Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

  1. These Terms and Conditions will apply to the use of www.zoom-ev.com and the purchase of the services and goods by you (the Customer or you) on the same site. We are ZOOMCAR SHARE LTD whose trading name is ZOOM a company registered in England and Wales under number 11129324 whose registered office is at 40 Thorntree Green, Appleton Thorn, Cheshire, WA44QU with email address membersupport@zoom-ev.com ;
    (the Supplier or us or we).
  2. These are the terms on which we sell all Services to you via www.zoom-ev.com By using the site and purchasing any of the Goods or Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
  3. Zoom reserves the right to amend these Terms and Conditions at any time. We will notify you whereby these Terms and Conditions are updated.

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  2. Contract means the legally-binding agreement between you and us for the supply of the Goods or Services;
  3. Delivery Location means the Supplier's premises or other location where the Goods or Services are to be supplied, or via email where Zoom’s Sustainable Mobility Bundle is supplied, as set out in the Order;
  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  5. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order (where applicable);
  6. Order means the Customer's order for the Goods or Services from the Supplier as submitted following the process set out on the Website;
  7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website, which can be found on the website;
  8. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
  9. Website means our website www.zoom-ev.com on which the Goods or Services are made available.

Services

  1. The description of the Services and any Goods is as set out on the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
  2. Zoom provides services that are connected to third party suppliers. Zoom’s Sustainable Mobility Bundle includes services from but not limited to Tonik Energy, Q-Park and Plugsurfing. Zoom has packaged these services in to our bundle to provide benefits to you.
  3. Zoom also provides connections to other service providers including but not limited to insurance for plug-in vehicles, electric vehicles and electric vehicle charging services for businesses. These services are provided and delivered by third party suppliers.
  4. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  5. All Services which appear on the Website are subject to availability.
  6. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

  1. You must co-operate with us in all matters relating to the Goods or Services, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
  2. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal information

  1. We retain and use all information strictly under the Privacy Policy, which can be found on the website.
  2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

  1. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  3. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods or Services supplied under the Contract.
  4. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
  5. No variation of the Contract, whether about description of the Services, Fees or otherwise,
    can be made after it has been entered into unless the variation is agreed by the Customer
    and the Supplier in writing.
  6. We intend that these Terms and Conditions apply only to a Contract entered into by you
    as a Consumer. If this is not the case, you must tell us, so that we can provide you with a
    different contract with terms which are more appropriate for you and which might, in some
    respects, be better for you, e.g. by giving you rights as a business.

Fees and Payment

  1. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices are calculated on a fixed annual one-off price or on a monthly rate basis for twelve months.
  2. We have made two payment methods available to you in order to best suit your needs. Please be advised that the payments do not amount to the same price over the twelvemonth period. These methods are as per Clause 28 above.
  3. All payments will be processed through Stripe (payment platform) in order to provide safe and secure payments and protect your details. You will be guided through the process when you opt to purchase Zoom’s Sustainable Mobility Bundle.
  4. Whereby you opt to pay on the monthly basis for twelve months, you will be billed accordingly and accept to be billed on this basis. Whereby you opt to cancel this payment mechanism you will no longer be able to use the benefits provided within Zoom’s services. Any charges for services received to date shall be in accordance with the ‘Withdrawal and Cancellation’ clause below.
  5. Fees and charges include VAT at the rate applicable at the time of the Order.
  6. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
  7. All orders made and payments received from you shall be made accepting these Terms
    and Conditions.

Delivery

  1. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
    a. in the case of Services, within a reasonable time; and
    b. in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
  2. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
  3. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
    a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
    b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  4. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
  5. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

Withdrawal and cancellation

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  2. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
    a. goods that are made to your specifications or are clearly personalised;
    b. goods which are liable to deteriorate or expire rapidly.

Right to cancel

  1. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
  2. The cancellation period will expire after 14 days from the day on which you acquire, the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods or services over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
  3. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
  4. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.zoom-ev.com via the ‘Contact Us’ page. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) as soon as reasonably possible.
  5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Commencement of Services in the cancellation period

  1. In order that you can access the benefits included within Zoom’s Sustainable Mobility Bundle, we will supply you with the relevant documentation within the cancellation period. We do this in order to provide a good and effective service to you.

Effects of cancellation in the cancellation period

  1. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
  2. Whereby you cancel this Contract within the cancellation period, you will not be able to benefit from the services contained within Zoom’s Sustainable Mobility Bundle.

Payment for Services commenced during the cancellation period

  1. Where a service is supplied (being part of the Service) before the end of the cancellation period, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for the supply of any service, in full or in part, not undertaken in this cancellation period.

Deduction for Goods supplied (where applicable)

  1. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

  1. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
    a. 14 days after the day we receive back from you any Goods supplied, or
    b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
  2. If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
  3. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
  4. For the purposes of these Cancellation Rights, these words have the following meanings:
    a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
    b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

  1. We have a legal duty to supply the Goods / Services in conformity with the Contract and will not have conformed if it does not meet the following obligation.
  2. Upon delivery, the Goods will:
    a. be of satisfactory quality;
    b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
    c. conform to their description.
  3. It is not a failure to conform if the failure has its origin in your materials.
  4. We will supply the Services with reasonable skill and care.
  5. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

  1. The Contract continues as long as it takes us to provide the Services.
  2. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
    a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
    b. is subject to any step towards its bankruptcy or liquidation.
  3. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Successors and our sub-contractors

  1. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
  2. Whereby the Supplier has sub-contractors that help perform its duties in delivering our Sustainable Mobility Bundle to you, we shall be liable. The Supplier shall not be liable for the delivery of services provided by our third-party suppliers in conjunction with Zoom’s Sustainable Mobility Bundle. We shall only ensure that the relevant rates are provided by our third-party suppliers including but not limited to Tonik Energy, Q-Park and Plugsurfing. We do undertake to work with you to help facilitate service delivery when required.

Circumstances beyond the control of either party

  1. In the event of any failure by a party because of something beyond its reasonable control:
    a. the party will advise the other party as soon as reasonably practicable; and
    b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).

Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy and cookies policy, which is included on the website.
  3. For the purposes of these Terms and Conditions:
    a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
    b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
    c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
  4. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
  5. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    b. we will only Process Personal Data for the purposes identified;
    c. we will respect your rights in relation to your Personal Data; and
    d. we will implement technical and organisational measures to ensure your Personal Data is secure.
  6. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: greg@zoom-ev.com.

Excluding liability

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business,
    trade, craft or profession.

Governing law, jurisdiction and complaints

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  3. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs
    customers should contact us directly via our website and we will work with you to resolve
    this dispute.