These terms of use (the "Terms of Use") govern your use of the Zeekr mobile application and Services (as defined below) (collectively the "App"). The App is provided by [Zeekr EU B.V.], corporate registration number [88508307] and VAT number [NL864670795B01], with address [Utrechtseweg 341, 3818EL Amersfoort, the Netherlands] ("Zeekr", "we", "our" and "us") to the user of the App ("User", "you" or "your").
When you use the App and, you must agree to these Terms of Use. We ask you to read the Terms of Use carefully before you start using the App. If you do not accept the Terms of Use, please refrain from using the App.
Please use the following contact details when you contact us with your inquiries regarding these Terms of Use:
Zeekr EU B.V.
website@zeekr.eu
[Telephone number]
Jachthavenweg 112, 1081 KJ Amsterdam, the Netherlands
For information regarding the personal data collected and processed in connection with the App, please read the Zeekr App Privacy Policy available at here.
In order to use the App, you will have to create a user account (the "User account") and sign in to it.
You may choose a username and a password to sign in to your User account on the App. If you choose to create a new User account, the username and password which you choose must not be: harmful, abusive, racially or ethnically offensive, sexually explicit, defamatory, infringing any intellectual property right or invasive of personal privacy rights. We have the right to change your username if it, in our opinion, violate these Terms of Use.
When creating your User account, you will be asked to submit certain information, your email address being mandatory, about yourself. Please read the Zeekr App Privacy Policy available at here before you start using the App.
By clicking on the "Create Account" button at the end of the activation process, the User makes a request with Zeekr to activate the User account. To be able to press the "Create User account" button, you will be required to accept these Terms of Use. You can print out or save this version of the Terms of use using the corresponding functions of your browser or download it here as a "pdf" and save it on your device.
Before pressing the "Create User account" button, input errors can be corrected by the User by clicking the "Back" button. On the data entry page, the User can correct the entered data by clicking on the corresponding line and deleting the entered data.
As part of the activation process, we will verify your email address by sending you a verification link to the email address you provided.
Once you have finished the activation process, you will receive a confirmation by email to the email address provided by you. This email will include the contractual provisions (including these Terms of Use). The agreement provisions will be saved and stored after the agreement has been concluded internally by Zeekr in compliance with data protection requirements but are not stored and saved for the User. The activation confirmation and the text of the agreement should be kept carefully by the User itself.
Your account is personal and you are not allowed to transfer your account to any third party or to allow a third party to use the App through your User account. You are responsible for protecting your login information from access by unauthorized persons. If you have reason to believe that any third party has gained access to your User account, you must immediately inform us. We have the right, but not the obligation, to suspend access to your User account if we have reason to believe that any third party has gained unlawful access to your User account.
In order to make full use of the App, you may need additional hardware such as a smartphone or tablet running either at least Android 13.0 or iOS 8.0. Such hardware is not provided by Zeekr and is your responsibility to acquire.
You are responsible for securing your access to the network connectivity necessary to use the App. There may be additional costs for e.g. transfers of data and messaging services. These costs are not paid by us. Furthermore, you are responsible for obtaining and keeping the necessary hard- or software up to date to access and use our App.
Zeekr or third parties may provide new or additional products and/or services at any time provided this does not negatively affect and/or impact in any way the App and/or Services. The use of such new or additional products and/or services may be subject to additional terms and conditions of either Zeekr or a third party which will be provided to you during the activation respectively booking process of any such new or additional product and/or service within the App.
The App includes multiple features related to Zeekr vehicles (each a "Service" and collectively the "Services"), which may be subject to separate terms, may change from time to time and may vary depending on the vehicle and/or equipment used.
When using the App, you must:
• a)Comply with applicable law;
• b)comply with these Terms of Use and Zeekr's instructions;
• c)not use the App in an abusive or harmful manner; and/or
• d)maintain regular access and install updates to the App provided by us.
When using the App you are prohibited from:
• carry out attacks on the functionality of the App, such as mass sending of feedback (spam), hacking attempts, brute force attacks, the use or sending of spyware, viruses and worms;
• attempting to interfere with, harm, reverse engineer, steal from, scrap content or gain unauthorized access to the App, user Accounts of other users, or the technology and equipment supporting the App; linking to the App without permission;
• using data mining, robots, or other data gathering devices on or through the App;
• posting incomplete, false, misleading or objectionable information or material;
• disclosing personal information about another person;
• using the App in an illegal way or to commit an illegal act in relation to the App or that otherwise results in fines, penalties, or other liability to Zeekr.
In case of sale or permanent transfer of a vehicle linked to the App to a third party the User must delete the respective vehicle on the App. The User is responsible to deactivate the link between the App and the vehicle.
The App is provided free of charge unless stated otherwise in these Terms of Use.
Zeekr reserves the right to temporarily or permanently deactivate or restrict access to the App, in whole or in part, due to:
a) Technical and/or security reasons;
b) Disruptions arising due to force majeure, i.e., events beyond our reasonable control, including but not limited to, pandemic and epidemic diseases, natural disasters, strikes, lockouts, official orders and/or lack of performance by subcontractors and/or third-party providers necessary for the proper provision and/or function of the App;
c) your breach of the section "YOUR USE OF THE APP" without observing a period of notice if Zeekr cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties. The termination is only permissible after the unsuccessful expiry of a deadline set for remedial action or after an unsuccessful warning, whereby a deadline for remedial action or a warning is dispensable if special circumstances exist that would also justify immediate termination after weighing up the interests of both parties; or
d) your breach of these Terms of Use.
Zeekr will to the extent possible provide you prior notice of the deactivation or restriction of your access to the App. Insofar the deactivation or restriction of your access to the App is due to your breach of these Terms of Use, Zeekr will re-activate the App again after you have remedied your breach. In other instances, Zeekr will use its best efforts to re-activate the App as soon as possible.
The App and the content therein provided by Zeekr are the property of Zeekr, its direct or indirect subsidiaries or affiliated companies (hereinafter referred to collectively as "Zeekr Group") or its licensors. You must not sell, distribute, publish, broadcast, circulate, exploit, reproduce (in whole or part), transmit (by electronic means or otherwise), modify, display, redeliver, license, or otherwise use the App for any public or commercial purpose without our prior permission. All rights in the App, including the software, the content, are protected and owned by Zeekr Group and its licensors.
Nothing in these Terms of Use shall be construed as a transfer of ownership of the App or any intellectual property rights such as trademark, service mark or logo, all of which are the property of Zeekr and its licensors. Zeekr reserves all rights with respect to the App and any proprietary material and information.
Your right to use the App commences on the day you accept these Terms of Use.
These Terms of Use and the right to use the App can be terminated by you at any time with thirty (30) days' notice.
In the event of material breach, the non-breaching party may terminate these Terms of Use if the party in breach hasn't rectified the breach within thirty (30) days from receiving notification thereof.
A termination may be made in writing or via email.
Either party's right to terminate for cause remains unaffected as well as any statutory rights to terminate orderly and/or rescind from an agreement.
Upon termination of the agreement, Zeekr will prevent any further use of the App and Services by the User, in particular by making the App inaccessible to the User and disabling the User account, but without prejudice to the following provisions:
Amendments to these Terms of Use shall be offered to the User in text form no later than two (2) months before their proposed date of entry into force. If the User has agreed to communicate with electronic means with us within the framework of the relationship, the amendments may also be offered by this means.
The User may either agree to or reject the amendments prior to their proposed date of entry into force.
Insofar as the changes only concern the implementation of new regulatory requirements, requirements of case law with regard to general terms and conditions, or reformulation of the Terms of Use without affecting a main service obligation, the User shall be deemed to have given his consent if he has not indicated his rejection before the proposed date of entry into force of the changes. Zeekr shall specifically draw the User's attention to this effect of approval in its offer.
Such modifications are made without additional cost for you. You shall be entitled to terminate these Terms of Use free of charge anytime after the receipt of the information that the App and/or these Terms of Use has been modified or at the time when the App and/or Terms of Use has been modified, whichever is later, if the modification negatively impacts your access to or use of the App, unless such negative impact is only minor. You will be informed in a clear and comprehensible manner of the modification reasonably in advance on a durable medium and of the right to terminate these Terms of Use.
Zeekr or third parties may provide new or additional products and/or services at any time provided this does not negatively impact in any way the App and/or Services. The use of such new or additional products and/or services may be subject to additional terms and conditions of either Zeekr or a third party which will be provided to you during the activation respectively booking process of any such new or additional product and/or service within the App.
Zeekr will inform the User and supply with updates, including security updates, that are necessary to keep the App and Services in conformity. Where the User fails to install, within a reasonable time, such updates supplied by Zeekr, Zeekr shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, provided that (a) Zeekr informed the User about the availability of the update and the consequences of the failure of the User to install it; and (b) the failure of the User to install or the incorrect installation by the User of the update was not due to shortcomings in the installation instructions provided by Zeekr.
Zeekr may modify the App and Services to the extent necessary to maintain them in conformity with the agreement. Such modifications are made without additional cost to the User. Further, the User will be informed in a clear and comprehensible manner of the modification.
In addition, Zeekr may modify the App and Services for the following reasons:
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Adaptation to a new technical environment;
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Adaptation to an increased number of users;
•
Improvement of overall user experience;
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Improvement of security;
•
Enabling new functionalities;
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Other important operational reasons;
Such modifications are made without additional cost to the User. The User shall be entitled to terminate its User account free of charge anytime after the receipt of the information (see next sentence) or of the time when the App or Service has been modified, whichever is later, if the modification negatively impacts the User's access to or use of the App or Service, unless such negative impact is only minor. The User will be informed in a clear and comprehensible manner of the modification and the User is informed reasonably in advance on a durable medium of the features and time of the modification and of the right to terminate the agreement.
These Terms of Use constitute the entire agreement with respect to the use of the App and supersede all prior agreements, written or oral, between the parties with respect to the subject matter. The Services however may be subject to separate terms.
Deviating, conflicting or supplementing terms and conditions shall only govern the use of the App if explicitly accepted by us in writing.
To the extent permitted under applicable law, Zeekr does not warrant that the App or Services provided therein will be available at all times, uninterruptedly and without error. The User is aware that the App and Services may not be available due to disruptions, maintenance work and/or security reasons. Accordingly, the User is not entitled to constant and uninterrupted availability. App and Services shall, however, endeavour to achieve the highest possible availability and to remedy disruptions without delay.
If you are a consumer (i.e. a natural person not acting in commercial or self-employed professional activity), you have all legal warranty rights granted to consumers under applicable law.
Zeekr shall be liable for a breach of contractual and non-contractual obligations in accordance with the statutory provisions.
Zeekr shall be liable for damages - irrespective of the legal grounds - within the framework of fault-based liability in the event of intent and gross negligence.
In the event of simple or slight negligence, Zeekr shall be liable, subject to statutory limitations of liability (e.g. due care in own affairs; insignificant breach of duty) only
•
for damages arising from injury to life, body, or health, and
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for damages arising from the breach of a material contractual obligation (obligation, the fulfilment of which is a prerequisite for the proper performance of the agreement and on the observance of which the contractual partner regularly relies and may rely); in this case, however, Zeekr's liability shall be limited to compensation for the foreseeable, typically occurring damage.
These limitations of liability do not apply if Zeekr has fraudulently concealed a defect, in case of a fraud or fraudulent misrepresentation, if Zeekr has given a guarantee of quality, or has assumed a procurement risk. Furthermore, any mandatory statutory liability, in particular under the Product Liability Act, shall remain unaffected.
The limitations of liability resulting from this section shall also apply to Zeekr's executive bodies, legal representatives, employees, staff and vicarious agents and/or other persons (for whose fault Zeekr is responsible in accordance with statutory provisions.
These Terms of Use are governed by Dutch law, excluding its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Disputes regarding these Terms and Conditions will exclusively be resolved in by the competent court of Amsterdam, the Netherlands.
As a consumer habitually residing in an EU Member State, you can choose to bring legal proceedings in respect of these Terms of Use in the EU member state in which you are domiciled or in another EU member state, but if we bring legal proceedings, we may only do so in the EU member state in which you are domiciled. As a consumer, if you are habitually residing in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Use affects your rights as consumer to rely on such mandatory provisions of local law.
The European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out of court, available at http://ec.europa.eu/consumers/odr/. Zeekr is not obligated or willing to participate in an online dispute resolution procedure before a consumer arbitration board.
For the use of the App or Services under Apple iOS, the parties to these Terms of Use, we and the Users, hereby clarify the following in relation to Apple Inc. ("Apple"):
a)
That we and the Users are the only parties to these Terms of Use;
b)
That we are responsible for the App and all content therein. We carry all responsibility for the maintenance, support and service of the App or any technical equipment used to enable the provision of the App. Claims that directly or indirectly depend on such grounds may only be directed against us, and not against any third party;
c)
That all demands or claims arising directly or indirectly from the use of the App and which might be directed against us, only shall be directed against us. Apple is not in any way liable to respond to these demands or claims, if these are directed against Apple;
d)
That we, and not Apple, are solely responsible to investigate, defend, settle or secure liability in the event of any third party claims, based on the App or infringements of any third party's intellectual property rights caused by use of the App;
e)
The User guarantees and ensures that he/she are not located in a country subject to an embargo issued by the US government, or has been designated by the US as a "terrorist supporting" country and that he/she are not on any of the US government's list of prohibited or restricted parties; and
f)
That these Terms of Use creates rights for Apple to apply these Terms of Use directly against you, regardless of our participation. In addition to the third-party rights given to Apple, these Terms of Use will not give any third-party rights to any other natural or legal person.