party any license or rights under any intellectual property or other proprietary rights.
6.c. Publicity. Except as may be expressly set forth in this Terms or an applicable Addendum, neither party may issue a press release or otherwise refer to the other party in any manner with respect to this Terms or otherwise, without the prior written consent of such other party.
6.d. Privacy. “Personal Data” means any information obtained in connection
with this Terms (a) relating to an identified or identifiable natural person; (b) that can reasonably be used to identify or authenticate an individual, including but not limited to name, contact information, precise location information, persistent identifiers; and (c) any information that may otherwise be considered “personal data” or “personal information” under the applicable law. Merchant agrees to use, disclose, store, retain or otherwise process Personal Data solely for the purpose of performing the services contemplated by this Terms. Merchant shall maintain the accuracy and integrity of any Personal Data provided by Zonion in its possession, custody or control. Merchant agrees to retain Personal Data provided to Merchant by Zonion solely by using the software and tools provided by Zonion.We each acknowledge and agree that, unless otherwise stated in a Letter/Addendum, our relationship is non-exclusive.
“Confidential Information” means any confidential, proprietary or other non-public information disclosed by one party (the “Disclosure”) to the other (the “Recipient”), whether disclosed verbally, in writing, or by inspection of tangible objects. Confidential Information will not include that information that (a) was previously known to the Recipient without an obligation of confidentiality; (b) was acquired by the Recipient without any obligation of confidentiality from a third party with the right to make such disclosure; or (c) is or becomes publicly available through no fault of the Recipient. Each Recipient agrees that it will not disclose to any third parties, or use in any way other than as necessary to perform this Terms, the Discloser’s Confidential Information. Each Recipient will ensure that Confidential Information will only be made available to those of its employees and agents who have a need to know such Confidential Information and who are be bound by written obligations of confidentiality at least as protective of the Disclosure as this Terms before such individual has access to the Discloser’s Confidential Information. Each Recipient will not, and will not authorize others to, remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of the Discloser’s Confidential Information. The foregoing prohibition on disclosure of Confidential Information will not apply to the extent the Disclosure has authorized such disclosure, nor to the extent a Recipient is required to disclose certain Confidential Information of the Disclosure as a legal obligation based on the applicable laws and regulations or order of a court, provided that the Recipient gives the Disclosure prior written notice of such obligation to disclose and reasonably assist in filing petition of objection etc. prior to making such disclosure. Upon expiration or termination of this Terms and as requested by a Disclosure, each Recipient will deliver to the Disclosure (or destroy at the Discloser’s election) any and all materials or documents containing the Discloser’s Confidential Information, together with all copies thereof in whatever form.
9.a. Each party hereby represents and warrants that: (a) it has full power and authority to enter into this Terms and perform its obligations hereunder; (b) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its origin; (c) it has not entered into, and during the Term (as defined below) will not enter into, any Terms that would prevent it from complying with or performing under this Terms (in your case, including without limitation, any exclusive Terms with any third parties for the availability of item via a technology platform); and (d) the content, media and other materials used or provided as part of this Terms shall not infringe or otherwise violate the intellectual property rights, rights of publicity or other proprietary rights of any third party.
9.b. The Merchant further represents and warrants that it will comply with all applicable laws and regulations in its performance of this Terms including, but not limited to, the Drugs and Cosmetics Act, 1940 and rules and regulations made thereunder, including any law applicable to its engagement of Delivery Partners.
9.c. The Merchant further represents and warrants that the details of the tax registrations provided by the Merchant and Indirect tax to be levied on each item to be made available for sale via the Zonion App is as per Addendum II, forming an integral part of this Terms. The Merchant further confirms and declares that the information provided in Addendum II and the copies of tax registrations, are true and correct, and assumes responsibility to intimate Zonion in case of any change in the provided information. The Merchant undertakes that all Indirect Tax applied on each Item and Delivery made available for sale via the Zonion App would be deposited with the Government Treasury within stipulated timelines.
9.d. EXCEPT AS SET FORTH HEREIN, EACH PARTY MAKES NO REPRESENTATIONS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS SERVICES OR PRODUCTS OR PURPOSE OF THIS TERMS.
10.a. Indemnified Claims. Each party (the “Indemnifying Party”) will indemnify, defend and hold harmless the other party, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Party”) from and against any and all claims, damages, losses and expenses (including reasonable attorney’s fees) (collectively, “Losses”) with respect to any third party claim arising out of or related to:
(a) the negligence or wilful misconduct of the Indemnifying Party and its employees or agents (in your case, excluding Zonion and Delivery Partners to the extent they are your agents pursuant to Section 3) in their performance of this Terms;
(b) any claims that the Indemnifying Party breached its representations and warranties in this Terms;
(c) any claims that the Indemnifying Party’s Marks infringe a third party’s intellectual property rights, as long as such Marks have been used in the manner approved by the Indemnifying Party; or
(d) any breach and/or non-compliance with applicable data protection laws. In addition, you will indemnify, defend and hold harmless the Zonion Indemnified Parties from and against any and all Losses with respect to any third-party claim arising out of or related to any harm resulting from your violation or alleged violation of any applicable retail or other health and safety code, rule or regulation, except to the extent such harm was directly caused by the gross negligence or wilful misconduct of Zonion or its employees, agents or Delivery Partners.
10.b. Procedure. Each Indemnified Party shall provide prompt notice to the Indemnifying Party of any potential claim subject to indemnification hereunder. The Indemnifying Party will assume the defense of the claim through counsel designated by it and reasonably acceptable to the Indemnified Party. The Indemnifying Party will not settle or compromise any claim, without written consent of the Indemnified Party, which will not be unreasonably withheld. The Indemnified Party will reasonably cooperate with the Indemnifying Party in the defense of a claim, at the Indemnifying Party’s expense.
For the purposes of this clause, “Liability” means liability in or for breach of contract, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term under this contract. Zonion does not exclude or limit Liability for any Liability that cannot be excluded by law. Subject to the preceding sentence, Zonion shall not be under any Liability for loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or of the use of money, loss of contracts, loss of anticipated savings, loss of data and/or undertaking the restoration of data, fraudulent orders, any special, indirect or consequential loss, and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of any doubt, this clause shall apply whether such damage or loss is direct, indirect, consequential or otherwise. However, Zonion will use its best endeavors to ensure that the unintentional operational errors do not occur, Zonion cannot provide any warranty or guarantee in this regard. Notwithstanding anything to the contrary herein set out, Zonion’s aggregate liability under this Agreement and respective Terms of Use shall not exceed the total value of a Disputed Order.
During the Term (as defined below) and for one (1) year thereafter, the Merchant shall maintain General Commercial Liability and, if required by law, Worker’s Compensation (or substantially equivalent) insurance. The General Commercial Liability insurance policy limits shall be the greater of (a) the limits required by applicable law or (b) the limits customarily maintained by companies in the merchant’s industry, in India. All policies shall be written by reputable insurance companies in the jurisdiction. Such insurance shall be primary and non-contributing to any insurance maintained or obtained by the other party and shall not be cancelled or materially reduced without thirty (30) days’ prior written notice to the other party. Upon Zonion’s request, the Merchant shall provide evidence of the insurance required herein. In no event shall the limits of any policy be considered as limiting the liability of a Merchant under the Terms.
Either Zonion or the Merchant Partner can terminate this contract providing 15 days’ prior written notice to the other. Zonion shall delist the Merchant Partner at the end of the 15th Day. Upon termination in accordance with the terms hereof, Merchant Partner shall only be required to service Item(s) already placed through Zonion prior to such expiry or earlier termination of these Terms, and Zonion shall be entitled to receive Service Fee for such Item(s).
No failure or delay by any Party in exercising any right, power or remedy under these Terms of Use or provided by law shall operate as a waiver thereof or affect that right, power or remedy. No waiver by any Party of any breach by any other Party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.
The Parties agree that nothing in these Terms shall be construed as creating the relationship of employer and employee, master and servant, or principal and agent, or a partnership, or a joint venture of any kind whatsoever between the Parties or between the parties and its respective contractors / employees.
These Terms of Use shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with Services, which the Parties are unable to settle within 30 days, shall be referred to arbitration by a sole arbitrator appointed mutually by both Parties. The Arbitration shall be conducted in accordance with Arbitration and Conciliation Act, 1996 or any statutory re-enactment or modification thereof for the time being in force. The venue of the arbitration shall be Siliguri, W.B and the arbitration shall be conducted in English language. Subject to the foregoing, the courts at Siliguri, W.B shall have exclusive jurisdiction.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms of Use which can be given effect without the invalid provision shall continue in full force and effect and shall in no way be impaired or invalidated.
All notices under these Terms shall be sent by registered post acknowledgment due, contemporaneous courier or email to the address mentioned below: Zonion Private Limited Dhup company more , Nivedita road , Pradhan Nagar , Siliguri , West Bengal
18. If the Merchant Partner notices any discrepancy in the weekly settlement, the Merchant Partner may raise a ticket by writing an email to support@zonion.in and the same will be mutually resolved by both parties within 15 days from the date on which the ticket was raised.
19. The failure of either party to enforce, at any time or for any period of time, the provisions hereof, or the failure of either party to exercise any option herein, shall not be construed as a waiver of such provision or option and shall in no way affect that party’s right to enforce such provisions or exercise such option.
20. Any modification or amendment to these Terms shall be effective only if in writing and signed or sealed with print name by both parties. In the event any provision of this Terms is determined to be invalid or unenforceable by the ruling of an arbitrator or court of competent jurisdiction, the remainder of this Terms and each of the remaining terms and conditions contained herein) shall remain in full force and effect.
21. Any delay in or failure by either party in performance of this Terms shall be excused if and to the extent such delay or failure is caused by occurrences beyond the control of the affected party including, but not limited to, decrees or restraints of Government, acts of God, strikes, work stoppage or other labor disturbances, war or sabotage (each being a “Force Majeure Event”). The affected party will promptly notify the other party upon becoming aware that any Force Majeure has occurred or is likely to occur and will use commercially reasonable efforts to minimize any resulting delay in or interference with the performance of its obligations under this Terms. This Terms may not be assigned, in whole or in part, by a party without the prior written consent of the other party, provided that each party may assign this Terms, upon notice to the other party, to (a) an affiliate of Zonion (for Zonion), or (b) in connection with the sale of all or substantially all of such party’s equity, business or assets. Subject to the foregoing, this Terms shall be binding upon and shall insure to the benefit of each party hereto and its respective successors and assigns. Nothing in this Terms shall be deemed to create any joint venture, joint enterprise, or agency relationship among the parties (except as specifically set forth in Section 3 above), and no party shall have the right to enter into contracts on behalf of, to legally bind, to incur debt on behalf of, or to otherwise incur any liability or obligation on behalf of, the other party hereto. Each party shall be solely responsible for its employees and contractors used in connection with these Terms. This Terms contains the full and complete understanding and Terms between the parties relating to the subject matter hereof and supersedes all prior and contemporary understandings and Terms, whether oral or written, relating such subject matter hereof. These Terms may be executed in one or more counterparts and by exchange of electronically signed counterparts transmitted by pdf format or exchange by hard-copy, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same original instrument.
Addendum
ISpecial Terms
Zonion will give you information regarding the number of Items picked up by Delivery Partners and sold by you to the Users pursuant to the Terms. The Merchant Partner shall maintain such documents to record the proof of delivery of product or performance of service. Without prejudice to the generality of the aforesaid, Merchant shall routinely and at such time intervals provide such reports and in such formats as may be specified by the Company.
2.a. Service Fee. In consideration for Zonion’s lead generation, demand prediction, payment processing and other related services provided via the Zonion App under the Terms, Zonion will charge you a service fee, agreed under the Letter and reiterated under the Addendum II (exclusive of Indirect Tax and withholding tax, if any) on Item Value, as defined under the Letter or (the “Service Fee''). This Service Fee is charged as consideration for expediting the Users’ orders via the Zonion App.
2.b. Remittance. Zonion will remit to you the total (i) Item Payment (including any Indirect Tax collected on your behalf but reduced by the Service Fee, amounts remitted to Delivery Partners under your instructions and tax deduction/ collection at source) earned by you, (ii) less any refunds given to your customers or Users (such final remitted amount being the “Item Revenue”).
2.c. Item Revenue received by Zonion from the User on behalf of the Merchant Partner will be settled into the Merchant Partner’s bank account, details of which are set forth in Addendum II. Settlement of transaction payments shall be within the time period as set forth by the guidelines of the Reserve Bank of India, where applicable. The Merchant Partner agrees to provide such documents and information necessary or as may be sought by a payment facilitator or bank to enlist the Merchant Partner as a payee of Zonion. The Merchant Partner agrees that for this purpose, information about and provided by the Merchant Partner will be shared with a payment facilitator or bank.
Delivery Partners are independent service providers, and as such, they reserve the right to refuse to accept any item for delivery in their sole discretion. Any item that you do not have permission or license to sell or deliver may not be sold to Users.]
These rules may be called the Consumer Protection (E-Commerce) Rules, 2020.
(1) No seller offering goods or services through a marketplace e-commerce entity shall adopt any unfair trade practice whether in the course of the offer on the e-commerce entity’s platform or otherwise.(2) No such seller shall falsely represent itself as a consumer and post reviews about goods or services or misrepresent the quality or the features of any goods or services.
(3) No seller offering goods or services through a marketplace e-commerce entity shall refuse to take back goods, or withdraw or discontinue services purchased or agreed to be purchased, or refuse to refund consideration, if paid, if such goods or services are defective, deficient or spurious, or if the goods or services are not of the characteristics or features as advertised or as agreed to, or if such goods or services are delivered late from the stated delivery schedule: Provided that in the case of late delivery, this sub-rule shall not be applied if such late delivery was due to force majeure.
(4) Any seller offering goods or services through a marketplace e-commerce entity shall:
(a) have a prior written contract with the respective e-commerce entity in order to undertake or solicit such sale or offer;
(b) appoint a grievance officer for consumer grievance redressal and ensure that the grievance officer acknowledges the receipt of any consumer complaint within forty-eight hours and redresses the complaint within one month from the date of receipt of the complaint;
(c) ensure that the advertisements for marketing of goods or services are consistent with the actual characteristics, access and usage conditions of such goods or services.
(d) provide to the e-commerce entity its legal name, principal geographic address of its headquarters and all branches, the name and details of its website, its e-mail address, customer care contact details such as fax, landline, and mobile numbers and where applicable, its GSTIN and PAN details.
(5) Any seller offering goods or services through a marketplace e-commerce entity shall provide the following information to the e-commerce entity to be displayed on its platform or website:
(a) all contractual information required to be disclosed by law;
(b) total price in single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable;
(c) all mandatory notices and information provided by applicable laws, and the expiry date of the good being offered for sale, where applicable; v
(d) all relevant details about the goods and services offered for sale by the seller including country of origin which are necessary for enabling the consumer to make an informed decision at the prepurchase stage;
(e) the name and contact numbers, and designation of the grievance officer for consumer grievance redressal or for reporting any other matter;
(f) name and details of importer, and guarantees related to the authenticity or genuineness of the imported products;
(g) accurate information related to terms of exchange, returns, and refund including information related to costs of return shipping in a clear and accessible manner;
(h) relevant details related to delivery and shipment of such goods or services; and
(i) any relevant guarantees or warranties applicable to such goods or services.
1. Details of Tax Registrations
3. Other Charges to be levied on each Item listed on the Zonion App
1. As a registered User, You understand that Zonion is merely a technology intermediary communicating a promotion on behalf of the Merchant and is not in any manner liable for the content hosted or otherwise the Offer extended through the Zonion App.
2. You acknowledge that the product is offered for sale or otherwise offered without any consideration, as the case may be, by the Merchant and not Zonion.
3. You agree that any product/item procured/purchased by you from the Merchant shall be for your personal consumption.
4. All commercial/contractual terms are offered by and agreed to between User and Merchant(s) alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Zonion does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
5. Zonion does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Zonion App. Zonion shall not be liable in case the product sold by the Merchant is unfit for use or faulty or rendered unfit during carriage of the same from the point of pick-up to the drop-off point.
6. Zonion does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular Merchant that You choose to deal with on the Zonion App and use Your best judgment in that behalf.
7. Zonion does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Zonion App. Zonion accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
8. Consistent with Zonion’s Privacy Policy, Zonion may share your information with third parties to manage, expedite and improve the Zonion App services provided to you or otherwise to carry out specific service requests, including any other reason(s) as covered under the Privacy Policy acknowledged by you.
9. Zonion is not responsible for any non-performance or breach of any contract entered into between Users and Merchants. Zonion shall not and is not required to mediate or resolve any dispute or disagreement between Users and Merchants.
10. At no time shall Zonion hold any right, title or interest over the products nor shall Zonion have any obligations or liabilities in respect of such contract.
11. Zonion is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
12. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Merchant that you transact with. Cancellations As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same. If you cancel your order after it has been confirmed, Zonion shall have a right to charge you cancellation fee of a minimum INR 20 upto the order value. Contact us Please contact us at support@zonion.in for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform. Grievance Officer/Nodal Officer In accordance with (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules 2020l the name and contact details of the Grievance Officer/Nodal Officer is provided below:
Mr. Indresh Bhatt
Zonion Private Limited
Reg Office: Dhup company more, Nivedita Road, Prahan Nagar, Siliguri, 734002 West Bengal, India.
Phone:7001697950
Email: support@zonion.in
Time: Monday - Friday (9:00 - 18:00)
