• Introduction
• Modification 
• Eligibility, registration, verification & definitions 
• Payments 
• Your commitments
• Content
• Prohibited activities
• Specific terms for Riders 
• Specific terms for partners 
• Dispute resolution
• General provisions

Introduction

The business of ACRE Logistics, WopeCar includes but is not limited to the offering of services related to the sharing of vehicles and the creation, operation and management of WOPECAR application/website; a flagship franchise of the Company.

The services of WOPECAR include online car rental, member subscriptions to rent out cars online, tracking and cancellation of online booking, marketing or promotion of online services and other associated services. We provide an online car sharing platform that connects vehicle owners with travelers and locals seeking to rent cars. 

By accessing or agreeing to use the services, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These terms govern your access to and use of the services and constitute a binding legal agreement between you and Wopecar.

These terms, together with Wopecar Privacy Policy, applicable insurance terms and certificates, roadside assistance terms, and the user policies accessible via the Services (the “Policies”) constitute the entire “Agreement” between you and Wopecar  (each  “Party” and together, “the Parties”).

Modification

Wopecar reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Account.

Eligibility, registration, verification

Eligibility

This Service is intended solely for licensed drivers who are at least 21 years old.. 

The Service is not available to any Users previously removed from the Service due to violation of any of our terms, unless a written notice of reinstatement has been given. All Users must pass our Eligibility Requirements and must provide all necessary and complete documentation for determining eligibility throughout your use of the Service, as may be determined and requested in its sole discretion.

Parts of our Service require that you open a user account (“Account”). In order to reserve a vehicle on Wopecar, you will need to apply for a “Riders ” Account. In order to share your vehicle with another User on the platform, you will need to apply for a “Partners” Account. 

Definitions 

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

As used in this Agreement, “Rider” shall mean any User that establishes a “Rider” Account, which would allow such User to reserve a vehicle through or via the Service.

By applying for a Rider or Partner  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. If you are accepted for a Rider and/or Partner 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 Rider or Partner 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 at our sole discretion. Each transaction in which a Rider reserves a vehicle from a Partner via the Service is referred to in this Agreement as a “Reservation”.

Unless you are creating a Business Account, you acknowledge and agree as follows:

1. Your Member Account is for your personal use only.
2. 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 Wopecar immediately of any breach of security or 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 WopeCar your email address, you consent to our use 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 your cell phone number, you consent to our use of your phone number to send you Service-related SMS messages. You may not opt out of Service-related emails or SMS messages.

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. 

Registration

To access certain features of the Services, you must sign up for an account with us. You can do so by;

• providing your first and last name, 
• email address, 
• and creating a password or connecting through an account with a third-party site or service (Facebook, Twitter, etc).  

When you book a vehicle as a client, you provide us with certain additional information about yourself. Similarly, when you list a vehicle as a vehicle owner or Partner, you provide us with certain additional information about yourself and your vehicle(s) (if applicable). You must provide 

1. accurate, current, and complete information during the registration, booking, and/or listing process
2. You must keep your Account up to date at all times.
3. Based on information you provide, we may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements).

Verification

Where permitted, WopeCar has the right, and the obligation, to undertake screenings, checks, and engage in processes Designed to:

 (1) help verify the identities or check the backgrounds of users and driver’s license validity 

 (2) verify vehicle details. We do not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. 

We may in our sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize us (WopeCar) to request, receive, use, and store such information.

Wopecar may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles beyond our policies that require Partners to ensure their vehicles are in safe and operable condition, legally registered to be driven, have a clean title (e.g.with less faults and accident free), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements. 

Payment

General
All payments for Wopecar’s Services shall be made on a daily rate basis and paid at the end of the month. The rates contained herein are all-inclusive of all Services by Wopecar to a third Party under this Agreement. The rate shall not be subject to fluctuations or revision during the term of rental. Unless otherwise specified in this Agreement or in the Lease Agreement, the Company shall receive no additional compensation for general and administrative expenses.
Payment Details
All electronic payments to Wopecar shall be made through Paystack Payment System or other media agreed between the Parties and shall be made in advance.
The Registration of Partners and Vehicles with the Wopecar shall be complete once the Partners and Vehicles details are recorded in the Car listing inventory.
Payment for registration with and Services of WOPECAR does not constitute any payment with the Drivers and Vehicles Licensing Authority (DVLA) of Ghana.
Any default in payment shall be calculated as rent on the Vehicle on a daily basis and 10% per hour if the default exceeds by two (2) or more hours. A case of default may arise where the Client fails to return the Vehicle within the paid or rental time.
Your commitments

You agree that you will always use your Wopecar Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you.

Account Activity. 

You are, and will be solely responsible for, all of the activity that occurs through your Wopecar Account. Keep your Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Wopecar of any actual or suspected unauthorized use of your Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Account unless you have reported unauthorized access to us.

Content 

User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through promotional campaigns, you grant us an irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable right to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to our photography provided to Partners, we do not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Prohibited activities

In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law, including:

• Breach, violate, and/or circumvent any law or regulation, or any order of a court, including but not limited to airport regulations, licensing or registration requirements, or third-party rights.
• Post false, inaccurate, misleading, defamatory, or libelous content.
• Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs Wopecar, or that comes from the Services and belongs to another user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission.

Dilute, tarnish, or otherwise harm the Wopecar brand in any way, including:

• Through unauthorized use of the Services and/or user content.
• Registering and/or using “Wopecar” or derivative terms in domain names, trade names, trademarks, or otherwise.
• Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Wopecar domains, trademarks, taglines, promotional campaigns.

Provide or submit any false or misleading information, including:

• False name, date of birth, driver’s license details, payment method, insurance, or other personal information.
• In relation to a claim (for example about damage to a vehicle).
• By registering for an Account on behalf of an individual other than yourself.
• Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity.

Use the Services for your own unrelated purposes, including to:

• Contact another Wopecar client for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user.
• Commercialize any content found on the Services or software associated with the Services, including reviews.
• Harvest or otherwise collect information about users without their and our consent.
• Recruit or otherwise solicit any user to join third-party services or websites that are competitive to Wopecar, without our prior written approval.

Interfere with the operation of the Services , including by:

• Interfering with any other user’s listings.
• Entering into a transaction with a member of your family, household, friend, colleague, or acquaintance.
• Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam).
• Distributing viruses or any other technologies such as cancel bots, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm the interests or property of others.

Other legal matters

Violations. 

If we believe you are abusing the Wopecar platform, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Account and access to the Services, remove Partnered content, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services.

 Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.

Policy enforcement.

 When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies.

Communication with you. 

In order to contact you more efficiently, you agree that we may at times contact you using  pre recorded messages, calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your Account, Account activity or vehicle availability, investigate or prevent fraud, or communicate urgent messages. We will not share your phone number(s) with third parties for their own purposes without your consent.

Non-disparagement.

The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.

Insurance and protection plans. 

 We are not an insurance company and do not insure Partners or Riders. Partner and Riders protection plans made available through the Services are in no way related. To be eligible for coverage under a protection plan, Partners and Riders must comply with these Terms. Protection plans are available for all our members at their sole discretion.

 

Specific terms for Riders

The following sections also apply if you book a vehicle using the Services:

Riders’ Commitments

As a Rider , you commit that you will be 

• a legally licensed driver and provide proof to the Partner or via the Services of a current, valid driver’s license. 
• You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. 
• You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.

Riders  Financial Responsibility for Physical Damage to the Vehicle

The Riders that booked the trip (“primary Riders ”) are financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary Riders have their own auto insurance or not.

Primary Riders may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle with us, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with us (Wopecar) to make a claim for coverage under any policy of insurance that applies to the loss.

The primary Riders can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan on the Services. Protection plan details and other specifics can be found(COMING SOON).The limitation on the amount a primary Rider  may have to pay out of pocket included in any protection plan only applies 

(1) if the primary Rider and any Approved Driver abide by these Terms and 

(2) to physical damage that is not mechanical or interior damage.

Auto liability insurance

Most Partners offering a vehicle for sharing on the Services cannot offer liability insurance to you. All protection plans offered on the Services include coverage under a third-party automobile liability insurance policy.

If the Rider has their own personal auto policy, it will be primarily over the insurance protection policy depending on various factors such as the package from the insurance company. 

Use of the vehicle

When you book a vehicle on Wopecar, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Bolt or delivering food or other packages). 

You may not access a vehicle until the trip start time and you must return the vehicle on time and to the agreed location. 

You must present Wopecar with a current, valid driver’s license. 

You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. 

Vehicle theft

The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:

• If you fail to return the vehicle you booked at the time and place agreed upon with the Partner and/or designated in your reservation.
• If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services as set forth.
• If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the Partner. Any damage to, or loss or theft of, a vehicle occurring prior to the Partner inspecting the vehicle upon return at the end of the reservation is the Riders ’s responsibility.
• If you misrepresent facts to the Wopecar pertaining to booking, use, or operation of vehicle.
• If the vehicle’s interior components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period.
• If you fail or refuse to communicate in good faith with the police, Wopecar, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism.
• If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of the Partner, or who misrepresents or withholds facts to/from Wopecar material to the booking, use, or operation of vehicle.

Thus, any issue of vehicle theft must go through the proper channel so it can be addressed accordingly. 

Specific terms for Partners

The following sections also apply if you share your vehicle through the Services:

Partner commitments

The Owner agrees to:

• Take all necessary measures to ensure the safety of the Vehicle.
• Guarantee the cleanliness of his vehicle, inside as well as outside.
• Observe all regulations in force and in particular that concerning the retention on board of the Vehicle of a safety vest and a warning triangle.
• Ensure that all special equipment provided in the vehicle complies with safety standards (baby seat, ski door, .etc where applicable).
• Keep the Vehicle in perfect working order, carry out the reviews and maintenance recommended by the manufacturer.
• Carry out an audit when a Client has reported a problem, technical malfunction or vehicle degradation following a Lease.
• Verify that there is no incompatibility between its own insurance contract and the use of the WOPECAR service
• Provide a compliant vehicle description including photos.
• Update the Vehicle Inventory thoroughly and whenever necessary.
• Print and keep an up-to-date copy of the Vehicle Inventory.
• Keep the WOPECAR flyer inside the vehicle’s glove compartment.
• Make sure before each Rent the fuel tank is full.
• Inform the WOPECAR of any particulars related to the use of his vehicle or any information about his parking. This information must be mentioned to WOPECAR via the website and in the glove compartment pouch, clearly visible on the support provided by WOPECAR for this purpose.
• Respond to rental requests within 24 hours.
• It is recalled that the Owner is acting as a professional, remains entirely and exclusively responsible for compliance with the legal, regulatory and ethical obligations that govern his professional practice when renting Vehicles through the Site.
• As a Partner, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates, with a clean (non-salvage/branded/written off) title, and in good mechanical condition. 
• You will provide such a vehicle on time to clients who book directly from the website and are Approved Drivers. 
• You commit that your listings will be complete and accurate and you will honor all representations made in your listings. 
• You will not offer any vehicle or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. 
• You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended.
• You will not offer any vehicle that is the subject of a missing or stolen vehicle report. 
• You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a vehicle that is not roadworthy

Photography

We may offer Partners the option of having photographers take photographs of their vehicles and/or Partners with their vehicles (“Images”). You alone are responsible for using the Images in connection with your Wopecar listing and you agree that you will alert WOPECAR for photo updates where required.

You acknowledge that Wopecar may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. 

Pricing, earnings, and payments

You will have the ability to set and revise the vehicle’s pricing as you choose. Wopecar will pay you the amount collected from Riders that book your vehicle depending on the payment plan you choose, less the applicable fees payable to Wopecar. 

Maintenance

The Owner agrees to:

• Take all necessary measures to ensure the safety of the Vehicle.
• Guarantee the cleanliness of his vehicle, inside as well as outside.
• Observe all regulations in force and in particular that concerning the retention on board of the Vehicle of a safety vest and a warning triangle.
• Ensure that all special equipment provided in the vehicle complies with safety standards (baby seat, ski door, .etc where applicable).
• Keep the Vehicle in perfect working order, carry out the reviews and maintenance recommended by the manufacturer.
• Carry out an audit when a Client has reported a problem, technical malfunction or vehicle degradation following a Lease.
• Verify that there is no incompatibility between its own insurance contract and the use of the WOPECAR service
• Provide a compliant vehicle description including photos.
• Update the Vehicle Inventory thoroughly and whenever necessary.
• Print and keep an up-to-date copy of the Vehicle Inventory.
• Keep the WOPECAR flyer inside the vehicle’s glove compartment.
• Make sure before each Rent the fuel tank is full.
• Inform the Client of any particulars related to the use of his vehicle or any information about his parking. This information must be mentioned to WOPECAR via the website and in the glove compartment pouch, clearly visible on the support provided by WOPECAR for this purpose.
• It is recalled that the Owner acting as a professional, remains entirely and exclusively responsible for compliance with the legal, regulatory and ethical obligations that govern his professional practice when renting Vehicles through the Site.
• You are required to regularly check your vehicle for any defects in its operations or safety.
• You must ensure that your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements.
• You will only list vehicles with a clean, non-salvaged, non-written off, non-washed, and non-branded title. 
• You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked.
• In addition, if Turo believes that your vehicle does not conform to reasonable standards, Turo may notify you and reserve the right to remove or decline listing your vehicle until its concerns have been resolved. 

Reporting vehicle damage

If you did not decline a protection plan made available via the Services, and you believe that a rider has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the trip) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, Wopecar or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If it was, and you did not decline a protection plan made available via the Services, you will be reimbursed for the loss. If we are not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any reimbursement or coverage for such damage.

Liability insurance

All Partner protection plans offered on the Services include coverage under a third-party automobile liability insurance policy.

Missing vehicles

If you selected a protection plan via the Services and your vehicle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the Partner, must immediately contact a Wopecar representative and follow his or her instructions, including cooperating with us, the police, and any other authorities in all related to the investigation of the theft. If you are instructed to file a police report, you must do so within 24 hours of receiving those instructions.

Indemnification of Partner

If you selected a protection plan via the Services, in the event of any claim for a loss or injury that occurs during the use of your vehicle by a client, subject to your compliance with these Terms and the Policies, its insurers will defend and indemnify you, subject to any exclusions or limitations in the policy or policies of insurance contained with the protection plan, against such claims as required by applicable law.

LIABILITY AND INDEMNIFICATION

Partner and Rider shall defend and indemnify Indemnitees against all claims,  demands, losses, costs, liabilities and expenses arising out of damage to a vehicle, injury to or death of any person (including passengers in the Vehicle and pedestrians) or Indemnitees and damage to or  destruction of any property, including property of Indemnitees and contractor arising out of or in connection with this service order, however caused regardless of the active, passive or concurrent negligence or negligence per se of any Indemnitee or others and regardless of whether liability without fault, or breach of express or implied warranty, is imposed or sought to be imposed on one or more of the Indemnitees.
The indemnity of Clause shall not apply where such loss, damage, injury, liability, cost or claim referred to in Clause and is the result of the sole negligence or willful misconduct / wanton and reckless disregard of an Indemnitee upon whom liability is imposed and is not contributed to by any act of, or by any omission to perform some duty imposed by law or contract on Car Owner or Client, its subcontractor or either’s agent or employee; and
Neither party shall be liable to each other for any consequential damages including without limitation loss of profit, loss of production or loss of business opportunity.
11.4 Limitation of Liability of WOPECAR
The Member is informed and acknowledges that WOPECAR liability is limited to the Services provided to its Users, namely the provision of an online platform allowing the rental of vehicles between private individuals and their associated services.
It is specified that WOPECAR, despite the care it takes to try to offer Users verified information and to create bonds of trust between the Members of this community:

1.  the verification checks carried out by WOPECAR during the registration of its members do not guarantee 100% guarantee that the information given by the members within the site at the time of registration is free from error, reliable, or in conformity to reality;

2. is not under any obligation to supervise a Vehicle and cannot bear any responsibility for any technical problem, malfunction, breakdown of a Vehicle leased through the Site that has caused damage to a User or a third party ;

3.  is under no obligation to supervise its Members, the truthfulness, the accuracy of the information they provide in their Personal Accounts, the legality of their practices;

4. shall not be held liable in the event of theft or damage to a Vehicle occurring during a Lease.

WOPECAR declines any responsibility for this fact.
It is recalled that WOPECAR does not guarantee in any case the correct execution of the Rental Contracts concluded between the Members through the Site, each Member remaining strictly responsible for the good execution of its contractual obligations without the responsibility of WOPECAR cannot be sought thereby.
WOPECAR declines any responsibility for installing vehicle tracking devices to track rented vehicles for professional & individual Owners
In any event and in general terms, WOPECAR cannot be held liable in the event of a failure by a User, whether he is the Owner or Client, professional or individual, of the obligations provided for herein General Conditions for the use of the Services and / or the Type Contract, in any capacity whatsoever. 
The Owner using the Service on a professional basis is solely responsible for the special obligations incumbent on him in this respect and in particular for compliance with his identification and prior information obligations, without this list being limiting. The liability of WOPECAR cannot be sought in this respect.
The Member acknowledges:

• That WOPECAR cannot guarantee the permanence of the correct functioning of the Site nor its total computer security;

• That WOPECAR cannot be held responsible for errors, lack of availability of information and/or the presence of viruses within the Site;

• That he will not be able to seek compensation from WOPECAR for any direct or indirect damage of any kind whatsoever resulting from the impossibility of using the Site.

Consequently, the User acknowledges that WOPECAR cannot be held liable for any
 direct or indirect material or immaterial damage, whatever the causes (including 
damage that may be caused by the possible spread of viruses, computer fraud or
 because of the constraints and limitations of the Internet) or the consequences
 resulting from:

• Consultation of the Site, its use;

• the use of the Services deployed via the Site;

User shall not hold Wopecar liable for damage resulting from the breach of any of the 
following:

• Use only on lanes intended for vehicular traffic.

• Do not make any changes to the Leased Vehicle or its equipment.

• Do not use a trailer or other vehicles.

• Observe all applicable regulations and in particular concerning the use of a safety vest and a warning triangle.

• Take care of any special equipment in the Vehicle.

• Report any defects on the Vehicle.

• Check the condition of the vehicle at the beginning and at the end of the rental period.

• Inform WOPECAR of any event (damage, breakdown, theft, accident, damage) as soon as possible.

• Do not entrust the driving of the Vehicle to another driver without the agreement of WOPECAR

• Do not sublease the Vehicle, free of charge or onerous

• Do not use the Vehicle and more generally the Services for illicit purposes.

• Do not use the Vehicle under the influence of alcohol, drugs or any other substance that could impair its ability to operate the Vehicle.

• Do not extend your Rental without the consent of either the Owner or WOPECAR.

• Do not use the Service for professional use, including the use of the Vehicle for the transport of passengers and goods for consideration.

• Parking the Vehicle in places where parking is permitted.

• Make sure it has locked the vehicle doors when parked.

• To take charge of any contravention received during the Rental period or after the Rent in case of removal of the car or contravention resulting from a bad choice of parking at the time of returning the car.

• To bear the costs incurred to replace the keys in case of loss.

• To bear the costs his/her own fuel throughout the duration of renting the vehicle, but will receive a fully fueled vehicle from the Owner

• Return the Vehicle on the date and time agreed during the booking with WOPECAR, and in case of delay inform WOPECAR immediately.

• Pay parking fees during the entire reservation period and in case of overrun during the rental period.

• When driving the Vehicle, the Client agrees to have all the time on his driver's license as well as the papers of the Vehicle.

• The Rider is responsible for the Vehicle for the duration of the Rental and until its complete return. The Vehicle is considered to be returned when the Client has received an electronic valid confirmation (email or text message) of the rental.

The Rider is informed that in the event of violation of the present General Terms and
 Conditions of Services, WOPECAR reserves the right to:

• To close the Client's Personal Account and to exclude the Client from the benefit of the Services;

• to take all steps, actions to preserve or defend its rights as well as that of its Members and Users;

• to demand from the Lessee any compensation for the damage sustained by WOPECAR as a result of this violation.

CONFIDENTIALITY
Partners and Riders agree that Technical Information will be used only for performance of the Service by BIS Digimedia including but not limited to WOPECAR and its features.  Technical Information shall not be disclosed to any third party without BIS Digimedia  express written consent, except that nothing shall in any way restrict or impair the Partner or Rider’s right to use, disclose or otherwise deal with any Technical Information which at the time of the disclosure is
(a) available generally to the public through no act or omission of the Partner or Rider; or
(b) independently made available to the Partner or Rider  by a third party through no breach of this Agreement; provided always Technical Information shall not be deemed to be generally available to the public or in Partner or Rider’s possession merely because it is embraced by a more general disclosure, or derived from a combination of disclosures generally available to the public or in Partner or Rider’s possession.  This provision shall remain in force and effect and binding on Car Owner and Client notwithstanding the termination of this Agreement in all other respects. Multimedia of any form prepared by or delivered to the Car Owner or Client pursuant to this Agreement are proprietary properties of BIS Digimedia and shall not be duplicated or imitated during the course of or upon completion or termination of Service.
APPLICABLE LAW AND DISPUTE RESOLUTION

1. This Agreement shall be governed and interpreted in accordance with the laws of the Republic of Ghana. The Parties agree to submit to the exclusive jurisdiction of the courts of Ghana any disputes or claims arising out of or in relation to this Agreement which cannot be settled amicably through direct discussions by the Parties.

2.  Parties shall also require their subcontractors to comply with such terms and conditions, rules and requirements as contained herein and shall be responsible for ensuring such compliance by their subcontractors, except to the extent that such compliance would be contrary to applicable law.

TERMINATION
BIS Digimedia, at any time and for any reason, may terminate this Agreement in any Service, in whole or in part, by the giving of five (5) days’ notice to Partner or Owner to demobilize and restore.  Except as otherwise provided in this Agreement, in the event of termination of this Agreement, the Parties shall pay all outstanding debts specified in this Agreement and owed by one Party to the other arising from this Agreement.
FORCE MAJEURE

1.  Excuse of Performance due to a Force Majeure Event. Subject to compliance with Clause 

2.  Neither Party is liable for any delay in performing or failure to perform its obligations under this Service Order (excluding indemnification obligations and the obligation to pay undisputed invoices) if, and to the extent that, the delay or failure is caused by a Force Majeure Event. A Party is excused from its performance obligations that are prevented by a Force Majeure Event for as long as the Force Majeure Event continues.

 Notice and Mitigation. If a Party seeks relief from its obligations to perform under Clause, it shall:
(a) Give prompt notice to the other Party, which must include all of the following information:

• The event that the Party considers constitutes a Force Majeure Event and its likely effect on the performance of obligations under this Service Order;

•  A good faith estimate of the duration of the Force Majeure Event;

• The actions being taken (or proposed to be taken) to satisfy Clause 15.2(b).

(b) Make all reasonable efforts, including expenditure of money, to overcome the Force Majeure Event and to mitigate its effects.
(c) If the Force Majeure Event continues, give periodic notices in accordance with Clause (a), with a frequency as directed by the designated Bid Digimedia Representative.
(d) Give the other Party prompt notice at the conclusion of the Force Majeure Event, and resume performance of the Work as soon as reasonably possible after its conclusion.

• Payment Obligation during a Force Majeure Event. Bis Digimedia has no obligation to make payments to Client/Customer under this Service order for Work which Client/Customer is unable to perform because of a Force Majeure Event.

• Failure to Mitigate. If Client/Customer fails to make all reasonable efforts, including reasonable expenditure of money, to overcome the Force Majeure Event and to mitigate its effects within a reasonable time after the Force Majeure Event begins, Client/Customer may, in its sole discretion, take mitigating actions, including hiring third parties to mitigate the effects of the Force Majeure Event. These mitigating actions are the sole financial responsibility of Client/Customer.

SEVERABILITY
If any provision of this Agreement shall be adjudged invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such provision or portion of this Agreement shall be deemed to be omitted and the remaining provisions and portions shall remain in full force and effect.
ENTIRE AGREEMENT
This Agreement sets forth the entire agreement between the parties regarding the Service and no other representations or agreements shall be effective unless in writing, signed by the Parties. Neither this Agreement nor any money due a Party hereunder shall be assigned, sublet or transferred in whole or in part by the crediting Party, except with the prior written consent of the debiting Party. Any consent to assign given by a Party to another Party under this clause shall not relieve the other of its obligations under this Agreement. 
General provisions
Termination
You may discontinue your use of the Services at any time and we may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law.
Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and we may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.
No vehicle transfer or assignment
Except as otherwise provided herein, Riders and Partners agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle or optional Extras shared through the Services.
MISCELLANEOUS
Waiver
Failure by BIS Digimedia to enforce any obligations or rights provided in this Agreement shall not constitute a waiver of such obligation or right.
Language
English language shall be the official language of this agreement; all correspondence notices and other documentation shall be in English language.
Notices

All notices and other communications under this Agreement shall be in writing and shall be delivered by mail, in person or by facsimile to the address of the Parties indicated in this Agreement or provided by the Party via the WOPECAR platforms or to such address as may be specified from time to time by written notice to the other party. Notices shall be effective at the time of receipt at the address and to the attention of the person specified in this Agreement.

Not a rental car company 

We are not a rental car company. We do not own a fleet of vehicles, and are not in the business of renting vehicles to the public. We provide an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms. 

Governing law

The parties agree that the substantive laws of the Republic of Ghana, apply to these Terms and the Agreement without regard to conflict of law provisions.

Severability and non-waiver

In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.

General

The Agreement, including these Terms, states the entire understanding between you and WOPECAR concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent. You will remain responsible for your obligations hereunder in any event.

All notices and other communications under this Agreement shall be in writing and shall be delivered by mail, in person or by facsimile to the address of the Parties indicated in this Agreement or provided by the Party via the WOPECAR platforms or to such address as may be specified from time to time by written notice to the other party. Notices shall be effective at the time of receipt at the address and to the attention of the person specified in this Agreement.