ZENO ELECTRIC VEHICLE BOOKING TERMS

ZENO MOTO INDIA PRIVATE LIMITED, a company, incorporated and existing under the Companies Act, 2013, having corporate identification number (CIN) U30911KA2024FTC185896 and its registered address at No 28 18th cross 9th Main, 7th sector HSR Layout, HSR Layout, Bangalore, Karnataka – 560102 (hereinafter referred to as “Zeno” or “We” or “Our” or “Us”) offers booking of the Zeno branded electric two-wheeled vehicles (“Vehicle”) to customers in India (hereinafter referred to as “Customer” or “You” or “Your”) either by itself or through its authorized retail partners (“Retail Partner”), subject to these Zeno Electric Vehicles Booking Terms (“ Booking Terms”).

Please read and understand these Booking Terms carefully. In the event these Booking Terms are not acceptable to You, or You are a person who is not competent under the applicable laws to enter into these Booking Terms, please do not proceed with the Booking. Subject to these Booking Terms, impliedly or expressly accepting these Booking  Terms, You also accept and agree to be bound by applicable policies published by Zeno on its website (from time to time).

 

1. Booking
1. By placing this Booking, You express an interest to purchase the Vehicle and pay the applicable amount (“Booking Amount”), towards placing such Booking.
2. The Booking Amount does not include taxes but constitutes the intent to purchase the Vehicle, as per the Purchase Terms
3. Once the Booking is confirmed by Us, You will receive a confirmation message at your provided contact information with the relevant booking details.
4. This Booking Terms will be effective upon your payment of the Booking Amount.
5. You understand that the manufacture of the Vehicle is contingent upon several factors, including but not limited to the availability of parts, type approval of the Vehicle, and registration of the Vehicle, and therefore the delivery time is indicative and not binding on Us. Booking a Vehicle does not guarantee that the Vehicle will be made available to You, nor does it constitute a sale or an offer to sell.
6. You acknowledge that the Vehicle is not yet homologated or certified for road use in India, and that this Booking does not guarantee the vehicle will receive such approvals
7. In case of a refund, convenience charges levied (if any) at the time of booking/pre-order shall be forfeited.
8. In case payment is made via credit/debit card, it is recommended that You make necessary enquiry about the charges or fees payable against the credit/debit card used from the respective bank. The credit card/debit card information supplied at the time of making the payment is processed by the payment gateway of the service provider and is not supplied to Zeno or its Retail Partner. It is Your sole responsibility to ensure that the information entered in the relevant fields is correct. It is recommended that You take and retain a copy of the transaction for record-keeping purposes, which might assist in the resolution of any disputes that may arise out of such payment.
9. You agree, understand, and confirm that Your personal data, including without limitation, details relating to debit card/credit card/net banking transmitted over the internet may be susceptible to misuse, hacking, theft, and/or fraud, and that Zeno or its Retail Partner or the payment service provider(s) have no control over such matters.
10. The payment towards the Booking shall be made through the payment gateway service provider through a secure website. However, neither the payment gateway service provider nor Zeno and its Retail Partner gives any assurance that the information so provided online by You is secured or may be read or intercepted by any third party. Zeno and its Retail Partner do not accept or assume any liability in the event of such unauthorized interception, hacking, or other unauthorized access to information provided by You in the process of making the Booking Amount payment.
2. Vehicle Reservation
1. The Booking Amount which shall be payable by You towards the Booking, is fully refundable and shall be treated as a non-interest-bearing security deposit amount which shall be set off against the full payment of the vehicle’s total and Final Price (“Final Price”) to be made by You at the time of purchase of the Vehicle. The Parties hereby acknowledge that the Final price of the Vehicle is dependent on several factors and is subject to change from time to time. The Final Price as quoted shall be exclusive of Government levies and/or taxes as applicable, Vehicle ownership transfer charges, and insurance (if applicable).
2. Zeno or its Retail Partner shall intimate You when the Vehicle is ready for delivery by raising a demand of the balance amount of the Vehicle in the form of an intimation email to You (“Intimation”). You shall be required to pay the balance amount of the Final Price as per the timeline (“Timeline”) as communicated by Zeno in such Intimation. In case of failure on Your part to complete the payment within such Timeline, Zeno or its Retail Partner reserves the right to sell the booked Vehicle to any other customer and refund you the Booking Fee paid.
3. Notwithstanding anything contained in these Booking Terms, it is hereby clarified that the Final Price of the Vehicle shall be the price applicable on the date of Intimation and not the price that is prevailing at the time of acceptance of these Booking Terms.
4. You acknowledge that the price of the Vehicle and any optional accessories may not be available at the time of Your booking and, if pricing is available, it is subject to change without prior notice until agreed upon in a duly executed purchase agreement when the Vehicle is ready for delivery.
3. Delivery Schedule
1. Zeno or our Retail Partner may communicate the estimated delivery period ‘estimated delivery period’ for the Vehicle and shall make all commercially reasonable efforts to deliver the Vehicle within the estimated delivery period as provided for on Zeno’s website, smart phone application or as communicated by Zeno or its Retail Partner at the time of accepting these  Booking Terms.
2. Any change or delay in the estimated delivery period shall be notified to You by Us or our Retail Partner, as the case may be.
3. We or Retail Partner will not be liable for any claims, damages, losses, costs or expenses incurred by You due to delay in delivery of the Vehicle for any reason whatsoever.

 

1. Parties hereby agree that time is not of the essence in these Booking Terms. If You are unable to take delivery within the delivery  period or unable to pay the Final Price within the timeline together with the completion formalities,   , Your booked Vehicle may be made available for sale to other customers. The Vehicle shall be delivered to You only upon completion of the formalities and the full payment of the Final Price of the Vehicle.     

 

4.Cancellation/Refund

You may cancel the Booking within one year (365 days) from the date of booking, subject to the condition that a Final Invoice is not raised by Us. We or our Retail Partner reserve the right to unilaterally cancel Your Booking at any time without prior notice. For the sake of clarity, We or Retail Partner may  decline or cancel Your Booking for reasons, including but not limited to, the following:

1. We or our Retail Partner decide not to sell the Vehicle in Your city/location; or
2. We or our Retail Partner discontinue the Vehicle feature or option after the time You place Your Booking; or
3. We or our Retail Partner believe that the Booking has been made with a view toward resale of the Vehicle, for use as part of any business activity or commercial undertaking, or that has otherwise been made in bad faith; or
4. If you do not purchase the Vehicle, fail to take delivery within the delivery period, fail to sign the Purchase Terms or any other necessary Agreement for the sale, or fail to pay the Final Price within the intimated timeline.

Zeno or its Retail Partner will process refund of the Booking amount paid by You within fifteen (15) working days from:

1. the date of receipt of request for cancellation (if canceled by You) or,
2. the date of notification of cancellation sent (if canceled by Zeno or Retail Partner), unless otherwise communicated.

 

In case of a cancellation of the Booking by You or by Zeno or its Retail Partner on grounds of a breach of these Booking Terms by You, the Booking Amount shall be forfeited and Zeno or its Retail Partner shall not be liable for a refund.

In the event of a refund, Zeno or its Retail Partner shall deduct any costs incurred for processing the cancellation and refund, including but not limited to administrative and transaction fees.

Please note that the actual credit of the refund amount to Your account may be subject to processing timelines of the Payment Service Provider and/or Your bank, over which Zeno or its Retail Partner has no control.

 

5. Assignment or Transfer

The Booking is for the sale of Vehicle only to You and You shall not transfer or assign any rights associated or granted to You under these Booking Terms to any third party. Zeno and its Retail Partner shall have a right to assign any or all of its rights and obligations under these Booking Terms to any of its affiliated entities without obtaining Your prior consent.

6. Inspection

Post Booking, Zeno or its Retail Partner or its authorized representatives may conduct an inspection at the location provided by You, for installation of the Vehicle charging equipment if specifically requested by You. The installation of the Vehicle charging equipment may entail additional costs to You, as may be determined by Zeno or its Retail Partner and informed to You, during such inspection or at the time of installation. You shall be responsible to procure all permissions, permits and/or any other requirements under applicable law, including requirements under apartment association bylaws, housing society rules etc., for the installation of the Vehicle charging equipment at such location.

Zeno or its Retail Partner shall not be liable for any inability to install the charging equipment due to Your failure to obtain necessary permissions or provide access to the installation site.

7. Collection of Information

Zeno or its Retail Partner may require certain information and documents from You for processing Your Booking, complying with statutory requirements, and/or conducting a site inspection for installation of the Vehicle charging equipment. You represent and warrant that all such information and documents will be true, complete and accurate. You will promptly notify Us or our Retail Partner of any change in the information provided by You to allow Us or our Retail Partner to update Our or Retail Partner records. All collection, storage, use and disclosure of any information provided by You and/or shared by a third party will be in accordance with Our Privacy Policy available on our website and mobile application. Zeno’s Privacy Policy is incorporated by reference and will be a part of these Booking Terms in the form published on its website or notified otherwise to You.

8. Purchase Terms

These Booking Terms are only applicable to Booking of the Vehicle. You acknowledge that purchase of the Vehicle will be subject to such additional terms and conditions as may be provided by Zeno (collectively, “Purchase Terms”). You shall be required to agree to such Purchase Terms prior to making full payment of the Vehicle.

9. Limitation of Liability

In the event of failure of delivery as per the Delivery Schedule communicated to You, the maximum liability (in any form and manner) for Zeno or its Retail Partner shall be limited to the refund of Booking Amount as per the these Booking Terms. Zeno or its Retail Partner will not be liable for any indirect, special, incidental or consequential damages arising out of or in connection with these Booking Terms. Your sole and exclusive remedy and Our or Retail Partner’s aggregate and cumulative liability for any breach , contract , tort or otherwise, under these Booking Terms will be limited to a refund of the Booking Amount only.

Zeno or its Retail Partner shall not be liable for any loss of opportunity, business, goodwill, or reputation arising out of or in connection with these Booking Terms.

10. Disclaimer

You shall ensure the compliance of all applicable laws including the applicable provisions of the Information Technology Act, 2000, and its allied rules as amended from time to time.

All personal data accumulated will be acquired, processed and used according to the applicable regulations governing the protection of personal data for the sole purpose of managing and maintaining Zeno’s own legitimate business interests.

The use of this website / service is entirely at Your own risk, and in no event will Zeno be liable for any damages, including without limitation direct or indirect, special, incidental, punitive, exemplary or consequential damages, losses or expenses arising in connection with the website / service or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, etc. even if Zeno or its authorized representative has been advised of the possibility of such damages. To the fullest extent permitted by law, Zeno:

1. excludes all representations and warranties relating to this website / services and its content or which is or may be provided by any other third party, including in relation to any inaccuracies or omissions in the website / services; and
2. excludes all liability for damages arising out of or in connection with the disclosure of the information and/or Your use of the website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or You have advised Us of the possibility of such potential loss), damage caused to You in any manner whatsoever including but not limited to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The Vehicle will in all material aspects be reasonably similar to the Vehicle presented or advertised in marketing or promotional campaigns. We make no representation or warranty of any kind, express or implied, in connection with this Agreement or its subject matter. You hereby disclaim any and all representations and warranties as maybe available to You under applicable law or otherwise, including but not limited to, any implied warranties of merchantability and/or fitness for a particular purpose, quality, course of dealings, usage of trade, accuracy, quiet enjoyment or non- infringement, all of which are expressly disclaimed. However, in view of Our endeavors to continuously innovate and improve Our products, Zeno reserves the right to modify or alter the specifications, features and/or design of the Vehicle without prior notice and without any liability.

11. Miscellaneous

You hereby agree to receive communication, including but not limited to email communication/newsletters (promotional and marketing emails), WhatsApp messages, mobile SMS, call etc. from Zeno or its Retail Partner from time to time. You further expressly waive Do Not Call (DNC)/ Do Not Disturb (DND) registrations on Your phone/mobile numbers for contacting You and for such promotional/marketing purposes. Zeno or its Retail Partner will not be liable for any failure or delay in performing any of the obligations under these Booking  Terms, in whole or in part, or for any losses incurred or suffered by the other Party by reason of such failure or delay, if and so far as such failure or delay is directly attributable to a Force Majeure Event. For the purpose of this clause, a force majeure event includes civil commotion, sabotage, lockout, strikes or labour disturbances, fire, flood, earthquakes, any other acts of God, explosion, break out of communicable disease, epidemic, pandemic, war, acts of public enemies, quarantine restrictions, any action of the Governmental Authority including regulatory changes or absence of usual means of communication or transportation, supply chain interruptions or any other cause whether of the same or of a different nature, unavoidable or beyond the control of Zeno or its Retail Partner (each a “Force Majeure Event”).

Prior agreements, oral statements, negotiations, communications or representations about the Vehicle are superseded by these Booking Terms. Terms relating to the Booking not expressly contained herein are not binding.

Severability: In the event any provision of these Booking Terms is held invalid or unenforceable, the legality and enforceability of the remaining provisions will not be affected or impaired thereby. Notwithstanding the foregoing, the Parties shall thereafter negotiate in good faith to agree upon a mutually satisfactory provision to be substituted for the provision so found to be void, illegal or unenforceable.

Governing Laws: These Booking Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising from these Booking Terms shall be resolved through a competent court in Bengaluru.

Nothing in these Booking Terms shall be construed as establishing or implying any partnership or joint venture arrangement between the Parties, nor shall it be deemed to constitute either of the Parties as the agent of the other Party and no employment or any other relationship shall be construed or created bet een the Parties.

Except as expressly provided herein, the rights, powers and remedies provided in these Booking Terms are cumulative and not exclusive of any rights, powers and remedies provided by Law.

These Booking Terms do not convey to You any rights or any intellectual property owned by Us. All intellectual property rights in the Vehicle, including but not limited to trademarks, designs, and software, are owned by Zeno or its licensors. You shall not reverse engineer, decompile, or disassemble any software or technology provided with the Vehicle.

Zeno or its Retail Partner currently deliver the Vehicle only in the territories where Zeno offers its products and services.

Zeno reserves the right to modify these Booking Terms, without any consent from You. We will provide a notice of any material changes made on our website. Your continued use of our website/services after changes are posted means that You agree to be legally bound by these terms and conditions as updated and/or amended.

Notice:  Any notice or other communication given pursuant to these Booking Terms must be in English language in writing and should be sent to support@zeno.earth

Indemnification: You shall indemnify and hold harmless Zeno, its affiliates, subsidiaries, and its respective officers, directors, agents, and employees, from any losses, claims, chargebacks, or demand, or actions including reasonable attorneys' fees, or penalty imposed due to or arising out of breach of these terms and conditions, terms of use, Privacy Policy, and other policies of Zeno by You, Your use of the website/services, or any act or omission of Yours in violation of any law, rules, or regulations or the rights (including infringement of intellectual property rights) by You.