Terms of Use - MoWay Ride Ordering & Logistics App

TERMS OF USE - BETA PRODUCTS

These terms and conditions (the "Beta Terms") set out the legal agreement between Moway and any person using a Beta Product (“You” or “you”).

In these Beta Terms the following definitions apply

Beta Products: Moway Services that are in a state of testing, trial, early access, preview or development (each being a “Beta Product”);
Moway: (also referred to as "we", "our" or "us"): Moway Ride Services, a private limited company, founded in the Federal Republic of Nigeria, registered in the Corporate Affairs Commission under the number 3537565, whose place of business is at Suite GF2 Busy Mart Plaza., No 44 Ebitu Ukiwe Street Jabi District, Abuja FCT. Moway partners’ shall mean local representatives, affiliates, agents etc appointed by Moway;
Moway App: any smartphone application offered by Moway in relation to the provision of any Moway Services;
Moway Services: all features, technologies, services and/or products as may be offered from time to time by Moway (via a Moway App or otherwise); and
Standard Terms: all terms and conditions, policies and guidelines issued by Moway from time to time for the use of Moway Services for the jurisdiction in which a Beta Product is being used by you (copies of which are available here).

Moway may introduce Beta Products in connection with the improvement, development and variation of any existing or new Moway Services.

Use of any Beta Product shall be in accordance with these Beta Terms and all Standard Terms that apply. If there is a conflict between these Beta Terms and any Standard Terms, these Beta Terms will take precedence.

Moway offers no warranty or representation in respect of the reliability or proper functioning of any Beta Products. By using any Beta Products, You acknowledge that you may experience technical difficulties, disruptions, errors or a lack of functionality and its use is at your own risk.

Moway shall have no liability for any losses, claims, damages, expenses or liabilities arising (directly or indirectly) out of any disruption, inconvenience or nuisance (whether to a Moway Service or otherwise) caused by any Beta Product.

You agree that Moway may collect information relating to any access, use, testing, performance and functionality of Beta Products which will be processed in accordance with Moway’s privacy policy for the applicable jurisdiction (copies of which are available here).

Moway may suspend or terminate any Beta Products (or access to them) at any time for any reason and without notice.

All intellectual property rights in any Beta Products and all data created from their use shall belong exclusively to Moway or its licensors and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any way without Moway’s prior written consent.

If any provision of these Beta Terms is found (as written) to be unlawful in a jurisdiction then to the extent possible it shall be interpreted as having such amendments as necessary to give it lawful effect (but without affecting interpretation in any other jurisdiction). If such interpretation is not possible then the applicable Standard Terms shall apply accordingly.

MOWAY TERMS AND CONDITIONS FOR PASSENGERS

These General Terms and Conditions set out the terms and conditions applying to and governing the use of the Moway app, which connects passengers (“you”) with third party service providers (the “Providers”, understood to be independent third party service providers of private paid transport of passengers services by means of motor vehicles, which are Drivers on their own or Drivers under the responsibility of a fleet owner) to assist them move around cities more efficiently.

The term “Moway”, "us" or "we" refers to the owner of the Moway app, Moway Ride Services, a private limited company, founded in the Federal Republic of Nigeria, registered in the Corporate Affairs Commission under the number 3537565, whose place of business is at Suite GF2 Busy Mart Plaza., No 44 Ebitu Ukiwe Street Jabi District, Abuja FCT.

In order to access and use the Moway app you must first agree to the terms and conditions that are set out below (the "General Terms and Conditions") as well as to other Moway terms and policies that may be referenced herein and/or published on www.moway.com.ng/legal and be applicable for use of additional services or govern your conduct on the platform. Moway may offer you access to additional beta features on the Moway app for a limited period from time to time. Additional terms and conditions will apply. You can access them here: https://moway.com.ng/legal/beta-terms/. You can discontinue from being offered these additional beta features at any time. Your agreement to these General Terms and Conditions establishes a contractual relationship between you and Moway (the "Agreement").

1. Using the Moway App

1.1 To use the Moway app, you must register in Moway's mobile application and set up an account. At the time of the registration you must be eighteen (18) years of age.

You must provide us with the required personal information to register, including your phone number, email address and a valid payment method (cash, wallet, credit card or debit card).

You are under no obligation to log in to, or use, the Moway's app and neither are the Drivers. If you choose to stop using the Moway app you may do so without giving us any notice.

We may temporarily restrict your access to and use of the Moway app if there is a suspected breach of your obligations (see clause 6 below) or of these General Terms and Conditions, including where we receive a complaint in relation to fraud. There may be circumstances in which we are unable to provide you with information about the complaint whilst an investigation is ongoing by us and/or a third party such as the police.

1.2. Moway provides an information service through the Moway app that enables intervention of requests for transport services between passengers and Providers. Moway does not provide transport services. Transport services are provided by Providers following a booking made by you on the Moway app and under a contract (with you) for the conveyance of passengers. Prior to the booking confirmation, you will receive information on the applicable fares. Drivers provide transport services on an independent basis (either in person or on behalf of a company) as economic and professional service providers. Moway is not responsible in any way for the fulfilment of the contract entered into between the passenger (you) and the Provider. Disputes arising from consumer rights, legal obligations applicable to the provision of transport services will be resolved between the passengers and the Providers. Data regarding the Providers and their transport services is available in the Moway app and receipts for trips are sent to the email address listed in the passenger’s profile.

1.3 The passenger (you) enters into a contract with the Provider for the provision of transport services on the Moway app. Depending on the payment options supported for a given location of the trip, you can choose to pay the Provider for the transport service in cash or use Moway in-App Payment options, that is credit card, debit card or wallet. Payments for Moway Business rides are handled by a separate agreement for Business trips. We may provide an estimate of these charges but please be aware that the final amount charged to you may be different from the estimate. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, city tolls, airport surcharges or processing fees for split payments. If you wish, you may also choose to tip the driver directly on the Moway in-App Payment. We may limit the maximum amount for a tip at our sole discretion.
Once the transport service has been provided by the Provider, Moway issue an invoice in the name and on behalf of the Provider.

1.4 When installing the Moway app, the passenger’s mobile phone number is linked to the respective Moway user account and added to our database. If you are no longer using your mobile phone number, you must notify Moway within 7 days so we can remove it from your account data. Failure to notify us about any change to your phone number, may result in your mobile operator issuing the same mobile phone number to a new person who, when using the Moway app, may have access to your data.

1.5 You are responsible for all activity on your Moway app account.

1.6 Moway reserves the right to make social interactions available through the Moway app, such as the ability to contact you, or offer you to rate and comment on the Provider.

2. Promotional Codes

2.1 You hereby accept that Moway may send you promotional codes on a per promotion basis. Promotional code credit can be applied towards payment on completion of a trip or other features or benefits related to the transport service and/or other services provided by Moway (as applicable) and are subject to any additional terms that may be established on a per promotional code basis. Expiration dates of promo codes will be reflected in-app once you have applied the promo code to your account.

2.2 If your trip amount exceeds the redeemable credit allocated to your ride, the balance will be automatically deducted from your account’s payment method. Similarly, a promotional code credit only applies on a per ride basis and cannot carry over to a next trip and therefore will be forfeited. Only one promotional code may be applied per trip.

2.3 Moway reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if Moway deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.

3.Moway in-App Payment

3.1 Depending on the preferred payment options, you can pay for the transport services with cash, a card, or in-app wallet on the Moway app. By providing Moway in-App Payment service, Moway acts as representative for the Providers of the transport services. Every Provider has authorised Moway as their representative for the intervention of conclusion of contracts between the Provider and the passenger, including the power to issue invoices in their name and on their behalf, accept in-App payments from the passengers and to forward the payments to the Provider. Your obligation to the Provider of the transport service will be fulfilled when the payment order is given to transfer funds to Moways’ bank account. You are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.

3.2 You may choose to Tip the Provider using the Moway In-app Payment service. The Tip can be paid via the In-app Payment by means authorised by Moway for that purpose. Moway will transfer the Tip to the Provider in full amount, excluding any taxes. Moway will not hold a commission for the brokerage of the Tip. Moway reserves the right to withhold the Tip, if the payment of the Tip is suspected as being fraudulent, illegal, for a purpose other than as a gratuity related to the service provided or used in conflict with Moway’s General Terms and Conditions

3.3 When making payments via Moway in-App Payment, Moway receives your payments and forwards money to the Provider. Moway may ask additional data from you to verify the payment method.

3.4 When making payments by Moway in-App Payment for transport services, Moway is not responsible for possible third-party payment costs (e.g. mobile operators, bank fees). These service providers may charge you additional fees when processing payments in connection with the Moway in-App Payment. Moway is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.

3.5 Moway will be responsible for the functioning of Moway in-App Payment and provide support in resolving problems. The resolution of disputes related to Moway in-App Payment also takes place through us. For payment support service please contact us via the Moway app or via info@moway.com.ng. Inquiries submitted by e-mail or Moway app will receive a response within 1-2 business days. Moway will address Moway in-App Payment related complaints and applications within 5-10 business days.

4. Ordering and Cancellation of Transport Services

4.1 You can create requests for the provision of a transport service in the Moway app. This is an offer from you to a chosen Provider to conclude a transport contract. If a Provider accepts your offer, the transportation contract between you and the Provider is concluded on the terms and conditions you have agreed on with the Provider. You will be notified of the acceptance of such request via the Moway app. Moway is not responsible for the provision of transport services. Moway does not provide trips and is not a party to your agreement with the relevant Provider.

4.2 You can cancel your request for a transport service in the Moway app free of charge before a Provider has accepted such request.

4.3 If you cancel your request for the transport service in the Moway app after a Provider has accepted such request (after a transportation contract has been concluded), you may be charged with a cancellation fee.

4.4 If you cancel a transport service request on multiple successive instances, we may temporarily block your account as a warning. After several warnings, we may suspend your account for a longer period (an upward of 6 months). After that period, you may contact us and ask for your account to be reactivated and your application will be reviewed by Moway.

4.5 If a Provider notifies you via the Moway app about the arrival of the vehicle at the pick-up location and the passenger (or people for whom the transport was ordered) do not arrive at the vehicle within a certain time period as specified in the Moway app, the order may be cancelled and in this case a cancellation fee will be charged. In case a Driver decides to cancel your request, please note that Moway is not responsible for such situations.

4.6 Once the Provider notifies you via the Moway app that the Driver has arrived at the pick-up location, the Moway app may begin charging fare on a waiting time basis according to the rates specified in the Moway app.

4.7 If you have requested transport services using the Moway app and cause damage to the Driver’s vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), the Provider will have the right to require you to pay a penalty and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate for the damage, Moway may pursue the claims on behalf of the Provider of the transport service.

5. License to use Moway app

5.1 As long as you comply with these General Terms and Conditions, we agree to grant you a right to access and use the Moway app in accordance with these General Terms and Conditions, the Privacy Notice and the applicable app-store terms. You may not transfer or sub-license this right to use the Moway app. In the event that your right to use the Moway app is terminated, the corresponding non-exclusive license will also be terminated.

Nothing in these General Terms and Conditions limits and excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or alter your rights as a consumer that cannot be excluded under applicable law.

6.1 As the Moway app is an information community service (a means of communication) between passengers and Providers, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of transport services. Since the respective contract for the provision of a transport service is concluded exclusively between you and the respective Provider, we are not liable for any damages arising from, in connection with or within the scope of such contractual relationship between you and the Provider (e.g. damage to the vehicle, accident). As the usage of Moway app for requesting transport services depends on the behaviour of the Providers, Moway does not guarantee that you will always have offers available for the provision of the transport services.

6.2 The Moway app does not offer or broker transport services for passengers. It is also not a transport agency service for finding passengers for transport providers. The Moway app is used as a means for organising the provision of transport services.

6.3 The consumer’s right of refund is not applied to Moway app orders. Requesting a refund from the transport service Provider does not withdraw you from the Agreement under which the provision of the transport service was ordered.

6.4 The Moway app is provided on an "as is" and “as available” basis. Moway does not represent, warrant or guarantee that access to the Moway app will be uninterrupted or error free. In case of any faults in the software, we will endeavour to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example a public emergency may result in a service interruption.

6.5 Except in case of wilful misconduct, gross negligence and nonperformance of essential obligations, Moway, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the Moway app or relying on the trip contracted for through the Moway app, including but not limited to:

6.5.1. any direct or indirect property damage or monetary loss;
6.5.2. loss of profit;
6.5.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the Moway app;
6.5.4. loss or inaccuracy of data;
6.5.5 damage or loss arising out of any transaction between you and a Provider; and any other type of loss or damage.

6.6 To the maximum extent permitted by the applicable law, you will have the right to claim for damages only if Moway deliberately violated the Agreement, did not perform essential obligations of the Agreement or committed gross negligence. Moway will not be liable for the actions or inactions of the Provider and will not be liable for damages that the Provider may cause to the passengers.

6.7 You agree to fully indemnify and hold Moway, their affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the Moway app (including the trips you obtain through your use of the Moway app).

6.8 Moway may immediately end your use of the Moway app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of Moway or the safety of Providers.

7.Good Practice using the Moway app

7.1 As Moway is not a provider or broker of the transport services, any issues with defects or quality of the transport services will be resolved in accordance with the rules and regulations of the transport service Provider or the relevant public authority.

7.2 We ask you to fill out a feedback form in the Moway app. This enables us to offer suggestions to the Providers for improving the quality of their services.

7.3 We expect that you use the Moway app in good faith and be respectful of the Providers who offer their services through the Moway app. We want everyone to have safe, smooth, and memorable experiences with Moway. By following these guidelines, you help us keep drivers safe and happy, and on the road for you.

By protecting the integrity of our platform, we ensure that Providers are able to provide services in a safe and productive environment, passengers receive prompt and delightful services, and the Moway platform can continue to function in a sustainable way.

These are simple rules of thumb passengers should follow:

Always be kind to your Driver and respectful of their car;

Try not to cancel your ride unless you absolutely have to, it will take you longer to get where you are going, and it wastes the Driver’s time;

Always show up for your ride. Keep an eye out for the Driver arriving, and don’t keep them waiting too long.

Consistent failure to uphold any one of the above standards is directly harming the integrity of the Moway platform and is sufficient to prompt a warning or suspension of ability to use the Moway platform. Moway retains the right to close your account if you have violated the terms set out in this General Terms and Conditions or if your activities are malicious (such as withholding payment for the provision of the transport service, fraud, being disrespectful towards the Drivers, etc). In these cases, your Moway app account may be revoked without prior notice.

7.4 Moway will make every effort to ensure that only Drivers who have integrity and are respectful of their profession and passengers, use the Moway app. However, we are in no position to guarantee that every Provider of transport services, located by the Moway app, satisfies the aforementioned criteria at all times. If you experience objectionable transport service, please notify the company responsible for the service, a supervisory authority or our customer support.

8. Amendments to the General Terms and Conditions

8.1 We may change these General Terms and Conditions from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you in the Moway app and/or by email but if you do not agree with these changes, you are free to close your account. We may assign, subcontract or transfer these General Terms and Conditions or any of our rights or obligations in them, in whole or in part, without your prior consent, provided this will not lead to a reduction of the rights you are entitled to by virtue of these General Terms and Conditions or by law. You may not assign, subcontract or transfer these General Terms and Conditions or any of your rights or obligations, in whole or in part, as your use of the Moway's app is personal, unless agreed otherwise.

9. Privacy

The passenger’s privacy is very important to Moway. Please read Moway’s Privacy Policy (insert link) to learn how Moway collects, uses and shares the passenger’s information.

10. Final Provisions As far as legally enforceable, the General Terms and Conditions will be governed by and construed and enforced in accordance with the laws of the Federal Republic of Nigeria. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved before the competent courts of the passenger’s domicile. If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.

BY ACCEPTING THESE GENERAL TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS

MOWAY RIDE GENERAL TERMS AND CONDITIONS

These Terms and Conditions constitute a legally binding agreement (Agreement) between you (You, the User or the Rider) and the Moway Ride Services entity indicated below are provided (Moway, We, Us or Our) in relation to: (i) the temporary rental of motor vehicles shown on the Moway App (define below) (Motor Vehicles) by Moway to You within a defined service area (Services); and (ii) Your use of Our mobile application for accessing and using the Services (Moway App).

Moway entity and contact information
Moway Ride Services, registration number 3537565
Address: Suite GF2 Busy Mart Plaza., No 44 Ebitu Ukiwe Street Jabi District, Abuja FCT.
e-mail: info@moway.com.ng

If You need to get in touch with Us, besides using the contact channels above, You can also contact Our customer support team via the chat function in the Moway App.

By accepting this Agreement, You agree to the application and content of this Agreement.

The following documents are binding and incorporated by reference into this Agreement:

the applicable prices, additional fees, penalties and any other price information and applicable charges as displayed on the Moway App (Price Schedule) and in the Moway Drive List of Penalties and Fees available at (insert website link);
instructions, manuals (including, how to use the Motor Vehicle), and any other guidelines displayed on the Moway App;
other business and product terms referred to in this Agreement, including service descriptions, policies and notices, including Our Passenger Privacy Policy (Privacy Policy) available on the Moway App and at {insert website link) and shall apply respectively to the processing of Your personal data in connection with the use of the Services; and

As Our services evolve, We may amend this Agreement by posting the amended Agreement on Our website or Moway App and providing You with reasonable prior written notice thereof via e-mail and/or via the Moway App. Your continued use of the Services after such posting constitutes Your consent to be bound by the Agreement as amended. In the event that an earlier version of this Agreement was still in force at the time the Motor Vehicle was reserved or put into use, that version shall remain in force for the duration of the use of the Motor Vehicle.

Index

Using the Moway App
Registering Your Account
Validating Driving Licence and Right to Drive
Service Fees
Penalties
Payments and invoicing
Use of the Motor Vehicle
1. Commencing the drive
2. Operating Area, finishing the drive and returning the Motor Vehicle
3. Refuelling and recharging
Accidents, Damage, Defects and Repairs
User’s obligations and responsibilities
Moway’s obligations and responsibilities
Termination
Other important terms

Annex A - Model Withdrawal Form

1. Using the Moway App

1.1. To be able to use Services You must download and install the Moway App on Your personal device.

1.2. The Moway App is available in multiple languages which can be changed in Your profile. In order to provide You with Our Services, we may track Your device’s location via the Moway App. There may be restrictions for the provision of Services based on the location of your device. These restrictions are apparent via the interface of the App. We do not provide Services in all jurisdictions. As the availability of our Services may change periodically, there is no final list of jurisdictions.

1.3. We may update the Moway App periodically in order to provide You with the best possible service. The services available via the Moway App are only accessible with an Internet connection. There are no specific technical requirements for the Internet connection, however, the quality of the service may be affected by the Internet speed. The Moway App is available on Android and Apple devices in accordance with the latest software updates.

1.4. In case of any defects in the Moway App, We endeavour to correct them as soon as possible, however You acknowledge that the functionality of the Moway App may be restricted due to occasional technical errors and We are not able to guarantee unlimited faultless functioning of the Moway App at all times. We accept no liability for any losses incurred as a consequence of the Moway App dysfunction or not being usable in the desired manner.

1.5. Subject to Your compliance with the Agreement, We grant You a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to access and use the Moway App on Your personal device solely in connection with Your use of the Services.

1.6. We shall provide services which are designed, delivered, and support compliance with industry standards and best practices, such as ISO 27001/27002, whenever feasible and not in conflict with other agreed requirements. If credit card data is processed, Payment Card Industry Data Security Standard shall also be complied with.

2. Registering Your Account

2.1. After downloading and installing the Moway App, You must create a user account (Account).

2.2. During the Account registration Your mobile number will be linked to Your Account and added to Our database. You must sign up by providing the requested information in the signup application and uploading necessary documentation as required by Us. You must also acknowledge that you have read and understood this Agreement and Our Privacy Note.

2.3. You need to connect Your Account with Your valid credit or debit card or other payment method supported by the Moway App (Elected Payment Method).

2.4. After submitting the signup application, You need to upload Your valid driving licence to the Moway App in accordance with Section 3 of the Agreement.

2.5. You must not register several Accounts with Moway, trade or rent Your Account to a third party, and create fake, illicit Accounts with Moway. This includes creating an Account by using fake, illicit, false information.

2.6. You cannot allow any third party to use the User's Account.

2.7. You cannot disclose the Account login data to any third party. The User shall be responsible for ensuring the security of the Account and confidentiality of the User’s login details.

2.8. When creating and using Your Account, You:

(a) shall use Your real name, accurate personal information and payment card information for setting up the Account, and keep such information up to date at all times;
(b) may be requested to provide Your contact details (phone, e-mail address, residency address);
(c) may be requested to provide proof of identity in the form of a picture of Your driving licence, identification card or other legal identification document issued by the government to obtain or maintain access to the Services;
(d) are liable for the access, control and security of Your Account, and responsible for all actions carried out under Your Account, unless You have reported misuse of Your Account pursuant to Section 2.10 hereof; and
(e) understand that We have the right to suspend or disable Your Account to the extent required to (i) secure lawful use of the Moway App, including without limitation for fraud prevention, risk assessment, investigation and customer support purposes; (ii) ensure Your compliance with this Agreement; (iii) comply with an applicable law or the order of a court, law enforcement or other administrative agency or governmental body; or (iv) as otherwise set forth in this Agreement.

2.9. You shall immediately notify Moway via one of the available contact channels to enable Moway to block access to the Account to prevent misuse in the case:

(a) of any unauthorised access to or use of Your Account;
(b) of loss of the mobile device on which the Moway App is installed;
(c) login details are lost or become available to a third party;
(d) Your Account is compromised or available for use by a third party; or
(e) of another situation that may cause loss of control of Your Account.

3. Validating Driving Licence and Right to Drive

3.1. Users must upload and validate their identity and driving licence for the specific Motor Vehicle category through the online validation process according to the instructions provided on the Moway App.

3.2. Irrespective thereof, Moway reserves the right to request at any time, for You to prove the validity of Your driving licence.

3.3. After successfully validating the driving licence, Moway shall activate the User's access in the Moway App to the Services.

3.4. The User has the right to use the Services if the User:

(a) has reached the minimum age specified on the Moway App;
(b) has had a valid driving licence for the specific Motor Vehicles category for at least the time period specified on Moway App; with regard to certain Motor Vehicle models a different minimum time period may apply which will be shown in the Moway App;
(c) carry their valid driving licence with them during the entire rental period of the Motor Vehicle, which begins as of the moment of reservation of the Motor Vehicle and ends the moment the User has finished the drive and returned the Motor Vehicle in compliance with the Agreement (Period of Use), and comply with all conditions and requirements set out therein;
(d) health condition allows driving a Motor Vehicle in accordance with local traffic regulations; and
(e) has not used and is not under the influence of alcohol, narcotic drugs or psychotropic substances or under the influence of any other pharmaceuticals which might impair his/her fitness to drive.

3.5. If the User’s right to drive is withdrawn, suspended, revoked or the User’s driving licence is lost, the User is legally prohibited to drive a Motor Vehicle. You must immediately stop using the Services and notify Moway about the withdrawal, suspension, revocation of Your right to drive or loss of driving licence. Failing to do so shall lead to a permanent ban of Your Account.

3.6. The User is strictly prohibited from allowing any third party to drive the Motor Vehicle. Breaching this requirement shall lead to the application of the contractual penalty set out in the Price List and Penalties, as well as to the permanent ban of Your Account.

4. Service Fees

4.1. The service fee (Service Fee) comprises the summation of:

(a) Period of Use: calculated from the moment of unlocking the Motor Vehicle, or in case of a paid reservation, from the moment the paid reservation time commences, until the moment of return of the Motor Vehicle to the Operating Area and the completion of the ride as set forth in Section 7.2.3;
(b) Distance travelled: calculated by multiplying the number of kilometres travelled by the Motor Vehicle by the price of one kilometre indicated in the Price List and Penalties. The distance covered by the Motor Vehicle shall be rounded up to the nearest (higher) kilometre;
(c) If applicable and as shown in the Moway App, the minimum fee for the Services and the paid reservation time; and
(d) Applicable taxes and other local government charges, which have to be charged and collected by Us.

4.2. The Service Fee will be displayed and charged in accordance with the Agreement and the Price Schedule valid at the time of use of the Services.

4.3. The initial reservation time of the Motor Vehicle the length of which is indicated on the Moway App is free of charge. When the initial reservation time has ended, the User may apply a paid reservation time charged in accordance with the Price Schedule.

4.4. Additional surcharges may apply in accordance with the Agreement and Price List and Penalties in relation, for example, to cleaning the Motor Vehicle.

4.5. For the processing and managing of traffic violations, public or private parking violations, accidents and damages caused to the Motor Vehicle (Incidents), as well as any fees, penalties, fines, charges, taxes and/or any other expenses incurred by Moway, either in Moway’s name or on Your behalf (Fines), that result from Your use of the Services or from You violating this Agreement or any law, rule, regulation, ordinance or the like while using the Services, Moway is entitled to charge You an administrative fee for each instance in accordance with the Price List and Penalties (Administrative Fee).

4.6. You are responsible for paying all applicable road taxes, parking fees in private or public parking lots and all other applicable fees not included in the Services Fee.

5. Penalties

5.1. In case the User violates this Agreement, Moway has a right to claim the contractual penalties indicated in this Agreement and in the Price List and Penalties available at the Moway App and Our website (Contractual Penalties). The payment of Contractual Penalties shall not release the User from the obligation to perform the relevant obligations set forth in this Agreement. The User shall pay Contractual Penalties to Moway:

(a) for lost or damaged accessories of the Motor-Vehicle, including but not limited to, the Motor Vehicle key;
(b) for not returning the Motor Vehicle key after finishing the ride and failing to notify Moway about it within 30 minutes after the end of the ride;
(c) for damaged Motor Vehicle interior or exterior (e.g., scratches, dents), or any parts and equipment of the Motor Vehicle;
(d) for smoking inside the Motor Vehicle;
(e) for finishing the ride outside the country- or city-specific area specified on the Moway App within which the User can commence driving, finish driving and return the Motor Vehicle (Operating Area);
(f) for any aggressive, reckless driving, disobeying speed limits and traffic rules, illegal racing or drifting, or any other use of the Motor Vehicle not for regular commute;
(g) for driving under the influence of alcohol, narcotic drugs, psychotropic substances and/or other psychoactive substances;
(h) for abandoning the Motor Vehicle without notice;
(i) for allowing another person to use Your Account and/or drive the Motor Vehicle;
(j) for registering multiple Accounts, creating a fake or illicit Account with Moway, creating an Account by using illicit or false information, including by using a third party’s personal details, contact information or driving licence information;
(k) for stealing or attempting to steal any equipment, accessories and items from the Motor Vehicle, including but not limited to the key, Fuel Card, Charging Card, child seat and fuel;
(l) for fuelling the Motor Vehicle with the wrong fuel;
(m) for leaving the Motor Vehicle interior dirty with food, liquids or any other items that should be disposed of beyond normal use;
(n) for failing to immediately inform Moway about damages to the Motor Vehicle and Incidents, as well as for failing to immediately inform Moway and/or the relevant authorities about traffic accidents;
(o) for stealing or attempting to steal the Motor Vehicle;
(p) for other violations and breaches, as indicated in the Price List and Penalties available in the Moway App that Moway may update unilaterally from time to time upon notifying You.

5.2. Moway has the right to reduce the amount of the contractual penalty on its discretion considering the consequences of each breach and other relevant circumstances.

6. Payments and invoicing

6.1. Depending on the payment options supported for the given location of the journey, You can pay the Service Fee with In-App Payment as and when available through the Moway App.

6.2. You authorise Us to charge Your Elected Payment Method linked to Your Account for the Service Fee pursuant to this Agreement. Moway automatically debits the Service Fee from Your Elected Payment Method. You need to ensure that Your Elected Payment Method has sufficient funds.

6.3. After You have reserved a Motor Vehicle, we automatically pre-authorise an amount from Your Elected Payment Method to confirm the availability of the payment.

6.4. You agree that We may, at our sole discretion, pay the Fines defined in Section 4.6 to the relevant (private or public) third party Ourselves, even if We receive these Fines on Your behalf, provided that the Fines result from Your use of the Services or from You violating this Agreement or any law, rule, regulation, ordinance or the like while using the Services. In this case, Moway may withdraw or withhold the amount of the Fines from Your Account, including the Administrative Fee for processing the Fines and Incidents, by obtaining Your express and specific consent, including via the Moway App.

6.5. Moway may also withdraw or withhold the amount of Contractual Penalties from Your Account by obtaining Your express and specific consent, including via the Moway App.

6.6. If You disagree with the Fines and/or Contractual Penalties, You can always contact Us using the country-specific contact channels indicated at the top of this Agreement or Our customer support team via the chat function in the Moway App.

6.7. Your obligation to pay the Service Fee, the Fines, the Administrative Fee and/or the Contractual Penalties, as the case may be, is fulfilled when the respective amount is debited from Your Elected Payment Method.

6.8. If this payment method fails and/or You have insufficient funds in Your Elected Payment Method, other collection procedures may be employed. You agree to compensate all Our collection costs, including without limitation reasonable legal fees, if You do not pay the amounts owed to Us in due time.

6.9. You agree to immediately add a new Elected Payment Method in case of any changes to Your Elected Payment Method that may impair Our ability to charge You pursuant to this Agreement.

6.10. If Moway is unable to pre-authorise an amount from Your Elected Payment Method as indicated in Section 6.3 or debit the Service Fee from Your Elected Payment Method as indicated in Section 6.2, then Moway is entitled to suspend or terminate the Period of Use. In such a case, You are obliged to finish the drive immediately and return the Motor Vehicle to the Operating Area or follow other instructions provided by Moway. The Period of Use will be suspended until You pay the Service Fee.

6.11. In case the User has previously failed to pay the Service Fee in due course, Moway is entitled to request the User to pay the Services upfront, before starting to use the Services.

6.12. When making payments by cards, carrier billing and other payment methods (e.g., Moway Business) via the Moway App (In-App Payment), Moway is not responsible for possible third-party payment costs (e.g., mobile operators, bank fees). These service providers may charge you additional fees when processing payments in connection with the In-App Payment. Moway is not responsible for any such fees and disclaims all liability in this regard. Your Elected Payment Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.

6.13. Moway will provide support in resolving problems related to the functioning of the In-App Payment, including resolving disputes related to the in-App Payment. For payment support service please contact: info@Moway.eu. Moway will resolve any In-App Payment related complaints and applications as expeditiously as possible but no later than within 15 days.

6.14. Moway shall, at its own discretion, be entitled to provide a credit limit for the Services. Moway shall have the exclusive right to change the aforementioned credit limit, cancel, decrease or increase it at any time, provided that there are reasonable grounds for those changes and upon notifying You.

6.15. After each provision of Services, Moway shall create and forward a receipt to the User for the Service Fee, including surcharges, for the provision of the Services. Receipts will be issued in accordance with the applicable laws. The receipt of each provision of the Services is available on Your Account.

6.16. The Moway group entity providing the Services may engage and instruct its affiliate, Moway to collect and process payments under this Agreement on its behalf.

7. Use of the Motor Vehicle

All Motor Vehicles are equipped with an electronic hardware device that secures the Motor Vehicle, allows the Motor Vehicle to be rented digitally (lock/unlock), and records and transmits to Moway the location of the Motor Vehicle, the distance travelled by the Motor Vehicle, the time of use of the Motor Vehicle, the usage of fuel and other data related to the Motor Vehicle and its use (IoT Device).

7.1. Commencing the drive

7.1.1. Before starting a drive, a Motor Vehicle must be reserved in the Moway App. A Motor Vehicle may be reserved free of charge for the time period indicated in the Moway App. Free reservation time commences when you click “Reserve” (or equivalent button(s)) on the Moway App. If the User will not commence driving during free reservation time or terminate the reservation of the Motor Vehicle and the free reservation time ends, then paid reservation time up to the time limit indicated on the Moway App (if any) starts automatically. The User shall pay the fee for the paid reservation time stipulated in the Price List and Penalties. The User is allowed to terminate the reservation at any time and the User will be charged for the paid reservation time.

7.1.2. If the User has not commenced driving the Motor Vehicle by the end of the paid reservation time indicated in the Moway App or after 24h of the beginning of the paid reservation time, Moway is entitled to terminate the reservation of that Motor Vehicle.

7.1.3. The Period of Use starts from the moment of reserving the Motor Vehicle.

7.1.4. On reaching the Motor Vehicle, the User must select an appropriate command and follow the instructions shown on the Moway App in order to unlock the Motor Vehicle, or after completing the drive – to lock it.

7.1.5. The User shall examine the Motor Vehicle’s interior and exterior to ensure that the Motor Vehicle does not have clearly visible damages and shall undertake to check if all fittings and accessories of the Motor Vehicle such as the ignition key (if any), Fuel Card/Charging Card and the Motor Vehicle documents and manuals are in the Motor Vehicle. In case a label is attached to the damage, then such damage has already been reported to Moway. If the User detects a damage without a label attached to it, the User shall immediately notify Moway of any detected nonconformities by the contact details indicated in the Moway App. Otherwise, all non-notified damages might be deemed as having occurred during the Period of Use by the User.

7.1.6. For starting the Motor Vehicle, use the ignition key kept inside the Motor Vehicle. If the Motor Vehicle does not need an ignition key, the Motor Vehicle shall be started by pressing the button and keeping the brake pedal pressed.

7.2. Operating Area, finishing the drive and returning the Motor Vehicle

7.2.1. The User can start and return the Motor Vehicle only in the Operating Area as indicated on the Moway App. The User may return the Motor Vehicle outside the Operating Area only with the prior written consent of Moway. If Moway consents to return the Motor Vehicle outside the Operating Area, Moway will charge the User Motor Vehicle’s transportation costs back to the Operating Area in accordance with the Price List and Penalties.

7.2.2. The User shall be obliged to return the Motor Vehicle in the condition that is no worse than the condition in which the Motor Vehicle was received, taking into account normal wear and tear. In case the User discovers any damage caused during the Period of Use, the User must notify Moway immediately via the Moway App.

7.2.3. The User may terminate the Period of Use at any time by returning the Motor Vehicle in accordance with this Agreement. In order to return the Motor Vehicle the User must:

(a) park the Motor Vehicle in the Operating Area as indicated on the Moway App, in a place in which it could be publicly accessed at any time, and in compliance with the applicable traffic rules and regulations and/or other legal requirements, regulations or restrictions related to parking in the particular location of the Operating Area;
(b) turn off the engine and place the ignition key (if any) in a designated place in the Motor Vehicle;
(c) ensure that the User’s or a third party’s belongings are not left in the Motor Vehicle and cleans up after themselves (e.g. removing trash);
(d) ensure that all of the Motor Vehicle’s documents, Fuel Card/Charging Card and other accessories are in the Motor Vehicle;
(e) ensure windows and doors are closed properly; and
(f) then choose the command “Finish ride” (or equivalent button(s)) on the Moway App.

7.2.4. After completing all steps and making sure that the Motor Vehicle is locked, the Period of Use is deemed terminated by the User.

7.2.5. Within the Operating Area, the Motor Vehicle cannot be returned in:

(a) sites with barriers, except for special parking areas at the airports marked on the Moway App (if any);
(b) underground parking lots;
(c) private parking areas (e.g. home yard);
(d) paid parking areas, except in public unsupervised for-fee parking areas managed by the local municipality; or
(e) any other areas where parking is prohibited by traffic rules and regulations.

7.2.6. The User cannot return the Motor Vehicle if the Motor Vehicle is located outside the Operating Area, the Motor Vehicle’s ignition is on, doors/windows are open, the engine is not turned off or for any other reason indicated to the User on the Moway App.

7.2.7. Locations of the Operating Area from which the Motor Vehicle is collected and returned may be different. Some models of the Motor Vehicles indicated on the Moway App or website must be collected and returned to the same location of the Operating Area.

7.2.8. In case the User parks the Motor Vehicle in a paid parking area the User must pay for the parking at the User’s own cost.

7.2.9. When parking the Motor Vehicle the User must take all steps to ensure the safety of the Motor Vehicle and items inside the Motor Vehicle (i.e., doors are locked, windows are closed, the lights and the multimedia console are turned off, ignition is off etc.), as well as the safety of third persons and assets.

7.2.10. If the Period of Use cannot be terminated, the User shall promptly notify Moway accordingly and stay with the Motor Vehicle until Moway’s customer service has made a decision on how to proceed.

7.3. Refuelling and recharging

7.3.1. A Fuel Card or Charging Card is available in each Motor Vehicle. Only the Fuel Card/Charging Card available in the Motor Vehicle may be used for refilling of fuel/recharging the battery to that Motor Vehicle. In case of use of the Fuel Card/Charging Card, the price of the fuel/charging is included in the Car Sharing Service fee paid by the User and will not be charged separately to the User. The Fuel Card/Charging Card can be used only for purchasing fuel/charging the battery and not for other items.

7.3.2. The User must refill the fuel tank only with a fuel type as permitted for the Motor Vehicle.

7.3.3. Use of the Fuel Card/Charging Card for other vehicles or for the filling of fuel to any other container is strictly prohibited. If the User breaches this prohibition, Moway shall, in all cases, report misappropriation to the police and the User shall be obliged to pay a contractual penalty as indicated in the Price List and Penalties in accordance with the Agreement.

7.3.4. The User shall be obliged to safekeep the Fuel Card/Charging Card and leave it in the Motor Vehicle after using it. In case of loss of the Fuel Card/Charging Card, the User shall immediately, but no later than within 2 hours from becoming aware of the loss, notify the Moway and shall be obliged to pay contractual penalty indicated in the Price List and Penalties in accordance with the Agreement.

7.3.5. The User must not return the Motor Vehicle with an empty fuel tank. The fuel tank of the Motor Vehicle is considered empty if the fuel level is 10% or less.

7.3.6. If the fuel level of the Motor Vehicle falls down to 25% and the User refills the fuel tank of the Motor Vehicle with the Fuel Card in the nearest service station of the company which has issued the Fuel Card, then Moway may provide the User with a discount.

7.3.7. In case an electric Motor Vehicle’s battery level falls down to 20%, the User must finish the drive and return the electric Motor Vehicle at the nearest charging station.

8. Accidents, Damage, Defects and Repairs

8.1. If the Motor Vehicle breaks down, alert signals are activated on the dashboard of the Motor Vehicle, suspicious extraneous noises can be heard or the Motor Vehicle cannot be further safely operated, the User shall immediately but no later than 1 hour of becoming aware of the problem depending on the level of danger (i) stop using the Motor Vehicle, (ii) notify Moway in the Moway App, and (iii) comply with further instructions provided by Moway. Moway is entitled to terminate the Period of Use unilaterally.

8.2. The User shall immediately report to Moway through one of the available contact channels and to the respective public authorities (police, fire service, etc.) by telephone in case of any accident, theft, fire or damage caused or any other damage involving a Motor Vehicle driven by the User. In any such event, Moway shall provide instructions to the User on how to proceed and the User must follow the instructions of Moway. The User must complete a traffic accident declaration and carry out other necessary actions in order to prevent or reduce damages to the Motor Vehicle, other property and/or persons. This shall apply irrespective of whether the accident was caused by the User or by a third party or whether the damage is minor or not.

8.3. The User must notify Moway through one of the available aforementioned contact channels of any accidents, damage and defects of the Motor Vehicle present at the commencement of the drive in accordance with Section 7.1.5.

8.4. The User shall, after consulting Moway, take necessary measures to preserve the evidence and to mitigate the damage.

8.5. The User must not assume any liability or make any similar declarations to third parties in the event of an accident involving a Motor Vehicle driven by the User. Where the User makes a declaration assuming liability in spite of this prohibition, such declaration shall exclusively apply to the User personally. Neither Moway nor the insurer of the Motor Vehicle shall be bound by such declaration.

8.6. Moway shall be entitled to any compensation paid in relation to damage to the Motor Vehicle. If the User has received any such payments, the User has to transfer them to Moway without further demand.

8.7. Only Moway is entitled to choose the repair shop for repairing the Motor Vehicle in case of defects and damage.

8.8. In case of an accident after which the Motor Vehicle can no longer be moved, the Period of Use shall end at the latest upon handover of the Motor Vehicle to a towing company approved by Moway.

9. User’s obligations and responsibilities

9.1. The User must:

(a) treat and use the Motor Vehicle according to its intended purpose, in a regular manner and prudently, observe the provisions of the manufacturer's operation manual and drive in safe and carefully, environmentally sound and fuel-efficient way;
(b) notify Moway immediately of any damage to the Motor Vehicle, including resulting from violence or accident or of any soiling; the User shall undertake to immediately notify Moway and the respective public authorities (e.g., police, fire service) if the Motor Vehicle is destroyed, damaged, breaks down or otherwise becomes improper for use, as well as inform about circumstances preventing operation and use of the Motor Vehicle;
(c) prudently protect the Motor Vehicle against theft (windows must be closed and the central locking locked);
(d) check the operating liquids and the tire pressure on extended trips at regular intervals and, if necessary, adjust them;
(e) check the Motor Vehicle for obvious defects prior to driving;
(f) keep the Motor Vehicle (interior and exterior) clean and tidy. If the Motor Vehicle is dirtier than normally after such use, the User shall be obliged to pay surcharges for cleaning indicated in the Price List and Penalties;
(g) comply with all applicable laws and regulations, including traffic laws and regulations;
(h) stop immediately if a warning light flashes up in the dashboard display and contact Moway to discuss whether the trip may be continued;
(i) ensure that, when using an electric Motor Vehicle, the battery has sufficient capacity at the time of starting the trip in order to bring the vehicle back into Operating Area after the ride and to be able to properly start the charging process, if applicable;
(j) use the Motor Vehicle within the Operating Area indicated in the App. The User is allowed to use the Motor Vehicle outside the Operating Area only with the prior consent of Moway;
(k) indicate to Moway the precise location of the Motor Vehicle at any time if requested and permit an inspection of the Motor Vehicle upon Moway's request; and
(l) ensure, before starting the ride, that there are no unsecured items in the passenger compartment (including waste) and all objects in the Vehicle are properly secured, taking into account their size and weight.

9.2. The User must not:

(a) for any and all damages that occur to the Motor Vehicle, Moway or a third party or their property during the Period of Use or while the Motor Vehicle is in the User’s possession or control, including the entire time the Motor Vehicle is reserved by the User, including for violation of this Agreement and/or any applicable laws and regulations. Such damages include theft or loss of Motor Vehicle, its keys (if the Motor Vehicle has any) and/or accessories, including Fuel Card/Charging Card, the repair costs for the Motor Vehicle and third-party property, injuries to third parties, costs associated with related recovery or transportation of Motor Vehicles, incidental damage, e.g. expert's fees, towing charges, diminished value, additional administration costs, and the loss of use of Motor Vehicles or third party property;
(b) for any and all damages that occur as a consequence of traffic offences, misdemeanours or criminal offences committed with the Motor Vehicle. The User shall pay all resulting costs and damages and shall waive Moway fully from any claims of third parties;
(c) for any and all damages that have been caused to the Motor Vehicle, Moway or third party or their property by a third party whose possession the Motor Vehicle was given by the User in violation of the Agreement;
(d) for paying any fee or contractual penalty that is received while operating the Motor Vehicle. The User is aware that Moway may forward the relevant personal data of the User for processing the claim; and
(e) for paying contractual penalties in accordance with this Agreement and Price List and Penalties. The right to claim for damages shall remain unaffected. In this case, the contractual penalty shall be deducted from such damages.

9.3. The User is liable:

(a) for any and all damages that occur to the Motor Vehicle, Moway or a third party or their property during the Period of Use or while the Motor Vehicle is in the User’s possession or control, including the entire time the Motor Vehicle is reserved by the User, including for violation of this Agreement and/or any applicable laws and regulations. Such damages include theft or loss of Motor Vehicle, its keys (if the Motor Vehicle has any) and/or accessories, including Fuel Card/Charging Card, the repair costs for the Motor Vehicle and third-party property, injuries to third parties, costs associated with related recovery or transportation of Motor Vehicles, incidental damage, e.g. expert's fees, towing charges, diminished value, additional administration costs, and the loss of use of Motor Vehicles or third party property;
(b) for any and all damages that occur as a consequence of traffic offences, misdemeanours or criminal offences committed with the Motor Vehicle. The User shall pay all resulting costs and damages and shall waive Moway fully from any claims of third parties;
(c) for any and all damages that have been caused to the Motor Vehicle, Moway or third party or their property by a third party whose possession the Motor Vehicle was given by the User in violation of the Agreement;
(d) for paying any fee or contractual penalty that is received while operating the Motor Vehicle. The User is aware that Moway may forward the relevant personal data of the User for processing the claim; and
(e) for paying contractual penalties in accordance with this Agreement and Price List and Penalties. The right to claim for damages shall remain unaffected. In this case, the contractual penalty shall be deducted from such damages.

9.4. If the User causes a traffic accident or if the User causes damage to the Motor Vehicle. This limitation of liability applies only if (i) the Motor Vehicle has been used in compliance with this Agreement, (ii) the traffic accident and/or damage caused to the Motor Vehicle is caused due to the User’s accidental carelessness, (iii) the damage has been notified without delay in accordance with Section 9.1 (b) and (iv) the User cooperates with Moway to solve the situation. The limitation of liability does not apply in case the User has violated this Agreement and/or damages are caused by the User’s intent or gross negligence.

9.5. The User is not liable for any violation committed, or damage caused at the fault of Moway and/or a third person except in case the User is responsible for acts of such third party under this Agreement.

9.6. The User is not liable for any failures of the Motor Vehicle caused by previous use, operation or normal wear and tear, if the User immediately notifies Moway through one of the available contact channels and complies with the instructions given by Moway.

9.7. In the event of any breach of this Agreement, including a default in payment, Moway is entitled to temporarily or permanently suspend or terminate the provision of the Services, and to temporarily or permanently block access to the Moway App and Account with immediate effect. The User will be informed thereof by e-mail or via the Moway App.

10. Moway’s obligations and responsibilities

10.1. Moway shall undertake to ensure that the Motor Vehicle is in good order and condition and is suitable for use and operation for the purpose set out in the Agreement. The faults or malfunctions, which do not have an impact on traffic safety and shall not have an impact in the short run, as well as defects which are not the consequence of improper maintenance of the Motor Vehicle, shall not be recognised as defects.

10.2. In no event shall Our aggregate liability for any and all claims arising out of this Agreement, including those based on tort or other grounds, exceed the amount of the fees paid to Us for the Services during which the incident, accident or event that caused the claim/s to arise occurred, whichever is lower. We do not however limit Your right to claim for damages or use any other legal remedies provided by law upon non-compliance of our Services with this Agreement.

10.3. To the extent such liability limitation is allowed by applicable law, Moway shall not be held liable for:

(a) the damage suffered by the User as a result of delay related to use of the Services;
(b) the damage caused by the User to third persons while using the Services;
(c) any indirect or consequential losses, including loss of profit; and
(d) losses exceeding the price of the Services that were not provided or were provided improperly.

10.4. Moway shall not be liable for any belongings left in a Motor Vehicle or stolen from a Motor Vehicle irrespective of whether such belongings belong to the User or third party. All belongings found in a Motor Vehicle will be disposed of or donated after 30 days of finding them.

10.5. Moway shall not be held liable for the User’s losses incurred by him/her as a result of their inability to use the Motor Vehicle, in the event of an accident or for other reasons beyond Moway’s control.

11. Termination

11.1. Moway is entitled to terminate the Period of Use unilaterally in accordance with the Agreement.

11.2. The User is entitled to terminate the Period of Use unilaterally in accordance with the Agreement.

11.3. Moway is entitled to take back the Motor Vehicle and replace it with a comparable Motor Vehicle at any time in coordination with the User.

11.4. You have a statutory right to withdraw from this Agreement within 14 days without giving any reasons. In that case, You may either (i) use the model withdrawal form provided in Annex A or (ii) make any other unequivocal statement setting out Your decision to withdraw from the Agreement by contacting Us.

12. Other important terms

12.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Estonia.

12.2. Your obligations may be governed by laws of the Operating Area, for example, traffic and parking laws and regulations applicable in the Operating Area (Local Laws) and You agree to comply with any such Local Laws.

12.3. Any disputes arising out of this Agreement that cannot be settled by negotiations shall be settled by the courts of the Federal Republic of Nigeria.

12.4. In the event of conflict between a provision of this Agreement and a provision of the terms and conditions for Your applicable Operating Area, the provision of the terms and conditions of the Operating Area shall prevail to the extent of the conflict.

Annex A - Model Withdrawal Form

To:

Moway Ride Services, registration number 3537565
Address: Suite GF2 Busy Mart Plaza., No 44 Ebitu Ukiwe Street Jabi District, Abuja FCT.
e-mail: info@moway.com.ng

I hereby give notice that I withdraw from my contract for the provision of the following service: temporary rental of motor vehicles.

Ordered on: [to be completed by the User]
Name of the User: [to be completed by the User]
Address of the User: [to be completed by the User]
Signature of the User (only if this form is notified on paper),
Date: [to be completed by the User]