Terms & Conditions

Last Modified: June 29, 2021


Welcome to Mygarage Africa, a vehicle rental hosting platform that connects inspected vehicles to verified drivers in different cities in Africa, and a marketplace web site and online service provided by envio. This Terms of Service Agreement ("Agreement") describes the terms and conditions that govern your use of and participation in Mygarage Africa services. Mygarage Africa services include our web site, web widgets, feeds, tracking software and hardware including the envio box, mobile device software applications , applications for third-party web sites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Mygarage Africa (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Privacy Policy whether or not you are a registered user of our Service.This Agreement applies to all visitors, users, and others who access the Service ("Users").

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU UNDERSTAND AND AGREE THAT MYGARAGE AFRICA IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN DRIVERS AND HOSTS, NOR IS MYGARAGE AFRICA A TRANSPORTATION SERVICE, AGENT, OR INSURER. MYGARAGE AFRICA HAS NO CONTROL OVER THE CONDUCT OF DRIVERS OR HOSTS AND OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement, we will update the last modified date at the top of this page. If there are material changes to this Agreement, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

Service Use


Eligibility

This Service is intended solely for licensed drivers nineteen (21) years of age or older, and any registration, use, or access to the Service by anyone under 21 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Mygarage Africa, unless Mygarage Africa has given you written notice of reinstatement. All Users must pass our Eligibility Requirements throughout and must provide all necessary and complete documentation for determining eligibility throughout your use of the Service, as may be determined and requested by Mygarage Africa in its sole discretion. You acknowledge and agree that Mygarage Africa may change its Eligibility Requirements at any time and for any reason.

Accounts

Parts of our Service requires that you open a basic user account (“Account”). In order to book a vehicle from a host on Mygarage Africa, you will need to complete the "Driver Verification Process". In order to host your vehicle with on Mygarage Africa, you will need to complete "Host Verification Process".

As used in this Agreement, “Host” shall mean any User that establishes a “Host” Account and submits a vehicle that meets all of the eligibility requirements set forth in this Agreement and the Eligibility Requirements to be shared on or via the Service, which are incorporated herein by reference. As used in this Agreement, “Driver” shall mean any User that establishes a “Driver” Account, which would allow such User to book a vehicle through or via the Service.

By applying for a Driver or Host Account, you give us permission to disclose the information you provide on your application to third parties for verification purposes and to obtain additional information about you. Mygarage Africa may accept or reject Driver or Host Account applications, in our sole discretion, for any reason. If you are accepted for a Driver and/or Host Account, you acknowledge and agree to abide by this Agreement and the Vehicle Eligibility Requirements which are applicable to your particular type of Account.

Users with a Drivers or Host Account are collectively referred to in this Agreement as "Members." Your Member Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. Each transaction in which a Driver reserves a vehicle from a Host via the Service is referred to in this Agreement as a "Book"

Please acknowledge and agree as follows:

  • Your Member Account is for your personal use only.

  • You may not use another Member's Account, permit anyone else to use your Member Account, or assign or otherwise transfer your Member Account to any other person or entity.

When applying for and creating your Account, you must provide accurate and complete information and keep such information updated and accurate throughout the term of this Agreement. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify Mygarage Africa immediately of any breach of security or unauthorized use of your Account. Mygarage Africa will not be liable for any losses caused by any unauthorized use of your Account.

You may control your Member profile and how you interact with the Service by changing the options in your Settings page. By providing Mygarage Africa your email address, you consent to our using of the email address to send you Service-related email, including any notices required by law, in lieu of communication by postal mail. By providing Mygarage Africa your cell phone number, you consent to our using of the phone number to send you Service-related SMS messages. You may not opt out of Service-related emails or SMS messages. BY SIGNING UP FOR AN ACCOUNT ON MYGARAGE AFRICA AND PROVIDING YOUR PHONE NUMBER, YOU AGREE TO RECEIVE TEXT MESSAGES FROM US. We may also use your email address and/or cell phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences on your Settings page. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.

Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots, "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Mygarage Africa servers than a human can reasonably produce in the same period of time using a conventional online web browser, except that Mygarage Africa grants the operators of public search engines revocable permission to use spiders to copy materials from Mygarage Africa for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including Account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict the use or copying of any content, or enforce limitations on use of the Service or the content therein.

Mygarage Africa may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if, in Mygarage Africa 's sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. All aspects of the Service are subject to change or elimination at Mygarage Africa 's sole discretion. Mygarage Africa reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Mygarage Africa will not be liable to you for any interruption of the Service, delay, or failure to perform.

Policies and Procedures; Reservation Confirmations; Feedback

If you are a Host, you agree to our Host Terms. If you are a Host, by accessing or using the Service, you signify that you have read, understood, and agree to be bound by the Host Terms. If you are a Driver, you agree to our Driver Terms incorporated herein by reference. If you are a Driver, by accessing or using the Service, you signify that you have read, understood, and agree to be bound by the Driver Policy.

If you are using the Service as a Host and your vehicle requires the installation of a Mygarage Africa envioBox device, your use of the Services are subject to.

Additionally, as a Host, you represent and warrant that (i) you own or have all the necessary rights, consents, and authority to permit the vehicle you submit to be used as contemplated by the Service; and (ii) the use of the vehicle you submit as contemplated herein will not violate any rights of a third party or any agreement with respect to such vehicle, including any leasing or financing agreement.

As a Host, you may utilize an agent(s) ("Manager") to satisfy your obligations under this Agreement and the Host Terms, which may include (but is not limited to) managing a Car to be reserved through or via the Service, provided that : (a) you and the Manager have a valid, written agreement ("Management Agreement") under which the Manager agrees to abide by all of the terms and conditions of this Agreement with respect to the activities it is performing under the Management Agreement; and (b) the Management Agreement expressly states that you and the Manager acknowledge and agree that Mygarage Africa may hold you and the Manager jointly and severally liable for any breach of this Agreement by you or the Manager.

If you are entering this Agreement in your capacity as the manager of one or more Cars owned by another person or entity, then you represent and warrant that: (a) you have all necessary authority to enter into this Agreement on behalf of the Host of the Car(s) and to bind such Host to the terms and conditions of this Agreement; (b) you have a valid, written Management Agreement with Host; and (c) the Management Agreement expressly states that you and such Host acknowledge and agree that Mygarage Africa may hold you and such Host jointly and severally liable for any breach of this Agreement by you or the Host of the Car(s).

User Content

Some areas of the Service may allow Users to post feedback, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as "User Content"). You retain ownership of your User Content. You are solely responsible for the User Content that you upload, publish, display, link to, or otherwise make available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that Mygarage Africa does not guarantee any confidentiality with respect to any User Content.

You agree not to post User Content, or take any actions on or through the Service, that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights (as defined below), rights of publicity and privacy. Mygarage Africa reserves the right, but is not obligated, to reject and/or remove any User Content that Mygarage Africa believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

Mygarage Africa takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service is solely your responsibility. Mygarage Africa understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Mygarage Africa shall not be liable for any damages you allege to incur as a result of such User Content.

Other Users; No Endorsement

While we may take actions to verify User identities and descriptions and information regarding vehicles available via the Service, Mygarage Africa does not endorse any Users or their background, any User Content, vehicle, or Reservations. You are solely responsible for your interactions with other Mygarage Africa Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Mygarage Africa shall have no liability for your interactions with other Users, or for any Users’ action or inaction, with respect to Reservations or the Service. You acknowledge that Mygarage Africa does not offer transportation services. Instead, the Service allows Guests and Hosts to transact Reservations directly with each other. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth, or accuracy of Reservations, User Content, or other services or transactions available via the Service.

By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to the particular User or third party that causes you harm, and you agree not to attempt to impose liability on or seek any legal remedy from Mygarage Africa with respect to such actions or omissions. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Service.

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO FACILITATE RESERVATIONS. MYGARAGE AFRICA CANNOT AND DOES NOT CONTROL THE USER CONTENT CONTAINED IN ANY RESERVATION, THE CONDITIONS OF ANY VEHICLES PROVIDED THROUGH THE SERVICE, THE BEHAVIOR OF ANY USER, OR THE ACTIONS OF ANY USER. MYGARAGE AFRICA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL RESERVATIONS AND USER CONTENT. ACCORDINGLY, ANY RESERVATIONS MADE BY A USER, DRIVER, AND/OR HOST WILL BE MADE AT THE USER, DRIVER, AND/OR HOST'S OWN RISK.

User Content License Grant

You retain all your ownership rights in your User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Mygarage Africa a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with Mygarage Africa's (and its successors and affiliates) business. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Service and under this Agreement.

End User License

Mygarage Africa Service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only. Mygarage Africa reserves all rights not expressly granted herein in the Service and the Mygarage Africa Content (as defined below). Mygarage Africa may terminate this license at any time for any reason or no reason.

Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the " Mygarage Africa Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Mygarage Africa and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Service. Use of the Mygarage Africa Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Mygarage Africa under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Mygarage Africa does not waive any rights to use similar or related ideas previously known to Mygarage Africa or developed by its employees, or obtained from sources other than you.

Fees; Billing; Payments

Fee Schedule and Billing Policies

You agree to the fees and charges, terms of sale, and payment and billing policies applicable to your use of the Service.. Mygarage Africa may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable.

Collections

In addition to the amount due, delinquent Accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent Accounts and/or chargebacks including, but not limited to collection fees and/or convenience fees and/or other third parties charges. If we need to contact you to service your account or to collect amounts you owe, you authorize us and our subcontractors, including debt collection agencies, to contact you at any phone number or email address you provide, from which you contact us, or at which we believe we can reach you. You consent to be contacted in any way, such as calling, texting, emailing, sending mobile application push notifications, or using any other method of communication permitted by law and to contact you on a mobile, wireless, or similar device, even if you are charged for it. You consent to be contacted using an automated dialer or prerecorded messages. You certify that any email address you provide is a personal email address and not a work email address. If you change your email address, phone number, home address, it is your obligation to update us.

Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Privacy

We care about the privacy of our Users. Our Privacy Policy outlines how we use and safeguard your information. You understand that by using the Service, you are consenting to the collection, use, and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to, and processed in the United States.

Additional Representations and Warranties

In addition to the other representations and warranties in this Agreement, you affirm, represent and warrant that:

  • You are at least 19 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement; you are a Nigeria resident; and you have not previously been removed from the Service unless you have a currently valid notice of reinstatement from Mygarage Africa.

  • If you are a Host, to the best of your knowledge and belief, any vehicle you offer for Reservations hereunder is in sound and safe condition and free of any known faults or defects that would affect its safe operation under normal use and conforms with the Vehicle Eligibility Requirements/Host Terms.

  • If you are a Driver, you agree to inform Mygarage Africa of any changes in your driving record including but not limited to any driving "incidents or any Major Violations" (as defined by the Eligibilty Requirements).

  • Your User Content and Mygarage Africa 's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights, and rights of publicity.

  • To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Mygarage Africa. Mygarage Africa does not endorse any such sites or the information, materials, products, or services contained on or accessible through such sites. Mygarage Africa has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Mygarage Africa's Privacy Policy do not apply to your use of such sites. You expressly relieve Mygarage Africa from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Mygarage Africa shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or services that you visit.

Indemnity

You agree to defend, indemnify, and hold harmless Mygarage Africa and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including, without limitation, any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule, or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your Account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

If a claim is brought against us that is subject to indemnification by you, we will notify you in writing of such claim, allow you to defend or settle the claim with legal counsel reasonably acceptable to us, and provide you with reasonable cooperation (at your expense) in your defense or settlement of the claim. We will have the right, at our option and expense, to participate in the defense or settlement of any claim, either directly or through counsel of our choosing. You will not have the right to settle any claim without our prior written consent, which consent will not be unreasonably withheld.

No Warranty

IF YOU CHOOSE TO USE THE SERVICE AND/OR PARTICIPATE IN A RESERVATION, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT MYGARAGE AFRICA DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO DRIVERS AND HOSTS. THE SERVICE AND ANY CONTENT IS PROVIDED ON AN "AS IS" ND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GETAROUND OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, MYGARAGE AFRICA, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MYGARAGE AFRICA CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE OR ANY RESERVATION WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO DRIVERSOR HOSTS. YOU UNDERSTAND THAT MYGARAGE AFRICA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE AND MYGARAGE AFRICA IS NOT RESPONSIBLE FOR THE ACTION OF USERS OF THE SERVICE.

MYGARAGE AFRICA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MYGARAGE AFRICA SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MYGARAGE AFRICA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 14 (INSURANCE), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYGARAGE AFRICA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY RESERVATION. UNDER NO CIRCUMSTANCES WILL GETAROUND BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYGARAGE AFRICA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MYGARAGE AFRICA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF EITHER (a) THE AMOUNTS PAID BY MYGARAGE AFRICA TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (b) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MYGARAGE AFRICA AND YOU.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MYGARAGE AFRICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Service is controlled and operated from its facilities in the Nigeria. Mygarage Africa makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the Nigeria or are a foreign person or entity blocked or denied by the Nigerian government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the Nigeria.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mygarage Africa without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

General

Termination

You may terminate your participation in the Service at any time, for any reason, upon receipt by us of your written or email notice of termination. We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.

Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. For any dispute with Mygarage Africa, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that Mygarage Africa has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Mygarage Africa claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MYGARAGE AFRICA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Notification Procedures

Mygarage Africa may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Mygarage Africa in our sole discretion. Mygarage Africa reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Mygarage Africa is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add support@mygarage.africa to your email address book to help ensure you receive email notifications from us.

Class Action/Jury Trial Waiver

This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by Mygarage Africa via the Service, shall constitute the entire agreement between you and Mygarage Africa concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Entire Agreement/Severability

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MYGARAGE AFRICA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Mygarage Africa 's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Claims

You and Mygarage Africa agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Disclosures

The Service is offered by Mygarage Africa powered by envio logistics limited located at Hous 26, 62 Road, 6th avenue, @nd avenue, Gwarinpa Abuja and can be reached at support@mygarage.africa. If you are a Nigerian resident, (a) you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.