.png){kind=small}
.png){kind=small}
EN
This agreement outlines the terms and conditions ("Terms") for using MAX Last-Mile Delivery Services 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.
1. These Terms are binding on you (the “Subscriber” 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.
3. You must be at least 18 years old and possess a valid Nigerian 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.
6. You understand and acknowledge that MAX Vehicle subscription platform and service (the “Service”) is a rental program, and we offer the Vehicle to you on a rental basis for daily or weekly subscriptions. As a Subscriber, you'll be responsible for making rental payments for a minimum of 6 days per week.
7. By agreeing to these terms and conditions, You agree to irrevocably transfer full and complete legal ownership of all emission reductions generated by or accruing from the use of [Vehicle] to MAX for the entire technical lifespan of [Vehicle] and any extension or renewal thereof.
8. You irrevocably waive the right to submit, seek, request or receive neither from MAX nor 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 the [Vehicle] for the entire technical lifespan of [Vehicle] and any extension or renewal thereof.
9. As Subscriber 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.
10. 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. You agree to execute any additional documentation reasonably required by MAX to perfect or maintain MAX's ownership rights in such emission reductions.
11. By agreeing to these terms and conditions, You agree to irrevocably transfer full and complete legal ownership of the all emission reductions generated by or accruing from the use of energy as provided by MAX via [Charger] to You.
12. 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.
13. 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 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.
14. It is understood and agreed that the issuance to you 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 you do 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.
15. 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.
a) The Subscriber 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 Subscriber picks up the Vehicle or the Vehicle is delivered to the Subscriber. You are required to make daily rental payments (the “Rental Fee”) for the right to continue to retain possession of and use the Vehicle during the agreed period (the “Subscription Period”)
b) The Subscriber shall pay the Rental Fee throughout the Subscription Period, provided that the Rental Fee might be reviewed by MAX and communicated to the Subscriber. In addition to the Rental Fee, the Subscriber shall remit the daily access fee for using the MAX platform.
c) If the Subscriber 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 Subscriber may reapply for a new or refurbished vehicle, subject to availability and standard application procedures.
d) In the event that a Subscriber 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.
c) 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.
d) The Subscriber may elect to accelerate the completion of the Subscription Period prior to the commencement of the revised Rental Fee.
e) You may also return the Vehicle if you do not wish to be subject to and bound to pay the revised Rental Fee.
The Subscriber shall satisfy the following conditions prior to the delivery of the Vehicle:
(i) Payment of Onboarding Fee (if applicable);
(ii) Satisfy all MAX’s KYC and onboarding requirements;
(iii) Provide satisfactory guarantors
(iv)Provide relevant identification, address and banking information.
By taking possession of the Vehicle or retaining possession of MAX’s Vehicle, you irrevocably agree to:
(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.
i. MAX shall undertake the first two (2) maintenance of the vehicle during the Subscription Period, without any additional cost to the Subscriber, which shall be limited to oil change and the associated labour.
ii. The scope of the service shall be communicated to the Subscriber and may be varied from time to time.
iii. All repairs and maintenance beyond the scope of services prescribed herein shall be borne by the Subscriber and carried out with the MAX Mechanic or by an approved service center.
MAX shall provide field support to the Subscriber while carrying out mobility business.
i. Throughout the Subscription Period, MAX shall provide insurance over the Vehicle.
ii. MAX agrees to provide access to health insurance coverage for the Subscriber if in the preceding three (3) months all Rental Fee payments due to MAX have been paid as at when due and without any delay. You can also opt in for health insurance coverage and agree to pay the applicable cost on a daily basis which shall be the Rental Fee applicable to you.
a) The Vehicle shall at all times during the Subscription Period remain the property of MAX or the underlying capital provider.
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 Subscriber’s use of the Vehicle for Authorised Purpose.
i. punctually pay the Rental Fee in accordance with the Terms.
ii. maintain the Vehicle (at his own expense and without effect on his obligation to pay the subscription fees 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 at the attainment of 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 for 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. To operate the Vehicle only between 6am -8pm and in compliance with the mileage limit prescribed by MAX from time to time.
xii. In the case of two-wheelers, ensure that the Subscriber and passengers use MAX-issued helmets.
xiii. To use the Vehicle only within the specified city only.
xiv. to 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. While using the Vehicle, abide by the MAX Policies listed hereunder which shall be communicated to the Subscriber 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, the Subscriber 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 Subscriber;
xiii. Handover of the Vehicle to another person or use of the Vehicle by another person other than the Subscriber;
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 Subscriber proving to be false; eg. breach of any of the Subscriber’s Covenants;
xvii. the Vehicle or any part thereof not being in the unencumbered control of the Subscriber 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 Subscriber;
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 Subscriber, etc;
v. levy and cause the bank account of the Subscriber 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 Subscriber or guarantor from its platform.
viii. Report the indebtedness to the relevant credit reporting bureau.
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 Subscriber may on giving 1-week notice in writing to MAX, terminate this Agreement at any time during the subscription period by returning the Vehicle to MAX on or before the expiry of such notice and paying to MAX all payment which has fallen due and any other amount owing to MAX at the date of such termination.
(b) Upon termination by the Subscriber, the Subscriber shall pay to MAX all outstanding subscription payments due from the Subscriber 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 Subscriber 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 Subscriber 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 Subscriber’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 Subscriber 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 Subscriber 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 Subscriber.
(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 Subscriber and guarantor shall at all times remain personally liable to MAX for any stolen or damaged Vehicle, and as Subscriber 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 Subscriber 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 and the Subscriber shall be liable for any sums expended by the MAX together with all costs and expenses (including legal costs) in connection with remedying the default.
(c) The Subscriber 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 Subscriber 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 Subscriber 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 Subscriber and any other third party.
(j) The Subscriber 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 Subscriber and also consents to and grants MAX the permission to share the Subscribers Personal Data, information and documents with third parties, partners, and affiliates.
(k) The Subscriber 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 Subscribers bank account in accordance with the Global Standing Instruction (“GSI”) mandate signed by the Subscriber.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 Subscriber and any other third party.
(l) The Subscriber 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 Subscriber 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 Federal Republic of Nigeria 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 any dispute amicably within thirty (30) business days of holding negotiations (or for such other reasonable period as may be mutually agreed between the Parties) either party may refer the dispute for resolution by mediation to the State Multi door Courthouse (‘MDC”) and failing the settlement of the dispute within one calendar month the dispute shall be submitted by either party to the arbitration, by serving a notice on the other party.
(d) Nothing in this Agreement shall restrict MAX’s ability to retrieve, reassign or redeploy its Vehicles in the event of a breach by the Champion of any provision of this Agreement.
Terms of Service | Privacy Policy
