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EN
This agreement outlines the terms and conditions ("Terms") for using MAX Mobility Limited’s (hereinafter referred to as “MAX” or “We” or “Our”) platform to rent a vehicle for the authorised purpose. MAX is a subscription platform designed to empower you with access to various types of two (2) wheeler, three (3) wheeler and four (4) wheeler vehicles as applicable (the “Vehicles”) on a rental basis.
By registering, being verified, undergoing training and being onboarded on our platform, you acknowledge and understand that the Vehicle assigned to you is on a “Rental basis”. By accepting, taking possession, using or retaining possession of our Vehicle you are further re-confirming your acceptance of the Terms.
It is hereby agreed as follows:
Authorized Purpose shall mean the use of the vehicle to provide authorised services with the class of Vehicle within the specified region.
Champion’s Rulebook shall mean the rulebook and any subsequent amendment thereto which stipulates other terms and regulations on the usage of the Vehicle and forms part of this Agreement.
MAX Mechanic shall mean the technician, electrician, vehicle repair workshop approved by MAX for the servicing, repair and maintenance of the Vehicle from time to time.
MAX Welfare Team shall mean any member of MAX staff assigned to the Lessee on the day of execution of this Agreement or such other time as MAX shall decide, for the purpose of providing welfare support to the Lessee during the Lease Period.
Onboarding Fee shall mean the non-refundable fee paid by the Lessee in accordance with the terms of this Agreement as onboarding and guarantor verification fee.
Payment Default means the Lessee failing or omitting to pay the Rent on the Payment Date.
Rent means the sum payable daily on or before 5pm.
1. Words importing any one gender shall include the other two genders; These Terms are binding on you (the “Lessee” or “You”) and MAX, and may be amended by MAX in order to comply with regulatory directives, changes in law and to clarify and introduce provisions which clarify our relationship with you.
2. By registering and using our Vehicles, you agree to these Terms and acknowledge the rental relationship established under this Agreement.
i. singular shall include the plural and vice versa;
ii. A reference to a natural person shall include created entities (incorporated or unincorporated) and vice versa;
iii. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to it as if it were a substantive provision in the body of this Agreement, notwithstanding that it is only in the definition clause;
iv. When any number of calendar days is prescribed in this Agreement, that number of days shall be reckoned exclusively of the first and inclusively of the last day;
v. Expressions or words defined in this Agreement shall bear the same meaning in any Schedules or annexures to this Agreement, which is an integral part of this Agreement; headings in this Agreement have been inserted for convenience only and shall not be used for, nor assist or affect its interpretation; and
vi. Words and expressions defined in any sub-clause shall, for the purposes of the clause of which that sub-clause forms part of, bear the meaning assigned to such words and expressions in that sub-clause.
3. You must be at least 18 years old and possess a valid Ghana driver's license for the class of Vehicle you are renting. Save as provided herein, you are responsible for maintaining the vehicle in good working order/condition, including routine maintenance and repairs. You are prohibited from using the vehicle for illegal activities or in violation of traffic laws.
4. This Contract is solely between yourself and MAX, and no rights can be transferred by you to a third party for any reason, including in the event of death or incapacity.
5. Your contract details as outlined in the Contract Summary Form is personal to you. Leasee to MAX for the entire technical lifespan of (Vehicle) and any extension or renewal thereof.
6. As Leasee and thereafter you agree that MAX will hold full and exclusive legal and equitable title and rights to all and any emission reductions generated by or accruing from the use of (Vehicle) for the entire technical lifespan of (Vehicle) and any extension or renewal thereof, free and clear of all encumbrance for their further perusal by MAX at its own sole discretion.
7. You further agree that this transfer includes all rights to monetize, trade, sell, retire, or otherwise dispose of such emission reductions and any associated carbon credits or environmental attributes.
8. Leasee agree to execute any additional documentation reasonably required by MAX to perfect or maintain MAX's ownership rights in such emission reductions.
9. By agreeing to these terms and conditions, Leasee agrees to irrevocably transfer full and complete legal ownership of all emission reductions generated by or accruing from the use of energy as provided by MAX via (Charger) to You.
10. You irrevocably waive the right to submit, seek, request or receive neither from MAX or from any third parties any recognition of, or legal rights in respect of, the emission reductions generated by or accruing from the use of energy as provided by MAX via (Charger) for the entire operational life of the Charger.
11. Leasee agrees that MAX will hold full and exclusive legal and equitable title and rights to all and any emission reductions generated by or accruing from the use of energy as provided by MAX via (Charger) to You for the entire operational life of the Charger free and clear of all encumbrances for their further use and disposal by MAX at its sole discretion. You further agree that this transfer includes all rights to monetize, trade, sell, retire, or otherwise dispose of such emission reductions and any associated carbon credits or environmental attributes.
12. It is understood and agreed that the issuance to Leasee by MAX of a Vehicle is subject to the clear understanding that the Vehicle belongs at all times to MAX, and in the event of your failure to make payment of Rental Fee (as defined below) for a period of two (2) consecutive days and after which the Leasee does not return the Vehicle to MAX, it shall be deemed and construed that you have intentionally decided to terminate the rental and unlawfully convert, steal, holdover or otherwise deal with the Vehicle. MAX shall have the authorization to take steps to notify law enforcement authorities that its Vehicle is missing and you (and your Guarantor) shall be criminally liable as stated above.
13. The criminal liability provided herein shall not exempt you from making payments of any overdue Rental Fee or amount lost by MAX during the period of your illegally holding on to the Vehicle including for loss or damage to the Vehicle or any part thereof.
14. You acknowledge that any act of tampering with, removing, disabling, or altering any component, tracker, or identifying feature of the Vehicle, or any act resulting in the loss, theft, or unauthorized transfer of possession of the Vehicle, shall constitute a criminal offence and a material breach of this Agreement.
15. In such circumstances, you shall be personally and fully liable for the total purchase and repair cost of the Vehicle, together with any associated recovery, legal, and administrative expenses incurred by MAX. MAX reserves the right to initiate criminal proceedings and take all necessary civil recovery actions to enforce its rights.
a. The Leasee is agreeing to subscribe to a rental of the Vehicle (with details outlined in the Contract Summary Form) pursuant to the Terms herein contained. This Agreement shall commence on the date the Lessee picks up the Vehicle or the Vehicle is delivered to the Lessee and shall last for the agreed number of months or for a shorter term that the Lessee may opt for (“Lease Period”) subject to the provision of earlier termination as provided in this Agreement
b. The Leasee shall pay the Rental Fee throughout the Subscription Period, provided that the Rental Fee might be reviewed by MAX and communicated to the Leasee. In addition to the Rental Fee, the Leasee shall remit the daily access fee for using the MAX platform.
c. If the Leasee becomes ill or incapacitated and the Contract expires during this period, no extensions or special considerations will be granted upon the deactivation of the Subscription and termination. The Leasee may reapply for a new or refurbished vehicle, subject to availability and standard application procedures.
d. In the event that a Leasee is an expectant mother or new mother, MAX will upon receiving notification (and in its discretion) provide support to assist such eligible persons to maintain their income source during pregnancy and early motherhood.
a) Rental Fee payments accrue and are due daily or at the end of such period as agreed in writing, and failure to make a payment constitutes a default. We reserve the right to take necessary actions in case of default, which may include de-activation, retrieval and recovery of the Vehicle. You may be liable for the cost and charges we incur in the event of a recovery. We may also terminate this Agreement.
b) In the event of a delay beyond forty-eight (48) hours in making any payment due under this Contract, MAX shall be entitled to impose default penalty on the same until such payment is made or to exercise its right to de-mobilise or recover the Vehicle.
a. MAX may revise the Rental Fee payable daily/relevant period for the Vehicle. In such event, you shall be given notice of at least two (2) weeks before such price change shall take effect.
b. The Leasee may elect to accelerate the completion of the Subscription Period prior to the commencement of the revised Rental Fee.
c. You may also return the Vehicle if you do not wish to be subject to and bound to pay the revised Rental Fee.
(i) Payment of Onboarding Fee.
(ii) Satisfy all MAX’s KYC and onboarding exercises.
(iii) Provide satisfactory guarantors
(iv)Provide relevant identification, address and banking information.
(a)Comply with applicable traffic law and ensure the Vehicle is only used for an authorised lawful purpose.
(b) Not remove, replace or destroy any component of the Vehicle including batteries, chargers or any other parts of the Vehicle.
(c) Notify MAX within three (3) days of the change in any of your information provided to us, including your physical address, mobile phone number and email.
(d) Notify us if you are asked to pay or you paid any Rental Fee payment to a third party.
(e) Visit our office to clarify any information or request made to you.
(f) Pay any Rental Fee due into only a designated bank account of MAX and not to an individual account or to a third party.
a) The Vehicle shall at all times during the Lease Period remain the property of MAX and the underlying capital providers.
b) MAX shall be entitled to use the Vehicle for any purpose whatsoever, and install whatever device or equipment that may be required for its business provided any such usage or installation does not interfere with the Leasee’s use of the Vehicle for Authorised Purpose.
c) MAX in accordance with this Agreement, may introduce, mandate or deploy additional processes, measures and requirements on the Lessee to assure the payment of the Rent and any other obligation due from the Lessee to MAX under this Agreement.
Routine.
i. The scope of the service shall be communicated to the Lessee and may be varied from time to time.
ii. All repairs and maintenance beyond the scope of services prescribed herein shall be borne by the Lessee and carried out with the MAX Mechanic or by an approved service center.
(a)Emergency response services.
MAX shall provide field support to the drivers during their operations.
(b) Vehicle Insurance
i. Throughout the Lease Period and until the return of the Vehicle or the Vehicle is purchased by the Lessee, whichever is earlier, MAX shall provide 3rd Party insurance over the Vehicle.
i. punctually pay the Rent in accordance with the terms.
ii. maintain the Vehicle (at his own expense and without effect on his obligation to pay Rent hereunder) in good and serviceable repair and conditions (fair wear and tear excepted) and replace all missing damaged or broken parts with parts of equal quality and value and keep the Vehicle free from distress, execution or any other legal process.
iii. deliver the Vehicle to MAX for periodic maintenance after a mileage specified by MAX.
iv. provide the Vehicle for inspection upon 24 hours’ notice by MAX.
v. not permit the Vehicle to be used or handled by third parties without the consent of MAX or to be used for any purpose for which the Vehicle is not designed or reasonably suitable.
vi. not permit any technician or person other than those designated by MAX to repair or service the Vehicle or any part thereof.
vii. not without MAX’s written consent, make any alterations, additions or improvements to the Vehicle. All engineering modifications and improvements that are required for the maintenance and the operation of the Vehicle shall belong to and become the property of MAX upon the expiration or earlier termination of this Agreement unless otherwise agreed.
viii. not hold himself out as the owner of the Vehicle or sell, offer for sale, assign, pledge, charge or otherwise encumber the Vehicle or any part thereof, or create or permit to exist any lien on the Vehicle or any part thereof.
ix. use the Vehicle in compliance with all laws and regulations governing the use of vehicles in Nigeria.
x. use the Vehicle only for the Authorised Purpose.
xi. operate the Vehicle only between 6am -8pm and in compliance with the mileage limit prescribed by MAX from time to time.
xii. ensure that the Leasee and passengers use MAX-issued helmets, in the case of two-wheelers,.
xiii. use the Vehicle only within the specified city only.
xiv. be fully liable for stolen and damaged parts of the Vehicle, as well as for loss/theft of the Vehicle.
xv. comply with the Champion Rule Book and other requirements.
xvi. abide by the MAX Policies listed hereunder while using the Vehicle, which shall be communicated to the Leasee at onboarding including the Non-discrimination/gender policy; Grievance policy; Modern slavery/forced labour/child labour policy; Anti-bribery and corruption policy; and Health and safety policy.
xvii. provide MAX with updated information on his physical address, mobile phone number, email and other information.
xviii. Deliver the Vehicle to MAX’s location when such notification is received from MAX.
While renting the vehicle, you are solely responsible for its care and safekeeping. You are liable for any damage or loss to or of the Vehicle during the Subscription Period and until you deliver possession back to MAX.
a. MAX maintains and expects strict compliance with its operational guidelines and conditions. Prior to taking possession of the Vehicle, MAX has provided you detailed training on these guidelines and conditions. We expect that you shall at all times comply with same. We do not condone violence or threats against MAX’s staff and agents or on our premises. In the event of any incident involving you, MAX reserves the right to immediately terminate this Agreement, the rental use right for the Vehicle granted under these Terms.
b. You are required to successfully complete MAX’s comprehension test in respect of the Terms of the Contract and MAX will retain records of these test scores indicating your clear understanding of the provisions of this Contract. MAX may periodically request that you undertake such additional tests and procedures in relation to the Contract, health and safety and other matters connected with your rental of the Vehicle.
i. You acknowledge that any act of tampering with, removing, disabling, or altering any component, tracker, or identifying feature of the Vehicle, or any act resulting in the loss, theft, or unauthorized transfer of possession of the Vehicle, shall constitute a criminal offence and a material breach of this Agreement.
ii. In such circumstances, you shall be personally and fully liable for the total purchase and repair cost of the Vehicle, together with any associated recovery, legal, and administrative expenses incurred by MAX. MAX reserves the right to initiate criminal proceedings and take all necessary civil recovery actions to enforce its rights.
a. reported accidents provided that the incident has been confirmed by the MAX and the Vehicle approved for repair by a MAX Mechanic
b. inactivity due to the ill health of the Lessee provided that the Lessee obtains approval from the MAX Welfare Team after informing and providing evidence of ill health to the MAX Welfare Team;
where the Vehicle has been impounded due to no fault of the Lessee, and the inactivity has made it impossible for the Driver to generate revenue with the Vehicle, provided that where the seizure is as a result of the Lessee’s fault, the Rent payment shall not be suspended
i. The Lessee fails to pay the subscription fee or the access fee when due;
ii. driving without the required permit or licence;
iii. failure to provide the Vehicle for scheduled maintenance with MAX Mechanics and accredited workshops;
iv. operating the Vehicle outside the designated city/ state or location or operational hours without MAX’s consent.
v. using the Vehicle for any illegal purpose;
vi. using the Vehicle or allowing the Vehicle to be used as security for a loan, debt or financial transaction;
vii. altering the Vehicle in any manner without the consent of MAX;
viii. destruction, tampering or damage to parts, functionalities and devices on the Vehicle;
ix. collusion or conspiracy to steal the Vehicle or other vehicles of MAX;
x. negligence leading to loss of the Vehicle;
xi. violence against MAX’s staff/agent or on MAX’s premises;
xii. use of the Vehicle as collateral or in satisfaction of the payment of any debt by the Leasee;
xiii. Handover of the Vehicle to another person or use of the Vehicle by another person other than the Leasee;
xiv. Failure to notify MAX of any accident or damage to the Vehicle;
xv. Using the Vehicle outside of the specified city;
xvi. any material representation made by the Leasee proving to be false; eg. breach of any of the Leasee’s Covenants;
xvii. the Vehicle or any part thereof not being in the unencumbered control of the Leasee unless MAX shall have given its prior written consent.
i. Notify law enforcement for investigation (where applicable)
ii. recover possession of the Vehicle without further recourse to the Leasee;
iii. terminate this Agreement;
iv. recover any Rental Fee due but unpaid, a penalty of 5% on any outstanding subscription due and any cost incurred for the repossession of the Vehicle from the Leasee, etc;
v. levy and cause the bank account of the Leasee and or guarantor to be charged with outstanding amount, charges, fees and other cost;
vi. take any other lawful steps to recover any outstanding subscription payment and other fines, cost and fees.
vii. Blacklist the Leasee or guarantor from its platform.
viii. Report the indebtedness to the relevant credit reporting bureau.
(b) MAX may in the alternative give notice to the Leasee to remedy the default within two days from the day of the notice, failing which MAX may terminate this Agreement and recover the Vehicle.
(c) The termination of this Agreement and/or the recovery of the Vehicle shall not extinguish any liability of the Leasee in respect of outstanding payments.
(d) MAX may in its absolute discretion, waive any or all its rights in the occurrence of any event of default, provided that any such waiver of one or more rights shall not be construed as a waiver by MAX to enforce any other rights as it may deem fit under this clause.
We shall not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with your use of the Vehicle.
a. Provided no Event of Default has occurred, the Lessee may on giving 1 week notice in writing to MAX, terminate this Agreement at any time during the Lease Period by returning the Vehicle to MAX on or before the expiry of such notice and paying to MAX all Rent which has fallen due and any other amount owing to MAX at the date of such termination.
b. Upon termination by the Lessee, the Lessee shall pay to MAX all outstanding Rent due from the Lessee, including defaults and any associated cost of recovery and other estimated amounts necessary to rectify any damage to the Vehicle.
a. It is expressly agreed that no condition, warranty or representation of any kind has been or is given by MAX, its employees and agents with respect to the Vehicle. The Lessee acknowledges that he has examined the Vehicle and that it is in good condition.
b. MAX makes no warranty, express or implied, course of dealing, course of performance, usage of trade or otherwise, and expressly excludes and disclaims all warranties and representations of any kind, including any warranties of merchantability and fitness for a particular purpose.
c. The Lessee agrees that MAX shall not be liable for any liability, claim, loss, damage or expenses of any kind or nature caused directly or indirectly by the Vehicle or any part thereof or by any inadequacy thereof for any purpose or any deficiency or default therein. In no event shall MAX be liable for any indirect, special or consequential loss or damages arising from Lessee’s use of the Vehicle, including but not limited to loss of profits and loss of revenue, even if informed of the possibility of such damages.
d. The Lessee agrees to indemnify and hold MAX or its employees, representative and agents harmless from and against all liabilities, actions, claims, damages, expenses costs and demands whatsoever arising directly or indirectly out of this Agreement or the implementation thereof or because of any loss injury or damage suffered by any person from the Vehicle and against any other proceedings or liabilities whatsoever arising directly or indirectly in respect of the Vehicle.
a. MAX shall be entitled to assign or charge this Agreement or any of its rights hereunder.
b. The Lessee shall not assign or charge this Agreement or any of its rights hereunder .
(a) Any notice or other communication to be given hereunder shall be sufficiently served if sent by registered post recorded delivery, text message, phone call, email or delivered by hand to the address of the party concerned as aforementioned in this Agreement or to such other address as may be notified for the purpose.
(b) Notices available at the offices of MAX are also deemed to have been communicated to the Leasee.
(c) In case of unforeseen circumstances that prevent timely return, you are obligated to communicate with MAX immediately. If your subscribed vehicle is lost or stolen, you must immediately report the incident to the police and notify MAX, and provide all relevant information or documents.
(d) It is your responsibility to ensure that your contact information with MAX is up to date and you may provide alternate contact numbers where you can be reached.
(a) The Leasee and guarantor shall at all times remain personally liable to MAX for any stolen or damaged Vehicle, and as Leasee you are obligated to make yourself available to MAX and to law enforcement authorities for investigation and retrieval of the stolen/missing Vehicle.
(b) If the Lessee fails to comply with any provision of this Agreement, MAX shall, without being in any way obliged to do so or responsible for so doing and without prejudice to the ability of MAX to treat such non-compliance as an Event of Default effect such compliance on behalf of the Lessee, whereupon the Lessee shall become liable to pay immediately any sums expended by the Lessor together with all costs and expenses (including legal costs) in connection therewith.
(c) The Lessee shall be liable to pay all costs and expenses (including legal costs) incurred by MAX in enforcing the provisions of this Agreement or in ascertaining the whereabouts of the Vehicle or in recovering the Vehicle from the Lessee or any other person, firm, authority or company and any cost of repairs or replacement of parts of the Vehicle.
(d) No right or remedy conferred upon or reserved by MAX in this Agreement shall be exclusive of any right or remedy herein contained or provided by law, and all such rights and remedies shall be cumulative and shall be exercised as often and, in such order, shall be deemed expedient by MAX and the exercise or beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other power or remedy.
(e) No delay, indulgence, or omission in enforcing any of the provisions of this Agreement or the granting of time by MAX to the Leasee shall prejudice affect or restrict the rights and powers of MAX or operate as a waiver of any subsequent breach or any continuing breach thereof.
(f) In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The Parties further agree that in the event, such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
(g) This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications.
(h) This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
(i) Nothing herein contained shall be deemed or construed to create a partnership joint venture, agency or employment relationship between the Parties. This Agreement shall operate independently of any agreement entered into between the Leasee and any other third party.
(j) The Leasee hereby allows and consents to the collection, processing, accessing, using, storing, disclosing, transferring or otherwise process (collectively, “Process” or “Processing”) any such Personal Data of the Leasee and also consents to and grants MAX the permission to share the Leasees Personal Data, information and documents with third parties, partners, and affiliates.
(k) The Leasee acknowledges and agrees that the subscription fee ( as well as any default fees, charges, default fee or cost) due to the Company during the Subscription Period may be charged against the Leasees bank account in accordance with the Global Standing Instruction (“GSI”) mandate signed by the Leasee.
(l) The Leasee hereby agrees to be fully liable for all expenses and losses associated with Vehicles in their custody (including for damaged parts, stolen parts, licences fines, recovery fees), and the Leasee shall remain fully liable in the event that the Vehicle is stolen or untraceable.
(a) This Agreement shall be governed by and construed in accordance with the laws of the Republic of Ghana and the obligations, rights, and remedies of the Parties hereunder shall be determined in accordance with such laws without giving effect to conflict of laws principles thereof.
(b) The Parties shall endeavour to resolve any dispute arising out of or connected with the interpretation, or any allegation or actual breach of this Agreement amicably by mutual consultation.
(c) Where the Parties are unable to resolve disputes amicably within seven (7) days, the matter shall be subject to litigation at the relevant Court or court assisted mediation.
(d) Nothing in these terms and condition shall restrict or limit the right of MAX to retrieve or recover its vehicles from erring or defaulting champions.
c. No right or remedy conferred upon or reserved by MAX in this Agreement shall be exclusive of any right or remedy herein contained or provided by law, and all such rights and remedies shall be cumulative and shall be exercised as often and, in such order, shall be deemed expedient by MAX and the exercise or beginning of the exercise of any power or remedy shall not be construed to be a waiver of the right to exercise at the same time or thereafter any other power or remedy.
Terms of Service | Privacy Policy
