Zibomo Sprint Safe registered and having its registered office at 5-A/2, IDA, Nacharam, Telangana, 500076, and Head office at Plot# 54, 2-119/54/1F, Road#10, Panchavati Colony, Manikonda, Hyderabad- 500089, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).
The Company ensures steady commitment to your usage of the Platform and privacy with regard to the protection of your invaluable information. This document contains information about the Zibomo Terminal Application hereinafter referred to as the “Platform”.
For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
The platform provides the following Services to its User:
i. Registration of Users:
The Users may register themselves on the platform by providing the following details on the platform:
Additionally, the Users may also be required to provide a delivery address or drop address for fulfilling the promised services. Providing the above-mentioned details is mandatory. However, the Company may employ third Parties as Payment Gateway who may require banking details of the User to make payments on the Platform.
For Users, the Platform will be available to them based on Service fee mutually agreed between the Company and the Owner of the Smart Locker facility. The Owner of the Smart Locker facility shall be the legal person who requested the Company to install the Smart Locker facility in the stipulated place. These owners may be any private legal entity or a governmental body. The User can access the App free of cost. However, to use the Services such as access the smart locker, the User has to pay a subscription fees based on the Master Service Agreement between the Company and the Owner who maintains the facility.
For making all payments for services on the Platform, you shall be required to make payment through third-party platforms such as Razorpay, Phonepe or other third parties that we may have an agreement with. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.
The Users undertake to indemnify the Platform and keep it indemnified against all proceedings, claims, expenses, and liabilities whatsoever which may be taken or made against or incurred by the Platform or by reasons of the premises for any comments, feedback or any other form of content created by them, which has been published by the Company on the Platform.
These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platform. A User, may terminate their use of the Services and the Platform at any time by either deleting their account with the platform or by unsubscribing to the services, as the case may be. Non-payment of subscription by the Users shall also be construed as Termination of services.
The Company may terminate these Terms without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
Such suspension or termination shall not limit the Company’s right to take any other action against the User that the Company considers appropriate.
It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
The Company and its members reserve the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
a. By using this Platform, and providing their identity and contact information to the Company through the Platform, the User and the Vendor hereby agrees and consents to receive calls, e-mails, SMS or any other modes of communication from the Company or any of its representatives at any time.
b. Users can report to the Company any grievances or suggestions that they have through e-mail, if they find any discrepancy with regard to the information generated on the Platform, the Company will take necessary action after an investigation. The response with resolution (if any issues are found) shall be dependent on the time that is taken for investigation.
The User and Vendor agrees and acknowledges that they are a restricted user of this Platform and that they:
Further:
The Company may, from time to time, offer access to services that are classified as Beta versions. Access to and use of Beta versions may be subject to additional agreements. The company makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided as is, may contain bugs, errors, or other defects, and Your use of a Beta version is at Your sole risk.
From time to time, Company may need to perform maintenance on or upgrade the Software, Products or Company Websites or the underlying infrastructure that enables you to use the Platform. This may require Company to temporarily suspend or limit your use of some or all of the Platform until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, Company will publish the time and date of such suspension or limitation on the Company Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of Platform.
a. Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s Content which includes but is not limited to trade names, trademarks, service marks, logos, domain names, information, design, reports, illustrations, photographs, write-ups, Analytics, Profiles, Tools, Bots, and other distinctive brand features according to the provisions of these Terms.
Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to a cause beyond its control or without its fault or negligence, due to Force Majeure events illegal or unauthorized, including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy and cheating.
i. You understand and agree that the services are provided "as is" and the company, its affiliates, suppliers, and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. The Company, its affiliates, suppliers and resellers make no warranty or representation regarding the results that may be obtained from the use of the services, regarding the quality, punctuality, service costs, etc., obtained through the services or that the services will meet any user's requirements, or be uninterrupted, timely, secure or error free. Use of the services is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the services is at your own discretion and risk. You will be solely responsible for any damage to you resulting from the use of the services. The entire risk arising out of use or performance of the services remains with you. The company does not assume any responsibility for retention of any user information or communications between users. The company cannot guarantee and does not promise any specific results from use of the services. Use is at your own risk. For the purpose of this clause, Services shall include services provided by the Company/Platform and the Vendor. The Company or its affiliates cannot be held liable for any mishap, damages, dissatisfied quality of service by the Vendor.
ii. You understand and agree that you cannot hold the Company liable for theft or loss of package after the door is opened through valid authentication by the User at the Smart Locker Facility. The Company shall be liable for any damage and loss of the package occurred during the period the door is locked by the drop – in person and the door is opened by the Pick up person. Any damage or loss incurred outside this window shall be the User’s responsibility or any other Third Party involved in the transaction.
a. It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
i. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
ii. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Hyderabad, Telangana, India. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
a. Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to support@zibomo.in.
a. Entire Agreement: These Terms, read with the Policies, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as furtherance or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at +91 7013365348.