These General Terms set forth the main terms and conditions applying to and governing the usage of the ZimiZoom Services.
In order to provide Transportation Services via using the ZimiZoom Platform you must agree to the terms and conditions that are set forth below.
1.1. ZimiZoom (also referred to as "we", "our" or "us") – a software platform owned by a private limited company Goldstar East PTE Ltd, 400 Orchard Rd, Singapore 238875.
1.3. ZimiZoom Services – services that ZimiZoom provides, including provision and maintenance of ZimiZoom App, ZimiZoom Platform, In-app Payment, customer support, communication between the Driver and the Passenger and other similar services.
1.4. ZimiZoom App – a smartphone application for Drivers and Passengers to request and receive Transportation Services
1.5. ZimiZoom Platform – technology connecting Passengers with Drivers to help them move around cities more efficiently.
1.6. Passenger – a person requesting Transportation Services by using ZimiZoom Platform.
1.7. Driver (also referred to as „you") – the person providing Transportation Services via the ZimiZoom Platform. Each Driver will get a personal ZimiZoom Driver Account to use ZimiZoom App and ZimiZoom Platform.
1.8. Agreement – this agreement between Driver and ZimiZoom regarding the use of ZimiZoom Services which consists of:1.8.1. these General Terms;
1.9. Fare – the fee a Passenger is obliged to pay Driver for provision of the Transportation Services.
1.10. ZimiZoom Fee – the fee that Driver is obliged to pay to ZimiZoom for using the ZimiZoom Platform.
1.11. In-app Payment – cards, carrier billing and other payment methods used by the Passenger via the ZimiZoom App to pay for the Transportation Services.
1.12. ZimiZoom Driver Account – access to a website containing information and documents regarding usage of the ZimiZoom Services in course of provision of Transportation Services, including accounting documentation.
1.13. Transportation Services – transport service a Driver is providing to Passenger whose request Driver has accepted through the ZimiZoom App.
1.14. Payment Agent – ZimiZoom, i.e agent responsible for the technical support services for the provision of payment services to facilitate payments and/or invoicing on behalf of ZimiZoom. Payment agent may also discuss any complaints and settle any disputes in relation to payments made by ZimiZoom.
2.1. Prior to using the ZimiZoom Services, you must sign up by providing the requested information in the signup application on website and uploading necessary documentation as required by us. Upon successful completion of the signup application, we will provide you with a personal account accessible via phone number, e-mail address and OTP code. By clicking the „Sign up" button located at the end of the signup application, you represent and warrants that: pursuant to valid legal acts, you are entitled to enter into an agreement with us to use the ZimiZoom Platform for providing the Transportation Service; you have carefully studied, fully understand and agree to be bound by these General Terms, including all obligations that arise as provided herein and from Agreement; all the information you have presented to us is accurate, correct and complete;
you will keep ZimiZoom Driver Account accurate and profile information updated at all times;
you will not authorize other persons to use your ZimiZoom Driver Account nor transfer or assign it to any other person;
you will not use the ZimiZoom Services for unauthorized or unlawful purposes and impair the proper operation of the Bolt Services;
at all times, you fully comply with all laws and regulations applicable in the state you are providing Transportation Services in, including (but not limited to) laws regulating passenger transportation services;
2.2. You are obliged to provide your bank requisites in course of filling the payment details upon registration. In case you are a legal person, you must insert the bank account of the company. We are transferring In-app Payment fees to the bank account that you have provided. We are not liable for any incorrect money transactions in case you have provided wrong bank requisites.
2.3. After submitting the signup application, you will receive an e-mail with additional conditions that must be met in order to use ZimiZoom Services. These conditions may include providing criminal records, valid driving license, satisfactory technical state of the vehicle, completion of a training course, owning a GPS-supporting mobile device and other conditions as described in the pertinent e-mail. The failure to comply with the provided requirements and conditions may result in termination of the Agreement and right to use the ZimiZoom Services.
3.1. License to use the ZimiZoom App and the ZimiZoom Driver Account. We hereby grant you a license to use the ZimiZoom App and the ZimiZoom Driver Account. The license does not grant you the right to sublicense or transfer any rights to the third persons. Regardless of the above and if so agreed separately, fleet companies may sub-license the ZimiZoom App and the ZimiZoom Driver Account to the members of its fleet.
3.2. In course of using the ZimiZoom App and/or ZimiZoom Driver Account you may not:
decompile, reverse engineer, or otherwise attempt to obtain the source code of the ZimiZoom App, the ZimiZoom Driver Account or other software of ZimiZoom;
modify the ZimiZoom App or the ZimiZoom Driver Account in any manner or form or to use modified versions of the ZimiZoom App or ZimiZoom Driver Account;
transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on ZimiZoom Platform;
attempt to gain unauthorized access to the ZimiZoom App, ZimiZoom Driver Account or any other ZimiZoom Services.
3.3. The License granted herein revokes automatically and simultaneously with termination of the Agreement. After termination of the Agreement you must immediately stop using the ZimiZoom App and the ZimiZoom Driver Account and we are entitled to block and delete Driver account without a prior notice.
3.4. Using tags and labels of ZimiZoom. Additionally, we may give you tags, labels, stickers or other signs that refer to ZimiZoom brand or otherwise indicate you are using the ZimiZoom Platform. We grant you a non-exclusive, non-sublicensable, non-transferable license to use such signs and only for the purpose of indicating you are providing Transportation Services via the ZimiZoom Platform. After termination of the Agreement you must immediately remove and discard any signs that refer to ZimiZoom brand.
3.5. All copyrights and trademarks, including source code, databases, logos and visual designs are owned by ZimiZoom and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the ZimiZoom Platform or any other ZimiZoom Services you do not acquire any rights of ownership to any intellectual property.
4.1. The Driver's Obligations. You hereby guarantee to provide Transportation Services in accordance with the General Terms, Agreement as well as laws and regulations applicable in the state where you are providing Transportation Services. Please note that you are fully liable for any violation of any local laws and regulations as may arise from providing Transportation Services.
4.2. You must have all licenses (including a valid driver's license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Transportation Services. It is your obligation to maintain the validity of all aforementioned documentation. ZimiZoom reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications.
4.3. You must provide the Transportation Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Passenger's request in the best interest of the Passenger. Among else, you
• (i) must take the route least costly for the Passenger, unless the Passenger explicitly requests otherwise;
• (ii) may not make any unauthorised stops;
• (iii) may not have any other passengers in the vehicle other than the Passenger and the passengers accompanying the Passenger; and
• (iv) must adhere to any applicable traffic acts and regulations, i.e must not conduct any actions that may disrupt driving or the perception of traffic conditions, including holding a phone in his/her hand while the vehicle is moving.
4.4. You retain the sole right to determine when you are providing the Transportation Services. You shall accept, decline or ignore Transportation Services requests made by Passengers at your own choosing.
4.5. Costs you incur while providing the Transportation Services. You are obliged to provide and maintain all equipment and means that are necessary to perform the Transportation Services at your own expense, including a car, smartphone, etc. You are also responsible for paying all costs you incur in the course of performing the Transportation Services including, but not limited to, fuel, mobile data plan costs, duty fees, amortization of the vehicle, insurance, relevant corporate or payroll taxes etc. Please bear in mind that using the B ZimiZoom App may bring about consummation of large amount of data on your mobile data plan. Thus, we suggest you to subscribe for a data plan with unlimited or very high data usage capacity.
4.6. Fares. You are entitled to charge a fare for each instance you have accepted a Passenger on the ZimiZoom Platform and completed the Transportation Service as requested (i.e. Fare). The Fare is calculated based on a default base fare, the distance of the specific journey as determined by the GPS-based device and the duration of the specific travel. The default base fare may fluctuate based on the local market situation. You may negotiate the Fare by sending us a pertinent request that has been either signed digitally or by hand. Additionally, you shall always have the right to charge the Passenger less than the Fare indicated by the ZimiZoom App. However, charging the Passenger less than the ZimiZoom App indicates, does not decrease the ZimiZoom Fee.
4.7. ZimiZoom may adjust the Fare for a particular order completed, if we detect a violation (such as taking a longer route or not stopping the fare meter of the ZimiZoom App after the Transportation Services have been completed) or in case a technical error affecting the final fare is identified. ZimiZoom may also reduce or cancel the fare in case we have reasonable cause to suspect a fraud or a complaint by the Passenger indicates a violation by you. ZimiZoom will only exercise its right to reduce or cancel the fare in a reasonable and justified manner.
4.8. Passenger may pay the fare for the Transportation Services either directly to you or via the In-app Payment as described in section 6 of these General Terms. In case the Passenger pays the Fare directly, it is your obligation to collect the Fare. In case the Passenger fails or refuses to pay, ZimiZoom will send a notice of debt to the Passenger on behalf of you. Such authorisation derives from the mandate of paying agent given to ZimiZoom and does not entail that ZimiZoom have an obligation to compensate the Fare not paid by the Passenger. If the passengers in the vehicle do not agree to pay the Fare for the provision of Transportation Service, the Fare will be paid by the Passenger who has ordered the provision of Transportation Service. If Passenger justifiably refuses to pay the Fare on the account that your information stated in the ZimiZoom App is incorrect, then ZimiZoom will not reimburse you for such expenses.
4.9. Receipts. After each successful provision of Transportation Services, ZimiZoom shall create and forward a receipt to the Passenger consisting of the following information: the company's business name, place of business, the first name and surname of the Driver, a photo of the Driver, service license number (if applicable), the registration number of the vehicle, the date-, the time-, the start and end locations-, the duration and length-, the Fare and the Fare paid for the provision of the Transportation Services. The receipt of each provision of Transportation Services is available to you via the ZimiZoom Driver Account.
4.10. Cancellation fee & wait time fee. Passenger may cancel a request for Transportation Services that a Driver has accepted via the ZimiZoom App. Driver is entitled to the Fare for cancelled Transportation Services (Cancellation Fee) in the event that a Passenger cancels accepted request for Transportation Services after certain time period determined by ZimiZoom App.
4.11. If, in the course of the provision of the Transportation Services, a Passenger or its co-passengers negligently damage the vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), you shall have the right to request the Passenger to pay a penalty up to 50 EUR and request compensation for any damages exceeding the penalty. If the Passenger does not consent to paying the penalty and/or compensating the damage, you must notify us and we will then try to collect penalty and/or relevant costs on the your behalf from the Passenger. However, bear in mind that we are not taking any liability for direct or indirect damages in relation to cleaning or maintenance of the vehicle caused by Passenger.
4.12. Your tax obligations. You hereby acknowledges that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Transportation Services, including
• (i) paying income tax, social security tax or any other tax applicable; and
• (ii) fulfilling all employee and tax registration obligations for calculations in regard to accounting and transfers to applicable State authorities as required by the applicable law.
In case the Tax authority will submit a valid application to us to provide information regarding the activities of you, we may make available to the Tax authority the information regarding the activities of you to the extent set forth in valid legal acts. Additionally, it is your obligation to adhere to all applicable tax regulations that may apply in connection with the provision of Transportation Services.
4.13. The Driver's authorisation to issue invoices. ZimiZoom has a right to issue an invoice on your behalf to the Passenger in order to compensate you any Fares, contractual penalties or other fees that ZimiZoom mediates to you. The invoice will be made available to you via the ZimiZoom Driver Account.
5.1. In order to use the ZimiZoom Services, you are obliged to pay to a fee (i.e. the ZimiZoom Fee). The ZimiZoom fee is the price drivers pay to ZimiZoom for using our service of connecting them with riders. Depending in the Subscription Plan, drivers pay a certain fixed amount that allows them to complete a certain number of rides within a certain period of time and keep 100% of trip costs. In cases where the Subscription Plan expires and drivers do not renew it, a certain percentage (depending on the Subscription Plan) will be deducted from further rides paid with a Credit/Debit Card or e-Wallet. For the Basic Subscription Plan, the ZimiZoom Fee is paid as a percentage of the Fare of each Transportation Service order that you have completed. The ZimiZoom Fee helps cover costs including technology, development of app features, marketing, and payment processing for driver-partners.
The amount of the ZimiZoom Fee is made available to you via e-mail, ZimiZoom App, ZimiZoom Driver Account or other pertinent means. Please acknowledge that the ZimiZoom Fee may change from time to time. We shall send you a prior notification of each such change.
6.1. We enable Passengers to pay for the Transportation Service via cash and In-app payments: Credit/Debit Cards and ZimiZoom e-Wallet. You hereby authorise us to act as your limited commercial agent solely for the purpose of collecting, on your behalf, the Fares or other fees paid by the Passenger via In-app Payment. Any payment obligation made by the Passenger via the In-app Payment shall be considered fulfilled as of the time that the payment has been made.
6.2. ZimiZoom reserves the right to distribute promo code to riders at our discretion on a promotional basis. You will be paid a full fare of the trip. If the use of promo codes is suspected as being fraudulent, illegal, used by a Driver in conflict with our Terms and Conditions relating to promo code use, then the promo code may be canceled and the outstanding amount will not be reimbursed by ZimiZoom to the Driver.
6.3. You are entitled to review In-app Payment reports in the ZimiZoom Driver Account or App. The reports will show the amounts of the In-app Payments brokered in the previous week as well as the withheld amounts of the ZimiZoom Fee. You must notify us of any important circumstances which may affect our obligations to collect and distribute the Fares paid via In-app Payment.
6.4. We are not obliged to pay you the Fare due from the Passenger if the In-app Payment failed because Passenger's credit card or other payment is cancelled or is unsuccessful for other reasons. In such case we will help you in requesting the Fare due from the Passenger and shall transmit it to you once the Passenger has made the requested payment.
6.5. Before providing Transportation Services, you must verify that the service is being actually provided to the right Passenger or the Passenger has expressly confirmed he/she allows other passengers to ride under Passenger's account. If you make a mistake in identifying the Passenger, and the In-app Payment is charged to a person, who has not been provided or has not approved the Transportation Services for other passengers, then we shall reimburse the person for the Fare. In such case you are not entitled to receive the Fare from us. Additionally, for every wrongfully applied In-app Payment, we shall be entitled to charge you a contractual penalty.
6.6. Please note that we will set off any Fares paid via In-app Payment against the amounts that you are obliged to pay to us (i.e. ZimiZoom Fees and contractual penalties). We may set off any of your financial liabilities against financial liabilities that you may have against us.
6.7. If we are not able to pay the Fees to you due to you not including your payment information in your Driver´s account, then we will hold such payments for 180 days. If you do not update your payment details within 180 days from the date that the right to claim such payments has been established, your claim regarding the payment of the Fare not transferred to you shall expire.
We provide the Drivers customer support regarding the use of the ZimiZoom Services. We have the right to stop providing the customer support services in case you are in delay with any of the payments for more than 5 (five) calendar days.
8.1. In order to guarantee high-quality service and provide additional reassurance to Passengers, you hereby acknowledge that the Passengers may provide you a rating and leave feedback regarding the quality of the Transportation Services that you have provided. Your average rating will be linked to your Driver´s account and will be available to Passengers at ZimiZoom App. If we find out the rating or comment is not given in good faith, this rating or comment may not be projected in the calculations of your rating.
8.2. In addition to the rating, we measure your level of activity and provide you with an activity score, which is based on your activity regarding accepting, declining, not responding and completing Transportation Service requests.
8.3. In order to provide reliable services to Passengers, we may determine a minimum average rating and a minimum activity score that Drivers must establish and maintain. If, after a pertinent notification from us, you do not increase your average rating or activity score to minimum level within the prescribed time period, your Driver´s account will be automatically suspended either temporarily or permanently. We may reverse the suspension of your account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.
9.1. Market overviews. We may send you, via the ZimiZoom App, ZimiZoom Driver Account, SMS, e-mail or other means, market overviews, in order to increase your awareness regarding when the demand by the Passengers is highest. Such market overviews are merely recommendatory and do not constitute any obligations for you. As the market overview estimations are based on previous statistics, we cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market overview.
9.2. Campaigns for Passengers. We may also occasionally arrange various campaigns to Passengers in order to promote the ZimiZoom Platform. If the Fare paid by the Passengers is reduced as part of such campaign, we shall pay you compensation, amounting to the monetary value of the benefit offered to the Passengers. We may set off the marketing compensation against the ZimiZoom Fee.
10.1. You hereby acknowledge and agree that we provide an information society service and do not provide Transportation Services. By providing the ZimiZoom Platform and ZimiZoom Services, we act as marketplace connecting Passengers with Drivers to help them move around cities more efficiently. You acknowledge that you are providing the Transportation Services on the basis of a contract for carriage of passengers and that you provide the Transportation Services either independently or via a company as an economic and professional activity.
10.2. You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us. You also acknowledge that no joint venture or partnership exists between you and us. You may not act as an employee, agent or representative of us nor bind any contract on behalf of us. If due to the implication of mandatory laws or otherwise, you shall be deemed an employee of us, you hereby agree to waive any claims against us that may arise as a result of such implied employment relationship.
10.3. You may not transfer your rights and obligations deriving from the General Terms or Agreement to any third party.
12.1. The ZimiZoom Platform is provided on an "as is" and "as available" basis. We do not represent, warrant or guarantee that access to ZimiZoom Platform will be uninterrupted or error free. As the usage of ZimiZoom Platform for requesting transportation services depends on the behavior of Passengers, we do not guarantee that your usage of the ZimiZoom Platform will result in any Transportation Service requests.
12.2. To the maximum extent permitted under the applicable law, we, nor ZimiZoom 's representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the ZimiZoom Services, including but not limited to:
any direct or indirect property damage or monetary loss;
loss of profit or anticipated savings;
loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
loss or inaccuracy of data; and
any other type of loss or damage.
12.3. We shall not be liable for the actions or non-actions of the Passenger or co-passengers and shall not be liable for any loss or damage that may incur to you or your vehicle as a result of actions or non-actions of the Passenger or co-passengers.
12.4. You shall be fully liable for breach of the General Terms, Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we may occur in connection with your breach of the General Terms, Agreement and laws and regulations. If Passenger presents any claims against us in connection with your provision of Transportation Services, then you shall compensate such damage to us in full within 7 (seven) days as of your receipt of the respective request from us. In case we are entitled to present any claims against you, then you shall compensate us any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.
13.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the specific document or message has been made available to you and you commence or continue providing Transportation Services on ZimiZoom Platform.
13.2. You may terminate the Agreement at any time by notifying ZimiZoom at least 7 (seven) days in advance, after which your right to use the ZimiZoom Platform and ZimiZoom Services shall terminate. ZimiZoom may terminate the Agreement at any time and for any reason at the sole discretion of us by notifying you at least 1 (one) day in advance.
13.3. ZimiZoom is entitled to immediately terminate the Agreement and block your access to ZimiZoom Platform without giving any advance notice in case you breach the General Terms or Agreement, any applicable laws or regulations, disparage ZimiZoom, or cause harm to ZimiZoom 's brand, reputation or business as determined by ZimiZoom in our sole discretion. In the aforementioned cases we may, at its own discretion, prohibit you from registering a new Driver account.
13.4. We may also immediately block your access to the ZimiZoom Platform and to the ZimiZoom Driver Account for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions.
13.5. We are aiming to provide the highest quality service to all Passengers therefore we are monitoring the activity of Drivers on ZimiZoom Platform. If you fail to meet the minimal service requirements, such as the minimal rating and activity score, we are entitled to immediately terminate the Agreement without giving any advance notice.
14.1. Any changes to the Agreement shall enter into force after they have been made available to you via e-mail, ZimiZoom App or ZimiZoom Driver Account and you have continued to provide the Transportation Services.
14.2. In order to amend the General Terms, we shall post a revised version on the website (http://www.zimizoom.com/) and give you at least 14 (fourteen) days prior notice. If you continue to use the ZimiZoom Services, you shall be deemed to have accepted the revised conditions.
15.1. You are obliged to immediately notify us of any changes to your contact information.
15.2. Any notice required to be given under the General Terms and Agreement shall be sufficiently given if:
• (i) delivered personally,
• (ii) sent by courier with proof of delivery,
• (iii) sent by registered mail,
• (iv) sent by e-mail or
• (v) made available via the ZimiZoom App or ZimiZoom Driver Account.
Any notice which is sent or dispatched in accordance with this clause shall be deemed to have been received:
• (i) if delivered personally, at the time of delivery to the party;
• (ii) if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party;
• (iii) if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party;
• (iv) if made available via the ZimiZoom App or ZimiZoom Driver Account, or
• (v) if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.
The Platform is published by Goldstar East PTE Ltd, 400 Orchard Rd, Singapore 238875. The Website is hosted on the Goldstar East PTE Ltd servers.
For any question, you can contact Goldstar East PTE Ltd at email@example.com
If any provision of the General Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.
Date of entry into force of the General Terms: 10.11.2019