Introduction

Zoom Drivers LLP. (“Zoom Drivers”, “we”, or “us”), provides an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. Zoom Drivers is accessible online including at Zoomdrivers.com and as an application for mobile devices. The Zoom Drivers websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Zoom Drivers users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Zoom Drivers.

These Terms, together with the cancellation policy, nondiscrimination policy, applicable insurance terms and certificates, roadside assistance terms, and the additional policies (together, the “Policies”) constitute the “Agreement” between you and Zoom Drivers(each a “Party” and together, “the Parties”).

Modification. Zoom Drivers reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Zoom Drivers Account within 30 days. If you choose to close your Zoom Drivers Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.

1. Eligibility Registration Verification

1. Eligibility

The Services are intended solely for guests who meet our age requirements in the location where the vehicle is booked and hosts who are 25 or older. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.

2. Registration

To access certain features of the Services, you must sign up for an account with us (a “Zoom Drivers Account”). You can create a Zoom Drivers Account by providing us your first and last name, email address, and creating a password or connecting through an account with a third-party site or service (including Apple, Facebook, and Google). When you book a vehicle as a traveler or guest (“guest”), you provide us with certain additional information about yourself. Similarly, when you list a vehicle as a vehicle owner or host (“host”), you provide us with certain additional information about yourself and your vehicle(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your Zoom Drivers Account up to date at all times. Based on information you provide, Zoom Drivers may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements). To fight spam and abuse of the Services, Zoom Drivers has implemented reCAPTCHA Enterprise, and your use of reCAPTCHA is subject to a separate Privacy Policy and Terms of Use.

Verification

Where permitted, Zoom Drivers has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. Zoom Drivers does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. Zoom Drivers may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Zoom Drivers to request, receive, use, and store such information. Zoom Drivers may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. Zoom Drivers may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.

Consumer Report Authorization. When you attempt to book or list a vehicle, or at any time after where Zoom Drivers reasonably believes there may be an increased level of risk associated with your Zoom Drivers Account, you hereby provide Zoom Drivers with written instructions and authorize Zoom Drivers, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.

Fees Taxes

1. Fees

The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. Hosts can view earnings on the Host Hub and learn more about earnings breakdown here. When you provide Zoom Drivers a payment method, you authorize Zoom Drivers, or third-party service providers acting on behalf of Zoom Drivers, to store your payment credential for future use in the event you owe Zoom Drivers any money. You authorize Zoom Drivers to use stored payment credentials for balances, including for Trip costs, host fees, and guest fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances. Any use of referral travel credit is governed by the terms and conditions outlined here.

2. Collection of Fees

Zoom Drivers and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Zoom Drivers, or the collection agencies we retain, may also report information about your Zoom Drivers Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your Zoom Drivers Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Zoom Drivers Account, you must contact the collection agency directly.

3. Taxes

In certain jurisdictions, Zoom Drivers may enable the collection and remittance of certain taxes from or on behalf of guests or hosts (including, if applicable, Co-hosts), based on existing and future tax regulations, including marketplace facilitator or car sharing regulations. The amount of taxes, if any, collected and remitted by Zoom Drivers will be visible to, and separately stated, to both guests and hosts (including, if applicable Co-hosts) on their respective trip related documents and invoices. Where Zoom Drivers is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their vehicle sharing in that jurisdiction.

Your commitments

You agree that you will always use your Zoom Drivers Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Zoom Drivers.

Account Activity. You are, and will be solely responsible for, all of the activity that occurs through your Zoom Drivers Account. Keep your Zoom Drivers Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Zoom Drivers Account, whether or not you have authorized such activities or actions. You will immediately notify Zoom Drivers of any actual or suspected unauthorized use of your Zoom Drivers Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Zoom Drivers Account unless you have reported unauthorized access to us.

Content

Zoom Drivers Content and User Content License. Subject to your compliance with the provisions of these Terms, Zoom Drivers grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Zoom Drivers and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Zoom Drivers or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through Zoom Drivers promotional campaigns, you grant Zoom Drivers a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to Zoom Drivers photography provided to hosts, Zoom Drivers does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Copyright Protection. We respond to notices of alleged copyright infringement and terminate Zoom Drivers Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.

Prohibited activities

1. Smoking, pan chewing, ganja, marijuana, opium or any kind of drug consumption, consumption of alcohol including driving under the influence of any drug/alcohol is strictly prohibited.

2. Drug trafficking, illegal activities such as human trafficking, pornography viewing/shooting or any illegal goods transportations, banned materials or any chemicals are strictly prohibited.

3. Cattle, animal, bird trafficking or any raw fish/meat carrying or catering the food in large quantiles in passengers vehicles are strictly prohibited.

4. Pets are not allowed in the any vehicles.

5. Using the vehicles for advertisements or for movie shooting is strictly prohibited unless you take the written permission from Zoom Drivers LLP.

6. Using the vehicles for any political or religious events, campaigns or rallies are strictly prohibited unless you take the written permission from Zoom Drivers LLP.

7. Use of the vehicles for terrorists activities are strictly prohibited.

8. Use of vehicle for the religious events such as Holy, Diwali that might the damages the vehicles are prohibited

9. Off road use of vehicles, or use in sand, salt water, water sports, rallies, overloading etc. are strictly prohibited

10. Keeping the vehicles under rain, sunlight or during any harsh weather conditions for a prolonged period is not allowed

11. Subleasing the vehicles to another party or for any event or using them as taxi service are strictly prohibited

12. Use of passenger vehicles to carry the heavy goods, metals, sand, stones, towing, moving etc. are strictly prohibited.

13. You are not allowed to change any inferiors/exteriors of the vehicle including decoration for wedding unless you get written permission from Zoom Drivers LLP.

14. You are responsible for the daily cleaning and maintenance of the vehicle including reporting any un maintained vehicles

15. Using the vehicles for smuggling, or to carry the goods for which taxes, GST/CST are not paid are not allowed.

16. You are responsible to pay the state taxes, tolls wherever it is applicable. If there is any toll or taxes due, you have to inform us and pay the dues while handing over the vehicle.

17. Only the person who rented the car is allowed to drive. You need to inform Zoom Drivers LLP if there is any additional drivers

18. Do not use the rented vehicles to draw the power to heavy loads or to power the house.

19. You are responsible to fill the fuel while retiring the car at the same level while renting the car. If you fail to do so, 2X fuel charges will be levied.

20. In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

21. Violate any law, including:
    Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
    Post false, inaccurate, misleading, defamatory, or libelous content
    Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Zoom Drivers, or that comes from the Services and belongs to another Zoom Drivers user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Zoom Drivers

22. Dilute, tarnish, or otherwise harm the Zoom Drivers brand in any way, including:
    Through unauthorized use of the Services and/or user content
    Registering and/or using “Zoom Drivers” or derivative terms in domain names, trade names, trademarks, or otherwise
    Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Zoom Drivers domains, trademarks, taglines, promotional campaigns, or Zoom Drivers and/or user content
    Provide or submit any false or misleading information, including:
    False name, date of birth, driver’s license details, payment method, insurance, or other personal information
    In relation to a claim (for example about damage to a vehicle)
    By registering for a Zoom Drivers Account on behalf of an individual other than yourself or the company you represent
    Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

23. Fail to honor your commitments, including:
    Fail to pay fees, penalties, or other amounts owed to Zoom Drivers or another user
    Fail, as either a guest or host, to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason
    Use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by Zoom Drivers (aka, gray market transactions, which do not necessarily require the exchange of money)
    Transfer your Zoom Drivers Account and/or user ID to another party without our consent
    Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by Zoom Drivers in certain limited circumstances

24. Harm or threaten to harm users of our community, including:
    Harass, stalk, or defame any other Zoom Drivers user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or guest in accordance with these Terms
    Engage in physically or verbally abusive or threatening conduct
    Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
    Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the Zoom Drivers community
    Sue or assert legal claims against Zoom Drivers or a Zoom Drivers user in any manner prohibited or waived by these Terms

25. strong>Use the Services for your own unrelated purposes, including to:
    Contact another Zoom Drivers user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user
    Commercialize any content found on the Services or software associated with the Services, including reviews
    Harvest or otherwise collect information about users without their and our consent
    Recruit or otherwise solicit any user to join third-party services or websites that are competitive to Zoom Drivers, without our prior written approval

26. Interfere with the operation of the Services, including by:
    Interfering with any other user’s listings
    Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
    Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm Zoom Drivers or the interests or property of others
    Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
    Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
    Using, displaying, mirroring, or framing the Services or any individual element within the Services, the Zoom Drivers name, any Zoom Drivers trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of Zoom Drivers
    Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
    Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
    Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Zoom Drivers or any of our service providers or any other third party (including another user) to protect the Services
    Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
    Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
    Endeavoring to circumvent a suspension, termination, or closure of your Zoom Drivers Account or the account of another Zoom Drivers user, including, but not limited to, creating a new Zoom Drivers Account or listing vehicles affiliated with or registered to a Zoom Drivers Account holder that has been suspended, terminated, or closed