Terms of Service

I. Definitions

For the purposes of this Agreement, unless the context otherwise requires, the following terms shall have the meanings assigned to them below:

• “Company” or “We” or “Us” or “Our” means Rent Aggregator Pvt Ltd, a company incorporated under the laws of India, operating under the brand name “Zymo”.
• “User” or “You” or “Your” means any individual or entity who accesses, browses, or uses the Platform, whether registered or unregistered.
• “Platform” means the website zymo.app, the Zymo mobile application (available on Android and iOS), and any related digital properties operated by the Company.
• “Services” means the self-drive car rental aggregation services provided by the Company through the Platform, including but not limited to vehicle listing, booking, payment processing, customer support, and related functionalities.
• “Products” means the self-drive vehicles and related rental offerings made available on the Platform by the Company and/or its Alliance Partners.
• “Alliance Partners” or “Rental Partners” means third-party car rental service providers, fleet operators, and vehicle owners who list their vehicles on the Platform for rental by Users.
• “Booking” means a confirmed reservation of a Product made by a User through the Platform.
• “Personal Data” has the meaning ascribed to it under the Digital Personal Data Protection Act, 2023 (DPDP Act) and includes any data about an individual who is identifiable by or in relation to such data.
• “Sensitive Personal Data or Information” (SPDI) has the meaning ascribed to it under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
• “Confidential Information” means all non-public information, whether written, oral, or in electronic form, disclosed by one party to the other in connection with this Agreement or the use of the Platform.
• “Applicable Law” means all applicable statutes, enactments, acts of legislature, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any governmental authority, tribunal, or court in India, including but not limited to the Information Technology Act, 2000, the DPDP Act, 2023, and the SPDI Rules, 2011.

II. Products on Rent

Terms of Offer: This Platform offers for rent of its Products. By placing an order for Products through this Platform, you agree to the terms set forth in this Agreement. We may add or remove Products from our Platform at our own discretion.

Customer Solicitation: Unless you notify our Alliance Partners or third-party call center representatives or the Company directly, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations.

Opt Out Procedure: We provide 3 easy ways to opt out of future solicitations. (1) You may use the opt out link found in any email solicitation that you may receive. (2) You may also choose to opt out via sending your email address to hello@zymo.app. (3) You may send a written remove request to our registered office address as displayed in the Company Information section of this website.

III. Website / Mobile Application

Content; Intellectual Property; Third Party Links. In addition to making Products available, this Platform also offers information and marketing materials of Alliance Partners. This Platform also offers information, both directly and through indirect links to third-party websites and applications, about its products. The Company does not always create the information offered on this Platform; instead the information is often gathered from other sources. To the extent that the Company does create the content on this Platform, such content is protected by intellectual property laws of India and international treaties.

Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Platform is for personal, noncommercial use.

Use of Platform: The Company is not responsible for any damages resulting from use of this Platform by anyone. You will not use the Platform for illegal purposes. You agree not to use the Platform in any manner that could damage, disable, overburden, or impair any Company server, or interfere with any other party’s use and enjoyment of the Platform.

License: By using this Platform, you are granted a limited, non-exclusive, non-transferable, revocable right to use the content and materials on the Platform in accordance with this Agreement. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company.

IV. Confidentiality

4.1. Each party agrees to hold in confidence all Confidential Information received from the other party. Confidential Information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as may be required under Applicable Law or by order of a competent court or governmental authority.

4.2. The obligations of confidentiality under this clause shall not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already in the lawful possession of the receiving party prior to disclosure; (c) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information; or (d) is required to be disclosed by Applicable Law, provided that the receiving party gives prompt written notice of such requirement to the disclosing party.

4.3. The User acknowledges that the Platform, its source code, algorithms, business processes, designs, and proprietary technologies constitute Confidential Information of the Company. The User shall not reverse-engineer, decompile, disassemble, or attempt to derive the source code of any software used in connection with the Platform.

4.4. The obligations of confidentiality shall survive the termination of this Agreement and the User’s cessation of use of the Platform.

V. Data Protection and Privacy

5.1. The Company is committed to protecting User data in compliance with the Information Technology Act, 2000 (“IT Act”), the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”), and the Digital Personal Data Protection Act, 2023 (“DPDP Act”), as applicable.

5.2. The collection, storage, processing, and transfer of Personal Data and Sensitive Personal Data or Information shall be governed by our Privacy Policy, which forms an integral part of this Agreement. By using the Platform, you consent to the data practices described in our Privacy Policy.

5.3. The Company implements reasonable security practices and procedures as mandated under the SPDI Rules, 2011, including but not limited to: (a) designation of a Grievance Officer; (b) implementation of a comprehensive documented information security programme; (c) adoption of internationally recognised standards such as ISO/IEC 27001 or equivalent for protection of Sensitive Personal Data or Information.

5.4. In accordance with the DPDP Act, 2023, the Company shall: (a) process Personal Data only for lawful purposes for which the User has given consent or which are deemed legitimate under the Act; (b) ensure data accuracy and completeness; (c) provide Users with the right to access, correct, and erase their Personal Data, subject to applicable legal requirements; (d) implement appropriate technical and organisational measures to protect Personal Data against unauthorised access, loss, or damage.

5.5. The Company shall not retain Personal Data beyond the period necessary for the purpose for which it was collected, unless retention is required under Applicable Law.

5.6. The User has the right to withdraw consent for data processing at any time by contacting us at hello@zymo.app. Withdrawal of consent shall not affect the lawfulness of processing carried out prior to such withdrawal.

VI. Disclaimer of Warranties

Your use of this Platform and/or Products are at your sole risk. The Platform and Products are offered on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company makes no warranty that the Platform will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free.

VII. Limitation of Liability

The Company’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the Platform content and Products and/or for any breach of this Agreement is solely limited to the amount you paid, less applicable deductions, for Products hired on rent via the Platform. In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Platform or Products.

VIII. Indemnification

You will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with: (a) your use of the Platform and/or Products; (b) your breach of any term of this Agreement; (c) your violation of any Applicable Law; or (d) any third-party claim related to your use of the Platform.

IX. Force Majeure

9.1. Neither the Company nor the User shall be liable for any failure or delay in the performance of their respective obligations under this Agreement if such failure or delay results from circumstances beyond the reasonable control of the affected party (“Force Majeure Event”).

9.2. A Force Majeure Event includes, but is not limited to: acts of God, natural disasters (including floods, earthquakes, storms, epidemics, and pandemics), fire, war, armed conflict, terrorism, riots, civil commotion, strikes, lockouts, labour disputes, governmental actions or orders, sanctions, embargoes, changes in law or regulation, power failures, internet or telecommunications failures, cyber attacks, and any other event beyond the reasonable control of the affected party.

9.3. The affected party shall promptly notify the other party of the Force Majeure Event and shall use reasonable efforts to mitigate the effects of such event. The obligations of the affected party shall be suspended for the duration of the Force Majeure Event.

9.4. If a Force Majeure Event continues for a period exceeding sixty (60) days, either party may terminate this Agreement by providing written notice to the other party, without any liability.

X. Relationship Between the Parties

10.1. The Company operates as a technology-enabled aggregation platform that connects Users with independent Alliance Partners who provide self-drive vehicles for rent. The Company itself does not own, operate, or maintain the vehicles listed on the Platform, unless explicitly stated otherwise.

10.2. Nothing in this Agreement shall be construed as creating any relationship of employer and employee, principal and agent, partnership, joint venture, or franchise between the Company and the User, or between the Company and any Alliance Partner.

10.3. The Alliance Partners are independent third-party service providers and not employees, agents, or representatives of the Company. The Company does not exercise control over the operations, conduct, or services of the Alliance Partners beyond the terms of its agreements with them.

10.4. The Company shall not be liable for any acts, omissions, negligence, misconduct, or defaults of the Alliance Partners, including but not limited to the condition of the vehicles, delays in handover, or any loss or damage arising from the rental transaction between the User and the Alliance Partner.

10.5. Neither party has the authority to bind the other party in any manner whatsoever, and neither party shall represent or hold itself out as having the authority to do so.

XI. Governing Law and Dispute Resolution

11.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India.

11.2. In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, the parties shall first attempt to resolve the dispute amicably through good-faith negotiations for a period of thirty (30) days from the date of written notice of the dispute.

11.3. If the dispute is not resolved through amicable negotiations within the said thirty (30) day period, the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended from time to time). The arbitration shall be conducted by a sole arbitrator mutually appointed by both parties. The seat and venue of arbitration shall be Mumbai, Maharashtra, India. The language of the arbitration proceedings shall be English.

11.4. Subject to the above arbitration clause, the courts of Mumbai, Maharashtra, India shall have exclusive jurisdiction over any proceedings arising out of or in connection with this Agreement.

11.5. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

XII. Agreement to Be Bound

By using this Platform or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Platform along with the terms and conditions of the Alliance Partners. This Agreement constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior agreements, representations, and understandings.

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.