For the purposes of these Terms:
The terms ‘ZZW’ or ‘us’ or ‘we’ or ‘our’ refer to the owners of this Website. The terms ‘you’ or ‘user’ or ‘buyer’ shall, depending on the context, refer to the visitors to and the users of our Website.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, AS MODIFIED FROM TIME TO TIME. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.
ZZW provides its users with the ability to research, compare and in some cases book the purchase of new bikes and cars (“Vehicles”) offered by various third parties in the automotive industry (“Dealers”) by payment of a specific reservation amount through the Website (“Services”). Services can also include the provision to schedule and reserve test drives for Vehicles and to avail of certain other services offered by automotive manufacturers. Vehicles can be booked through the Website through various methods of payments offered.
The information sought at the time of registration may include your name, age, email address, place of residence and phone number, information about your existing vehicles and certain information indicating your automotive and vehicular preferences and your account name on social networking Websites (such as Facebook or twitter). Please ensure that the details and information you provide us are accurate and complete and inform ZZW immediately of any changes to the information that you provided when registering. You shall be solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account on the Website. You agree to accept responsibility for all activities that occur under your account. You should take all necessary steps to ensure that the password to your account is kept confidential and secure and should inform us immediately if you have any reason to believe that your account has been compromised, or if the account is being, or is likely to be, used in an unauthorized or illegal manner. ZZW reserves the right to refuse access to the Website, terminate accounts, remove or edit content at any time without notice to you.
Information submitted through all forms on the Website is stored in a database. ZZW and the Dealers may communicate with you by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication in relation to any orders or bookings placed on the Website. You irrevocably consent to receive such communications including SMSes, e-mails or phone calls from us with respect to your bookings and orders on the Website.
In addition the information you provide may be used to provide (with your consent) certain free services from ZZW, including but not limited to periodic newsletters, updates, Vehicle listings and news. We also use such information to send out occasional promotional materials, including alerts on new Services available. We guarantee that personal information about users will not be provided to any third party without their consent.
This Website is controlled and operated by ZZW. All materials, including illustrations, statements, opinions, views, photographs, Vehicles, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software (collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights that are owned and controlled by us or by other parties, including Dealers that have licensed their material to us. Except where otherwise agreed in writing with ZZW in writing, material on the Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of ZZW, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
You also agree to allow ZZW to post or provide a link to any User Content that you have posted or provided in your social networking page, including your twitter page, on the Website.
The Website, Content and User Content, despite best efforts of ZZW, may contain inaccuracies or typographical errors. ZZW makes no representations about the accuracy, reliability, completeness, or timelines of the Website, the Content or User Content. The use of the Website, Content and User Content is at your own risk. Changes are periodically made to the Website and may be made at any time.
This Website may contain Content provided by third parties, including Dealers and manufacturers of Vehicles. Such Content is solely those of the authors/contributors/posters and not endorsed in any manner by ZZW. ZZW shall not be responsible for or liable in any manner whatsoever for the Content provided by such authors/contributors/posters in any section of this Website. Further, the accuracy of the Content has not been verified by ZZW and we provide no warranties of the same. If you seek to rely on any representation of information contained on this Website, any such reliance shall be at your own risk.
You agree and acknowledge shall not use the Website in any way that causes, or is likely to cause, the Website, the Services or access to the Website and the Services to be interrupted, damaged or impaired in any manner whatsoever. You understand that you are solely responsible and liable for any electronic communications and content sent from your computer or other internet enabled devices to us and you shall use the Website for lawful purposes only. In particular, you represent and warrant that you will not use the Website for fraudulent purposes, or in connection with a criminal offense or other unlawful activity and you will not send use or reuse any Content or User Content or any material that:
The Website, all the materials and services, included on or otherwise made available to you through this Website is provided by ZZW “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, ZZW does not warrant that:
ZZW, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. ZZW makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics and links on the Website.
ZZW further expressly disclaims any warranties or representations (express or implied) in respect of the quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Vehicles listed or displayed or transacted on the Website. In addition, ZZW does not implicitly or explicitly support or endorse the sale of any Vehicles on the Website. At no time shall any right, title or interest in the Vehicles sold through or displayed on the Website vest with ZZW nor shall ZZW have any obligations or liabilities in respect of any transactions on the Website.
You acknowledge, agree and undertake that you are availing of the Services on the Website and transacting at your own personal risk and are using your own best and prudent judgment before entering into any transactions relating to the Services or the Vehicles on the Website. ZZW shall not be liable or responsible for any actions or inactions of Dealers or any breach of conditions, representations or warranties by the Dealers or manufacturers of the Vehicles and hereby expressly disclaim and any all responsibility and liability in that regard. ZZW shall not be responsible for mediating or resolving any dispute or disagreement between you and the Dealers or manufacturers of the Vehicles or any third party service providers.
ZZW does not warrant that this Website; information, content, materials, or Services included on or otherwise made available to you through this Website; their servers; or electronic communication sent from by ZZW are free of viruses or other harmful components.
Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
The information presented on this Website has been compiled by ZZW from various sources including from external sources, such as Dealers or third party service providers. No representation is made or warranty given as to the completeness or accuracy of such information. This Website may contain typographical errors, incomplete or out of date information. ZZW reserves the right to make changes to the Content, User Content and information on this Website, or to the services described therein, or update such information at any time without notice, but ZZW makes no commitment to corrector update this information.
You hereby indemnify, defend and hold harmless ZZW and all of ZZW’s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of your breach of these Terms, any document incorporated by reference or the foregoing representations, warranties and covenants or your violation of any law, rules, regulations or the rights of a third party. You shall cooperate as fully as reasonably required in the defense of any such claim. ZZW reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
You hereby expressly release ZZW and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Dealers, manufacturers of the Vehicles, third party vendors and service providers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
ZZW will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and ZZW when you commenced using the Website.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
In good faith, if you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without any authorization on this Website, in a manner that constitutes an infringement of your copyright under Indian law, please compile the following information and email to: firstname.lastname@example.org.
Please read this Vehicle Booking, Cancellation and Delivery Policy (“Policy”) carefully before booking any Vehicle on the Website.
For the purposes of this Policy:
The final Advance payable for each Vehicle shall depend on the value of the Vehicle being booked. You may modify the configuration of the Vehicle booked once you complete a Vehicle Booking provided that in the event that the invoice price of the new configuration is of a higher value than the original configuration of the Vehicle, ZZW will be entitled to, at its sole and absolute discretion, increase the Advance and require a reconfirmation of the Vehicle Booking by payment of the difference between the original Advance and the revised Advance.
When you complete a Vehicle Booking through the payment of the Advance, you will receive an e-mail confirming receipt of your Advance and containing the details of your Vehicle Booking. On your request, ZZW may forward a copy of the invoice for the vehicle received from the Dealer, which shall reflect the Advance paid for the Vehicle. All commercial terms with respect to the purchase of the Vehicle are on a principal-to-principal basis between you and the Dealer and ZZW’s payment facility is merely used by you and the Dealer to facilitate the booking of the Vehicle. It is expressly clarified that the use of ZZW’s payment facility shall not render ZZW liable or responsible for the non-delivery, non-completion, non-payment, damage, breach of representations and warranties or fraud as regards the Vehicles listed on the Website.
ZZW currently accepts Visa, MasterCard, American Express, select Debit Cards and Net Banking as valid methods of payment on the Website for any Vehicle Bookings. Other payment methods may be added from time to time. It is clarified that all valid payments on the website shall be processed using a payment gateway or any other appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between you and your respective issuing bank and/or your payment instrument issuing company. While availing any of the payment method/s available on the Website, ZZW will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you.
In the event that you choose to cancel the Vehicle Booking before completing the purchase transaction with the Dealer, you will be entitled to a full refund of the Advance paid by you with respect to such Vehicle Booking and the refund will be effected by ZZW to you within fifteen (15) days from the date on which ZZW receives the acknowledgement of cancellation of the Vehicle Booking from the Dealer.
In the event that you inadvertently make a double or excess payment of the Advance in relation to a single Vehicle Booking, the excess amount shall be refunded to you in full through the same method used by you at the time of payment within fifteen (15) days of such excess payment being brought to the notice of ZZW, provided that ZZW determines that it constitutes an erroneous or excess payment.
Any delivery timelines specified on the Website are indicative and should not be relied upon as definitive or guaranteed. The delivery timelines for Vehicle Bookings shall be as determined by the relevant Dealer. In the event that the configuration of the Vehicle chosen by you is unavailable or is expected to be delayed, you will be informed by e-mail from ZZW or its representatives.
Please note that the timelines for Vehicle delivery and the exact delivery date depends on the inventory available with the Dealer and your ability to effect the full and final payment of the balance of invoice price of the Vehicle.
In the event that you choose have the purchased Vehicle delivered at the Dealer’s business premises you will personally take delivery of such Vehicle or arrange for an authored representative to collect the Vehicle on your behalf from the Dealer.
In the event that you choose to have the vehicle delivered at your doorstep or at a location other than the Dealer’s business premises, ZZW shall, in return for a fixed fee, which shall be intimated to you prior to the time of delivery, engage appropriate transport and deliver the Vehicle to the address specified by you at the time of purchase from the Dealer.
ZZW shall not, under any circumstances, be responsible for any damages to the Vehicle or delays in delivery caused due to unavoidable circumstances and events beyond ZZW’s control and ZZW hereby expressly disclaims any and all liability in this regard.