Terms & Conditions

Updated on May 15, 2024

1. Introduction

ZellCarz Solution Limited ("ZellCarz", "we", "us", or "our") operates the ZellCarz mobile application ("App") and website www.zellcarz.com ("Website"), which serve as a platform for vehicle owners ("Renters") to list their private cars for sharing, and for customers to book these cars.

We provide various services to facilitate car sharing, including booking, payment processing, and vehicle listing management. These Terms and Conditions ("Terms") govern the relationship between ZellCarz and the Users of the App and Website, including but not limited to Customers and Renters. By using the App or Website, Users agree to be bound by these Terms.

2. Definitions

In these Terms, the following definitions apply:

"App" refers to the ZellCarz mobile application.

"Website" refers to the ZellCarz website, accessible at www.zellcarz.com

"Customer" refers to a user who books a vehicle listed by a Renter on the App or Website.

"Renter" refers to a vehicle owner who lists their car for sharing on the App or Website.

"User" refers to any person who uses the App or Website, including Customers and Renters.

3. User Accounts and Eligibility 

Users are required to create an account to access the services offered by the App or Website when setting up an account. Users will need to provide personal details, including their first name, last name, email address, phone number, profile picture, driver's license, and payment details. Users must be a minimum of 18 years old and hold a valid driver's license. ZellCarz has the sole discretion to accept or reject account creation requests.

4. Listing and Booking Vehicles

Renters are required to upload images, relevant documents, and provide descriptions and specifications of their vehicles for ZellCarz approval. Upon approval, the vehicle will be listed on the App and or Website, making it available for Customers to book. For each booking, ZellCarz will collect a percentage-based commission.

5. Renter Responsibilities

Representations and Warranties: Renters represent and warrant that they have the legal right and authority to list their vehicles for sharing on the App or Website and that the vehicles listed are in good operating condition, meet all applicable safety standards, and are properly maintained in accordance with the manufacturer's guidelines and applicable laws of Jamaica.

Insurance: Renters are obligated to maintain and keep current the necessary insurance coverage, permitting other drivers, besides themselves, to drive and operate their vehicles with their approval. Renters confirm that they have discussed and obtained clarity from their respective insurance providers before registering on this platform to ensure that offering their vehicles for car sharing does not violate their policy. Renters must ensure that their insurance policy remains valid and in effect throughout the listing period on the App or Website and agree to inform ZellCarz of any changes to their insurance policy status.

Vehicle Listing: Renters bear the responsibility and agree to ensuring that the information they provide about their vehicles listed on the App or Website are true, accurate, comprehensive, and current. This includes, but is not limited to, details, images, specifications, descriptions, or any other pertinent or relevant information about their vehicles. Renters are required to expeditiously update their listings in case of any modifications or inconsistencies. Failure to inform ZellCarz of any such chnages as stated in this condition will render the veichle and its listing viod.

Liability: Renters acknowledge and accept that by listing their vehicles on the App or Website, they do so at their own risk. ZellCarz the App, Website, and its parent company ZellCarz Solution Limited and its director nor shareholders shall not be held accountable for any loss, theft, damage, or other liabilities incurred during, before, or after the carsharing period, including any third-party liability claims stemming from the use or operation of the vehicle by a Customer or any other individual. Renters agree to indemnify and hold harmless ZellCarz its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys' fees) that arise from or are related to the vehicles listed by Renters, the use or operation of such vehicles, or any violation of these Terms by Renters or Customers.

Compliance with Laws: Renters agreeing to comply with all applicable laws, rules, and regulations in relation to the listing, sharing, and operation of their vehicles, including, but not limited to, vehicle registration, safety standards, and emissions requirements. Renters agreed to be solely responsible for any fines, penalties, or other liabilities arising from their failure to comply with such laws, rules, and regulations.

Disputes: Renters shall promptly and amicably resolve any disputes with Customers or other Users related to the listing, sharing, or operation of their vehicles. Renters shall cooperate with ZellCarz in good faith to address and resolve any disputes or issues that may arise in connection with their use of the App or Website.

Taxes: Renters shall be solely responsible for determining, reporting, and remitting any taxes applicable to their vehicle-sharing activities on the App or Website, in compliance with all relevant laws and regulations within Jamaica or any other countries where they may have tax obligations. Should the need arise, ZellCarz will be legally bound to share any information requested by the Tax Authority in Jamaica or overseas relating to any income received by or through the use of the App.

Counterfeit: Please note that while ZellCarz takes measures to detect counterfeit documents, Renters should be aware that it is their responsibility to verify the authenticity of a customer’s driving license and other relevant documents. Renters are encouraged to exercise due diligence when assessing the validity of these documents in order to ensure a secure and trustworthy carsharing experience.

Counterfeit Documents: ZellCarz will take all reasonable steps to prevent, identify, and address counterfeit documents where necessary and will take appropriate measures to restrict a user's access to the platform when there is reasonable cause to believe they may have used counterfeit documents to create an account. Renters acknowledge and agree that they are responsible for taking the necessary steps to verify the authenticity of a customer’s driving license before allowing them to use and operate their vehicle. ZellCarz shall not be held liable for any damages or liabilities resulting from Renters' failure to confirm the authenticity of a customer's driving license or any other counterfeit documents provided by a Customer.

Any vehicles which are the subject of any police investigation, stolen or involved in any unlawful activity must not be listed on our platform, failure to comply with this requirement the renter/s of any such vehicle agree for ZellCarz to share their details with the police if requested to conduct their investigation.

6. Customer Responsibilities 

Eligibility: Customers must be at least 18 years old and possess a valid driving license to book and operate vehicles listed on the App or Website. Customers are responsible for providing accurate and up-to-date personal information during the account creation process and for updating such information as needed.

Compliance with Laws: Customers shall comply with all applicable laws, rules, and regulations in relation to the booking, use, and operation of the vehicles rented from Renters, including, but not limited to, traffic laws, safety standards, and emissions requirements. Customers shall be solely responsible for any fines, penalties, or other liabilities arising from their failure to comply with such laws, rules, and regulations.

Care and Maintenance: Customers shall use and operate the shared vehicles in a careful and responsible manner, in accordance with the manufacturer's guidelines and applicable laws. Customers shall be responsible for any loss, theft, damages, or other liabilities arising from their use or operation of the shared vehicles, and shall promptly report any such incidents to the Renter and ZellCarz.

Liability: Customers agree to protect the App, Website, and ZellCarz from any injuries, accidents, lawsuits, theft, and any other liabilities that may arise during the rental period. Customers shall indemnify and hold harmless ZellCarz its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or in connection with their use or operation of the rented vehicles, or any breach of these Terms by Customers.

Disputes: Customers shall promptly and amicably resolve any disputes with Renters or other Users related to the booking, use, or operation of the shared vehicles. Customers shall cooperate with ZellCarz in good faith to address and resolve any disputes or issues that may arise in connection with their use of the App or Website.

Sharing Personal Information: By booking a vehicle, Customers agree that ZellCarz may share their personal information, such as name, profile picture, driver's license, and contact details, with the Renter in order to facilitate a smooth and seamless booking experience.

Driving and Operating the Shared Vehicle: Customers agree that they shall be the sole individuals to drive and operate the shared vehicle during the booking period, unless an alternative arrangement has been mutually agreed upon with the Renter.

ZellCarz the app, its parent company and its directors do not provide insurance for individuals and or property. Customers and Renters agree that we only provide a platform to connect renters and customers together. Users must have in place or arrange their own insurance where applicable to operate vehicles rented from the App, to cover any injuries to person, death, or damage to vehicles. ZellCarz do not provide 3rd party insurance or any such insurance courage for the duration of a rental period.  

7. Payment Terms 

Fees and Commissions: Customers shall pay the applicable fees for the shared vehicles as set forth in the listings on the App or Website. ZellCarz shall charge a percentage commission on each booking, which will be deducted from the fees paid by Customers.

Payment Processing: All payments made by Customers through the App or Website shall be processed by a third-party payment processor engaged by ZellCarz. Customers shall be responsible for providing accurate and up-to-date payment information and for promptly updating such information as needed.

Refund Policy: The refund policy for cancellations and other booking changes shall be addressed separately and will be incorporated into these Terms by reference.

8. Privacy and Data Protection 

ZellCarz is committed to protecting the privacy and personal information of Users. The collection, use, and disclosure of personal information by ZellCarz shall be governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App or Website, Users consent to the collection, use, and disclosure of their personal information in accordance with the Privacy Policy.

9. Intellectual Property Rights

All intellectual property rights in and to the App, Website, and any content, materials, or services provided by ZellCarz are owned by ZellCarz or its licensors. Users shall not copy, reproduce, modify, distribute, transmit, or otherwise exploit the App, Website, or any content, materials, or services provided by ZellCarz, without the express written permission of ZellCarz or the applicable rights holder.

10. Termination

 ZellCarz reserves the right to suspend or terminate Users' accounts and access to the App or Website at any time, at its sole discretion, for any reason, including, but not limited to, violation of these Terms, suspected fraudulent activity, or any other behaviour that ZellCarz deems harmful to its reputation, the App, Website, or other Users. Upon termination, Users shall immediately cease using the App and Website and shall not attempt to access the App or Website using another account or identity. 

11. Disclaimers and Limitation of Liability

The App, Website, and all content, materials, and services provided by ZellCarz are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. ZellCarz disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from a course of dealing, usage, or trade practice.

ZellCarz does not warrant that the App, Website, or any content, materials, or services provided by will be uninterrupted, secure, error-free, or free from viruses or other harmful components. ZellCarz shall not be liable for any damages or losses arising from Users' use of or inability to use the App, Website, or any content, materials, or services provided by ZellCarz.

In no event shall ZellCarz its affiliates, officers, directors, employees, agents, licensors, or suppliers be liable for any indirect, incidental, consequential, special, or exemplary damages, including, but not limited to, loss of profits, loss of data, or loss of goodwill, arising out of or in connection with Users' use of or inability to use the App, Website, or any content, materials, or services provided through ZellCarz, even if We have been advised of the possibility of such damages.

In any event, the total liability of ZellCarz, its affiliates, officers, directors, employees, agents, licensors, and suppliers for any and all claims, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or in connection with Users' use of or inability to use the App, Website, or any content, materials,or services provided by ZellCarz shall not exceed the amount paid by the User to ZellCarz for the services giving rise to the claim, if any.

12. Indemnification

Users agree to indemnify, defend, and hold harmless ZellCarz, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or in connection with their use of the App or Website, any content, materials, or services provided by ZellCarz or any breach of these Terms by Users.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Jamaica, without regard to its conflict of laws principles. Any disputes arising out of or in connection with these Terms, the App, or Website shall be resolved through amicable negotiations between the parties. If the parties fail to reach an agreement, the dispute shall be submitted to the competent courts of Jamaica.

14. Changes to Terms

ZellCarz reserves the right to modify these Terms at any time, at its sole discretion. Users are encouraged to review the Terms periodically to stay informed about any changes. By continuing to use the App or Website, Users agree to be bound by the updated Terms.

For any questions or concerns related to these Terms and Conditions.

Contact us at: Customer Service

Email: info@zellcarz.com