Wop3Car|Rental

BIS DIGIMEDIA – WOP3CAR TERMS AND CONDITIONS

BIS DIGIMEDIA LIMITED (hereinafter “BIS Digimedia /the Company”) is a company incorporated under the laws of Ghana with its registered place of business at 205/5 2nd Emmause Ln, Labone, Accra in the Republic of Ghana.

WHEREAS:

  1. The business of Bis Digimedia includes but is not limited to offering of services related to and sharing of Vehicles and the creation, operation and management of Wop3car application/website; a flagship franchise of the Company;
  2. The services of Wop3car include online car rental, member subscriptions to rent out cars online, tracking and cancellation of online booking, marketing/promotion of online services and other associated services.

NOW THEREFORE, in consideration of the mutual promises set out in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree to be bound by the terms of this Agreement

  1. DEFINITIONS, INTERPRETATION AND ORDER OF PRECEDENCE

    1. Definitions

In these Terms & Conditions of Use, capitalized words or phrases shall have the following meanings:

Agreement: is these Terms and Conditions of Service, the Memorandum of Association of Bis Digimedia, duly executed Lease Agreements and all attached appendixes.

Application and Website: means to the Wop3car mobile application and web link offered by Bis Digimedia, allowing Members to use the rental service and in particular.

Car Owner: means any owner of a Vehicle, registered with the Wop3car Services in order to rent its Vehicles. It can be either a natural person or a legal person. Where the Owner is a professional or a legal entity, it is solely responsible for compliance with the legal and regulatory obligations relating to the rental of his vehicle (s).

Client: means the driver who has enrolled in the WOP3CAR Service in order to rent Vehicles.

Customer Service: means the customer service provided to Users of the Site and the Services, available six days a week and twelve hours a day by Users for any assistance request in connection with their use of the Site and services.

Hubtel Payment System: means Hubtel Payment System, a provider providing the secure online payment solution available within the Site and enabling clients to pay for their Rentals. Gomani Payment System is a company offering online payment services, covering Visa, Mastercards and mobile money transactions.

Indemnitees(s): means Bis Digimedia, and collectively and individually and any director, agent, representative or employee of any of them but does not include contractors or subcontractors of any tier of the foregoing.

Insurance Event: means any damage, breakdown, theft, accident during the Rental Period of the Vehicle.

Inventory: means the record of damages found on a Vehicle. This register, accessible in electronic format, is handed over to the Client before each rental and serves as a reference to the inventory of take-over at the beginning and at the end of the lease. The registrar shall contain the particulars of the persons who shall possess and drive the car including name, contact information and valid driver’s license (and in case the car will be driven out of the country). 

Lease Agreement: means any contractual document relating to the rental of a Vehicle that would be entered into between a Client and Car Owner.

Member: means a person who has registered with the Site.

Party: means an entity entering into an agreement with Bis Digimedia and is bound by these Terms and Conditions.

Personal Account: means the personalized interface to which each Member has access by virtue of his/her registration with the Wop3car Service, having identified itself on the Site and in which:

    1. The Client may reserve Vehicles; and
    2. The Car Owner may manage the rental of his Vehicle, including his availabilities and location.

Private Mode: means a mode of operation of the Service according to which the Car Owner determines himself within his Personal Account the Client authorized to rent his Vehicle.

Rental: means the rental by a Client of a Vehicle owned by and subject to a Car Owner.

Service: means all services offered by Wop3car to its Members through the Site.

Site: means the website operated by Wop3car and accessible at https://www.Wop3car.com

Standard Contract: means the document pre-filled by Wop3car on a reservation constituting the Default Rental Agreement between the Client and the Car Owner.

Terms and Conditions of Service: means these terms and conditions of use intended to guide the use by Members of the Services offered by Wop3car.

User Guide: means the documents to be provided by the Owner within the Vehicle's glove compartment for each Rental including a copy of the Vehicle's vehicle registration card, the Vehicle Insurance, a copy of Wop3car Service agreement to be signed upon car delivery.

Vehicle (s): means one (or more) Vehicles registered and offered for hire within the Site by an Owner.

    1. Interpretation

In this Agreement, the following rules of interpretation shall apply unless the context otherwise requires:

      1. The headings in this Agreement are for convenience only and shall not affect its interpretation.

      1. All references contained herein to Recitals, Clauses, Sub-Clauses and Schedules shall refer to the corresponding Recital, Clause, Sub-Clause or Schedule of this Agreement unless specific reference is made to a Recital, Clause, Sub-Clause or Appendix of another document or instrument.

      1. Words importing the singular meaning include the plural meaning and vice-versa and words importing one gender shall include the other genders.

      1. A reference to a law or to any agreement (including this Agreement), document, instrument, statute or statutory provision is a reference to that law or to that agreement, document, instrument, statute or statutory provision as from time to time amended, re-enacted, replaced, substituted, assigned, novated, supplemented, consolidated or otherwise transferred, whether before or after the Execution Date (in each case, other than in breach of the provisions of the law, agreement, document, instrument or statute).

      1. Any reference to a law includes without limitation a common or a customary law and any constitution, decree, judgment, legislation, order, ordinance, regulation, statute, treaty or other legislative measure, in each case of any jurisdiction whatever (and lawful and lawfully shall be construed accordingly).

      1. References to include, including or in particular are to be construed without limitation.

      1. Unless otherwise provided herein, the monetary amounts set forth herein are expressed in Ghanaian Cedis (GH).

      1. Unless otherwise specified, all periods of time shall be based on, and computed according to, the Gregorian calendar, and reference to a time and date in this Agreement shall be construed as a reference to the time of day in Accra, Ghana.

      1. Nothing in this Agreement is to be interpreted against a Party solely on the ground that the Party put forward this Agreement or a relevant part of it.

    1. Order of Precedence

The appendixes, attachments and schedules annexed hereto are an integral part of this Agreement and all references to this Agreement shall be deemed to include all such appendixes, attachments and schedules, unless such reference specifically provides otherwise. In the event of a conflict between any of the following incorporated documents, they shall take precedence in the order listed below:

      1. Memorandum of Association of Bis Digimedia
      2. Terms and Conditions
      3. Lease Agreement

 

  1. PAYMENT

2.1 General

All payment for Company’s Services shall be made on unit rate basis. The rates contained herein are all-inclusive of all Services by Company to a 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.

2.2 Payment Details

2.2.1 All electronic payments to Company shall be made through Gomani Payment System or other media agreed between the Parties and shall be made in advance.

2.2.2 The Registration of Car Owners and Vehicles with the Company shall be complete once the Car Owners and Vehicles details are recorded in the Car listing inventory

2.2.3 Payment for registration with and Services of WOP3CAR does not constitute any payment with the Drivers and Vehicles Licensing Authority (DVLA) of Ghana.

2.2.4 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 return the Vehicle within the paid or rental time.

 

  1. SCOPE OF SERVICE

    1. General

The Service to be performed by the Company under this Agreement includes all works necessary and incidental to the creation, operation and management of WOP3CAR application and website as further described in this Scope of Service. The Company shall perform all works necessary to complete the optimization of the Scope of Work.

    1. Detailed Scope of Service

The Car Owner and the Client warrant that they shall perform the Service under this Service Order, stated hereunder with the technical competence, management skills and competent personnel necessary to carry out its obligations as applicable in the motor and driving industry and that all services shall be performed in a professional, diligent, workman-like manner.

The Company shall manage and handle all administrative functions related to Car Owners, Vehicles and Clients relevant to the execution of the Service.

The Company may, on a periodic basis, provide information as to routes travelled, mileage, repair works and other details of the details of a Vehicle upon request by a Party.

The Wop3car Service shall be made available eight (8) hours a day and six (6) days a week. Company shall ensure that the Service is available and provide appropriate alternatives in default of this to meet the needs of the other Parties.

3.3 Description of Services

Wop3car provides Users of its Site with a Vehicle Rental Service, allowing Owners to lease their Vehicle to Clients through the Site.

This includes, for each lease operated through the Site, the following Associated Services:

3.3.1 the provision of a standard lease;

3.3.2 rental booking by clients

3.3.3 booking tracking & cancellations

3.3.4 the provision of a secure payment service;

3.3.5 the use of a Customer Service

3.3.6 The Services accessible to Members within the Site allow

3.3.6 a) Owners to:

i. inform within their Personal Account the dates and places of availability of their Vehicles as well as the description of the Vehicle before publication of their announcement on the Site;

ii. manage the rental of their Vehicles through the provision of an online form;

iii. rent their Vehicles & have a record of rental time, for Vehicles ;

iv. rent their Vehicle without having to move to hand over the keys, to clients;

v. rent their Vehicle with the certainty that the Client will be adequately covered by an appropriate insurance in case of damage caused to the Vehicle or road accident;

3.3.6 b) Clients to:

i. search for vehicles at desired locations, dates, schedules and rent prices;

ii. access information about Available Vehicles;

iii. rent a Vehicle without having to record mileage and rental time for Vehicles;

iv. rent a Vehicle without having to meet the Owner to exchange keys, for Vehicles;

3.3.7 Conditions of Access to Services

3.3.7.1 Conditions of eligibility for Services

3.3.7.1.1. Eligibility for Clients

To be eligible for Wop3car Services, the Client declares and warrants:

    1. have held a driving licenses;
    2. no aggravating claim in the past thirty-six (36) months;
    3. have not been terminated by an insurer in the last thirty-six (36) months;
    4. have had a maximum of one (1) Responsible Insurance event in the past 5 years;
    5. have had no offense in the past twelve (12) months resulting in a withdrawal of drivers license.

The Client undertakes to report without delay any change likely to affect its eligibility for the Services and not to use the Services if it no longer meets the criteria set out above.

Wop3car reserves the right at any time to solicit from the Client that it furnishes him with any document likely to demonstrate that he is still eligible to benefit from the Services, which the Client acknowledges and accepts.

The Client declares on his honor that the information concerning him is accurate. It acknowledges and agrees that any misrepresentation and false information may in particular result in its exclusion from the benefit of the Services subscribed to.

3.3.7.2 Conditions of eligibility for the Owners and their Vehicle (s)

To be eligible for the Service, the Owner represents and warrants that:

    1. He is the sole owner of the Vehicle, as indicated on the vehicle registration card, or if the Vehicle is leased, the leasing company authorizes it to use the Service.
    2. The Vehicle is insured in its name.
    3. The technical control of the Vehicle is carried out and up to date according to the regulations in force.
    4. The Vehicle is in perfect working condition and is maintained regularly according to the manufacturer's recommendations.
    5. The Vehicle is maintained in good internal and external cleanliness.
    6. He has a double of his car keys which he keeps in a safe place.

 

3.3.7.3 In addition, the Vehicle must be a maximum of 10 years (unless otherwise accepted by Wop3car) and fall into one of the following categories:

i. The Vehicle equipped with a tracking system must be parked in places or parking lots that are free of access for Clients, i.e. parking areas that do not require access, code, key or permit to the Client. This excludes a locked space or a paying location unless it is already supported (for example, with a Vehicle-related subscription). If the parking is underground, it must be a place where the Internet and mobile networks work.

ii. If the parking space is to be paid for, the owner is responsible for the payment of this parking outside the reservation times of his vehicle.

iii. The Owner undertakes to report without delay any changes likely to affect its eligibility for the Service and not to use the Services once it no longer meets the criteria set out above.

iii. The Owner declares on his honor that the information concerning him and those relating to his Vehicle is accurate. It acknowledges and agrees that any misrepresentation and/or false information may in particular result in its exclusion from the benefit of Wop3car in connection with the Services and to render it ineligible for them.

Wop3car reserves the right at any time to solicit the Owner to provide him with any document proving that his Vehicle and himself meet the conditions of eligibility defined in this article, which the Owner acknowledges and accepts.

Upon registration, the Owner undertakes to inform his status as a professional (rental provider) or individual.

The Owner must be identified as such on the Site and must fulfill all obligations, including prior disclosure obligations under the applicable laws and regulations. Wop3car makes available to Professional Owners/Rental providers, upon request, the tools it has available on the Service to facilitate their compliance with the specific obligations to which they are subject.

In particular, Wop3car indicates the Professional Owners/Rental providers by the mention of a "Rental Vehicle" in the text of their advertisement. Unless otherwise ordered by them, the Owners take over or determine the information concerning the rates and conditions proposed on the Service.

3.3.8 Terms of Service

Registration for the Wop3car Service is made online from the Site or the Wop3car Application.

Registration and use of the Services requires a computer, a tablet or a telephone with Internet access. When registering, the Member must provide information about his identity and upload the following documents:

(i) For Clients:

  • A double-sided copy of their driver's license;
  • A proof of residence of less than 3 months (invoice for electricity, water or telephone in the name of the Client or, where applicable, accompanied by a declaration on the honor of the addressee of the invoice, attesting that the Client lives at home).
  • In the case of tourist, a copy of your passport and international drivers license. Copy of hotel reservations if lodging in a hotel or alternatively an ID copy of your host if lodging with someone.
    1. For Owners:
  • The information of the last technical inspection carried out on the Vehicle;
  • The inventory of the Vehicle;
  • Proof of Comprehensive Insurance cover of the vehicle;
  • Photos of the Vehicle.

The Member warrants that the data it communicates is accurate. In this regard, Wop3car reserves the right at any time to request the Member to provide any supporting document relating to its identity.

As soon as it is registered on the Site, the Member has a login and a password which will enable him to connect to his Personal Account.

These identifiers and passwords are strictly personal and confidential and must not be communicated or shared with third parties.

The Member undertakes to ensure that its identifiers do not violate in any way the rights of third parties and are not racist, anti Semitic, xenophobic, defamatory or morally wrongful.

The Member undertakes to inform WOP3CAR without delay if his identifier and password are likely to be used by a third party.

3.3.9 Validation of entries by WOP3CAR

i. In order to guarantee quality service and maintain a high level of confidence among the members of its community, Wop3car has chosen to set objective, demanding, transparent and non-discriminatory eligibility criteria.

ii. In order to ensure the eligibility of Users for the use of the Services, the latter are in particular obliged to provide Wop3car with supporting documents during their registration process.

iii. Wop3car undertakes to make its best efforts to ensure that Users comply with these eligibility requirements and, in particular, to verify the information provided by Users (verification of information included in the driver's license, verification of telephone or postal contact details, etc.) before validating the requests addressed to him.

iii. If necessary, Wop3car contacts the User directly in order to validate and finalize his registration.

iv. If there is any doubt as to the seriousness and reliability of the User at the origin of the request for registration (lack of production of the requested supporting documents, inconsistencies between the information provided and the supporting documents transmitted, erroneous coordinates, etc.) WOP3CAR reserves the right to refuse a registration dossier or to put it on hold in order to allow the User to make the necessary adjustments.

WOP3CAR reserves the right to put a registration dossier on hold if the density of Members registered around this address is not yet sufficient to operate the Service.

THE USER HAS BEEN INFORMED AND ACKNOWLEDGES THAT THE AUDIT CONTROLS USED BY WOP3CAR DO NOT ALLOW A 100% GUARANTEE THAT THE INFORMATION INFORMED BY THE MEMBERS IN THE SITE WHEN REGISTERED ARE ERROR-FREE, RELIABLE, OR STILL CONFORMED TO REALITY.WOP3CAR DISCLAIMS ALL LIABILITY IN THESE RESPECTS.

Consequently, the User is informed and acknowledges that the role of WOP3CAR is limited to:

    1. the establishment of eligibility criteria likely to create bonds of trust between the Members of his / her community;
    2. the validation of Members' entries on its Site with regard to these criteria and the supporting documents submitted by the Members.

The User is informed that once the subscription to the Services has been validated:

Members are obliged to inform Wop3car of any information likely to jeopardize their eligibility for the Services;

Wop3car reserves the right to carry out spot checks with Members in order to ensure that they always fulfill the conditions of eligibility for the Services and, if necessary, to withdraw the Vehicle from the Service.

If Wop3car is able to carry out, on an ad hoc basis, checks on the information provided by its Members by requesting, for example, the production of new supporting documents, it cannot proceed to a regular and systematic verification of the reliability and seriousness of the profiles of its members OF THE INFORMATION WHICH THEY HAVE INFORMED.

In any event, the choice of renting a Vehicle from a Client and / or the choice of borrowing a Vehicle from an Owner is the sole responsibility of the Members, it being specified that at no time will WOP3CAR:

    1. does not replace the Owners when validating the reservations made on their Vehicle with a view to a Rent;

ii. does not interfere in the choice of a Vehicle by the Clients for a Rental.

3.3.9 Personal Account Features

The Personal Account allows:

(i) Owners to track and manage Vehicle Rentals in:

  • including information on availabilities, delivery addresses;
  • having access to rental history;
  • Simplified payment system by clients

(ii) Clients can:

  • Reserve Vehicles for rental;
  • Have access to the history of their Rentals and payments made.
  • Share feedback and comments about their experience
  • Monitor and cancel unplanned bookings
  • Make payments directly online or cash if online payment doesnt apply
  • may at any time view and print in his Personal Account:
  • manage the data associated with his / her Account and those resulting from the use of his / her Account, in particular his proofs of payment, the detail of his Rentals realized through the Site;
  • have access to the copies of the supporting documents which it has transmitted to WOP3CAR through the Site at the time of its registration.

3.3.10 Vehicle Inventory

Wop3car will manage an inventory of all registered vehicles on the website. The inventory will include;

    1. Review of vehicles listed
    2. Vehicles available for both self-drive and driver options
    3. Vehicles available with only driver option
    4. Cancelled bookings & rebookings
    5. Manage the availability of vehicles on website by collaborating with Owners

 

  1. ACCEPTANCE, BOOKING AND RENTALS

Acceptance of these Terms and Conditions shall be made by accepting these Terms and Conditions online after identification within the Site.

The Member accepts and acknowledges that the activation of his username and password as well as the various clicks activated within the Site and in particular its Personal Account constitute irrefragable proof of its identification and acceptance of the full terms of these Terms and Conditions and of Gomani Payment System as well as any modification of these contractual documents, and constitutes its electronic signature.

As such, the Member accepts and acknowledges that the online registers administered to Wop3car and its service providers which will be kept under reasonable conditions of security and considered as evidence of communications, exchanges and in particular acceptance of these Terms and Conditions, are binding and irrevocable in their contractual relationship with Wop3car.

Accordingly, in the absence of a serious and manifest error by Wop3car and proven by the Member, Wop3car will not be able to challenge the admissibility, validity or probative value of the information in electronic format or medium from Wop3car's computer systems on the basis of which would specify that certain documents must be written or signed to constitute evidence.

The data produced by Wop3car's computer system constitutes evidence and, if it is produced as evidence by Wop3car in any litigation or other proceeding, shall be admissible, valid and enforceable in the same manner, under the same conditions and with the same applicability that any document that is established, received or retained in writing.

4.1 The Services shall be used in accordance with their intended purpose as described in these Terms and Conditions. It is the responsibility of each User to ensure:

4.1.1 The adequacy of the Services to its needs, in particular on the basis of the information and documentation contained on the Site;

4.1.2 It has the necessary rights and/or authorizations for the use of the Services;

4.1.3 Vehicles uploaded on website are fully comprehensively insured for clients so as to cover damages or risks

4.1.4 Wop3car is not liable to any damage, theft or risks for any vehicle since it is a prerequisite that vehicles uploaded are insured as stated in 4.1.3

4.2 The User is informed of the constraints and limitations of the Internet network, in particular in terms of:

4.2.1 Data transmission and possible data impairment;

4.2.2 Unguaranteed continuity in access to the Site or the various features offered by the Site;

4.2.3 Technical constraints that are not under the control and responsibility of Wop3car.

In no event shall Wop3car be liable for any or all of these risks and their adverse consequences for Users.

It is the responsibility of each User to take all appropriate measures to protect his or her own data, computer and software and hardware from contamination by viruses or other forms of attacks, which may occur through the Site.

The User can not avail himself of any difficulty of access to the Site and its Services, the information that it contains or its functionalities.

4.3 Availability of a Rental Contract between the Owner and the Client

For each Rental, a Lease Agreement is automatically entered into between the Owner and the Client for the purpose of framing the rental conditions of the Vehicle.

Within the framework of the Services, a Standard Contract is made available to the Members within the Site in order to facilitate the operation of the Rentals.

The Standard Contract shall consist of:

(i)  These Terms and Conditions,

(ii) The information provided by the Client and the Owner in their Personal Account and sent by e-mail to the Owner and the Client for acceptance.

Upon confirmation of a reservation, WOP3CAR will make available to the Owner and the Client a standard contract with the following information:

The mobile phone numbers of the Owner and the Client;

The data relating to the Client's driving license

Booking start and end times as well as availability for next client;

The client address provided for the start and return of the Vehicle;

4.4 The Inventory of the Vehicle.

Each Member expressly consents to the transmission of its data to an Owner or Client for the purpose of drawing up the Rental Agreement, in particular the transmission of his marital status, address and telephone number.

In this regard, the User is reminded that according to the status of the Owner of the Vehicle, the rules and provisions governing the Rental intervened through the Site are not the same.

Users are reminded that:

    1. the Site has been designed to facilitate rental of Vehicles between individuals;
    2. if the rental of Vehicles is also open to professionals, the latter are solely responsible for the conformity of the rental contract concluded with the clients to the legal obligations to which they are responsible in the course of their activity.

Each Member shall be expressly informed and acknowledges that:

    1. the Services provided by WOP3CAR are for the sole purpose of facilitating the Rent between Owners and Clients;
    2. the Owner has deposited the Vehicle's Keys in the glove compartment to allow the Rental and not to have contacted the WOP3CAR Customer Service to request cancellation of the Rental constitutes acceptance of the Standard Contract and application of its provisions to the contractual relationship between the parties.

4.5 Vehicle Inventory

For each Rental, the Inventory of the Vehicle is transmitted to the Client electronically with the Rental Contract. In some cases, a copy may also be available in the Vehicle's glove compartment. Where there is a difference between the printed version and the electronic version, only the version transmitted electronically shall prevail.

The Client undertakes to check the interior and exterior condition of the Vehicle at the beginning of each Lease.

The fact that a Client starts the Vehicle without first contacting WOP3CAR to notify him of any discrepancies between the Inventory of Places transmitted by electronic means and the actual condition of the Vehicle constitutes acceptance of the Inventory of Places transmitted electronically and means that it is the only valid reference in the event of a claim or litigation.

If the Client disputes the Vehicle Inventory, the Client must obtain the Owner's agreement through WOP3CAR before starting the Vehicle. He must not drive the Vehicle without having obtained a confirmation from WOP3CAR that the change of State of the place has been registered. Failing this, the inventory initially sent to the Client electronically will be deemed accepted by the Client.

Similarly, at the end of the rental, the Client undertakes to check the condition of the Vehicle and to declare any damage by contacting WOP3CAR. Thereafter, the Owner will inspect the Vehicle before re-using it. The fact for a Owner to start his Vehicle after a rental without contacting WOP3CAR means that he has checked and accepted the condition of the Vehicle.

If the Owner finds any damage that has not been declared by the last Client, it is imperative to contact WOP3CAR before starting the Vehicle. The Owner is entirely responsible for checking the vehicle once returned and ensuring that his/her insurer takes the right steps in managing the damage. WOP3CAR is under no circumstances responsible for vehicle damages but should be informed once a Clients faults and causes a damage to a vehicle.

4.6 Vehicle Theft Assistance

WOP3CAR undertakes to make its best efforts to assist the Owner in the event of theft of his Vehicle during a rental period, in particular by providing any supporting documents, data or information that may be useful to enable the Owner to deposit complaint and prosecute as a result of this offense, to the extent permitted by law. Owner if a business is entirely responsible tracking and monitoring the vehicle while it is been used by a Client. The Owner if an individual and does not have a tracking system in place will be provided with a driver for the Client.

4.7 Reservation Process  

1. The reservation of a Vehicle requires the prior connection of the User to his/her Personal Account.

2. Once connected to the Site or Mobile Application, the User selects a Vehicle available at the desired dates and times.

3. The User confirms his Reservation by clicking on the “CONFIRM “button.

The Member may, at any time before the confirmation and validation of his Reservation:

    1. access a summary of its Reservation;
    2. have access to these General Conditions of Use of the Services or to the General Conditions of Rent;
    3. verify the contact information (billing address) that it has filled in, the dates and times provided and correct any errors;
    4. estimate the amount of its rental.

This validation is proof of the validation by the User of the reservation made and of the eligibility of the sums due in execution of the said reservation, as well as the full and unreserved acceptance of the whole of the present General Conditions of Use and the General Rental Conditions.

4. The User will receive an email and text message (some cases) confirming that his / her Booking has been taken into account, including a copy of the Leasing Agreement framing the Rental, and the copy of the General Conditions of Use of the Services applicable on the day of his reservation.

Payments made within the Site are entrusted to the secure online payment platform GOMANI. These payments are secured by a solution that offers highly secure pages for entering payment data: card number, expiration date and visual cryptogram.

This platform encrypts and then transmits these payment data to the bank, in total confidentiality and makes them inaccessible to a third party.

Members undertake to settle the Rentals made through the Services provided by WOP3CAR via the secure online payment solution, published by GOMANI and placed at their disposal within the Site.

When a User carries out a search to rent a Vehicle, the Rental Offers that will appear in search results are listed in order of priority according to:

Their availability at the dates and times indicated, or, when no date is given, their immediate availability;

Owners undertake to settle WOP3CAR in cases where a Client selects a cash payment option instead of the online payment provided by HUBTEL. Payment to HUBTEL is expected to be made within 3 business days or at most by the end of that immediate week.

For rentals of less than one week:

Upon termination of the Lease, the Client's bank account is automatically debited, the WOP3CAR service fee is automatically paid into the bank account of WOP3CAR while the income of the Owner is automatically credited to his bank account without passing through the WOP3CAR account.

For rentals of more than one week:

The User is informed that in case of Rent of more than one week, the payment of the Rent is split and realized at each weekend of hiring.

The Client is informed that payments made online are made immediately as part of the booking process. In cases where payment is made by cash, Clients are expected to make payments on delivery of the vehicle by the Owner.

4.8 Penalties

4.8.1 Penalties due in the event of non-return of the Vehicle by a Client

The Client will be charged an extra fee for every extra hour of exceeding the agreed booking return time. The penalty fee for Individual Owners is 10% per every extra hour exceeded.

A Rental Owner may apply its own penalty fee charges per its policy, hence Clients are to inform WOP3CAR where applicable any changes they may like to make to their agreed booking.

The Client is informed that any unauthorized delay in the return of the Vehicle will automatically entitle WOP3CAR to a penalty of GHs50 (Does not apply to an hourly rate of delay) to cover the administrative processing costs caused by this delay for WOP3CAR.

4.8.2 Penalties due to return of a dirty Vehicle or in a degraded state by a Client

The Client is informed that in case of return, at the end of a Rent, a Vehicle dirty or in a degraded state, it will be:

To reimburse the Owner of all expenses incurred by the latter for the restoration of his Vehicle (cleaning, repairs, painting, etc.) on presentation of proofs by the latter;

The Client will not be required to reimburse the costs of rehabilitation and payment of these penalties if he is able to demonstrate that he is not responsible for the state of dirt of the Vehicle or the degradation of the Vehicle.

4.8.3 Penalties due to cancellation of booking both prior to reservation date and during rental period

The client will be charged a 5% rate on booked vehicle if the client decides to cancel the booking and does not do that 24hrs prior to booked time

The client will be expected to pay a charge of 5% on total booking provided car is returned before the agreed period stated in the Lease Agreement for both parties

4.9 Customer service

For any question, during or with a Rental, Services or Site, the User may contact Customer Service if he so wishes:

(i) by mail to the following address:

info@Wop3car.comWOP3CAR

 (ii)through the online contact form available under "Contact Us"                   [https://www.WOP3CAR.com/contacts/new ]

(iii) through WOP3CAR social media channels;

Facebook: @Wop3car.com

Instagram: @Wop3car

Twitter: @info_Wop3car

 

  1. WARRANTY AND OBLIGATIONS

5.1 Owner's Responsibilities and Obligations

5.1.1 Availability of Vehicle

In order to ensure the quality of the Service, which depends to a large extent on the actual availability of the Vehicles, the Owner agrees to make his Vehicle available for Rental, once contacted with the Clients information and location for delivery

WOP3CAR makes available to Owners several means of putting a Vehicle on availability, of which, includes providing an updated inventory to WOP3CAR on a weekly bases. Vehicles may be made available at the address of home, office, holiday or other parking address of the Client.

5.1.2 Vehicle Safety and 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 WOP3CAR 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 WOP3CAR 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 WOP3CAR via the website and in the glove compartment pouch, clearly visible on the support provided by WOP3CAR for this purpose.
  • Respond to rental requests within 24 hours.
  • It is recalled that Owner acting as a professional that he 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.
  1. CHARTER OF QUALITY AND GOOD CONDUCT

The quality of service expected by both WOP3CAR and its Members implies adherence to certain values of responsibility, mutual trust and civic responsibility. In the service of this quality requirement, WOP3CAR allows any Member to report to him any behavior or remarks of a Member which appear to him to be detrimental to the image or the object of the WOP3CAR Services. As a result, Members acknowledge and agree that their behavior within the Service may be subject to reporting by other Members and moderation or control by WOP3CAR on the basis of criteria objective assessment. WOP3CAR reserves the right to terminate the registration of a Member which does not fully comply with its obligations of good conduct and whose behavior would be such as to be capable of breaking the bond of trust between the Members.

  1. INTELLECTUAL PROPERTY

7.1 Trademarks, logos, distinctive signs

The names "WOP3CAR", "BIS Digimedia Ltd", and all logos, slogans, registered and unregistered trademarks and the distinctive signs represented on the Site are the exclusive property of WOP3CAR and / or its partners (unless otherwise stated). Any use, reproduction and/or modification made without the prior written consent of WOP3CAR is strictly prohibited and constitutes an act of infringement.

Nothing contained on this Site shall be construed as the transfer or grant in any form of any license or right to use any of these elements without the written permission of its or its owner (s).

7.2 Content of the Site and Services

The Service has been designed, developed and implemented by WOP3CAR, which holds the intellectual property that is recognized by each Member.

The Member acknowledges that all content available on the Site, including but not limited to texts, graphics, photographs, drawings, sounds, data, images, audio and video, but also the Site tree, the logos, the design and organization of its headings, titles, databases, structure and contents belong exclusively to WOP3CAR or its partners.

No reproduction and/or representation, partial or complete, may be made without the prior written consent of WOP3CAR.

The content of the Site and the use of its Services and features, protected by law and in particular by the provisions of the Intellectual Property Code, are exclusively for the personal information and use of the Member who is entitled to private, non-collective and non-exclusive use.

Except as expressly authorized in advance by WOP3CAR, all reproductions, representations and uses other than those referred to above are prohibited, in particular:

(i) any adaptation, making available to the public at its request or not, distribution, rebroadcasting in any form whatsoever, networking, public communication of all or part of works, services, trademarks and all elements protected or protection by intellectual property law accessible within the Site;

(ii) any extraction or re-use, including for private purposes, of a substantial part of the content of the databases constituted within the Site;

(iii) any repeated or systematic extraction or re-use, even for private purposes, of a non-substantial part of the content of the databases constituted within the Site;

(iv) any link, access, modification, addition, deletion that affects the automated editing system of the online edition and modifies the publication conditions or the editorial policy.

7.3 Owner Rental Offers

The Owner grants to WOP3CAR, free of charge, for the duration of the legal protection of the royalties and for the whole world, a license to use on all the texts and photographs that took of his Vehicle illustrating its offers of Rentals hosted within the Site, with a view to:

  • their reproduction in whole or in part within the Site or any communication made by WOP3CAR;
  • of their technical adaptation for the purposes of integration within the Site and of putting on line;
  • their dissemination and provision of the Users within the Site.
  • In this regard, the User guarantees the Company:
  • that it has the necessary rights and / or authorizations relating to copyright or other intellectual and / or industrial property rights possibly attached to its texts and photographs;
  • in general terms, that the concession granted hereunder and the contributions to which it relates do not contravene any legal and regulatory enactments in force or any privately owned rights of third parties.
  • The User undertakes, where appropriate, to indemnify WOP3CAR for any loss directly or indirectly related to the breach of this guarantee.

7.4 Hypertext links

7.4.1 From the Site

WOP3CAR does not verify or select the contents and sites that may be linked to the Site and is in no way responsible for the content of the sites to which links are made.

Their presence does not in any way mean that WOP3CAR adheres or validates their content or accepts any liability for the content or use of such third party sites.

The User accesses the third party sites under his sole and complete responsibility, including when links have been proposed from the Site.

7.4.2 To the Site

Any implementation of a link to the Site requires the express prior authorization of WOP3CAR which can be solicited at the following email address: info@Wop3carWOP3CAR.com

Unsubscribe - Closing the Personal Account

WOP3CAR reserves the right to close any Personal Account and consequently to refuse any rental to a Member in the following cases:

  • default of payment of one or more Prior Rent,
  • misuse, fanciful or fraudulent use of the Rental Service offered on the Site or that does not comply with any of the obligations of the Member defined in these Terms.

Generally, the Member is informed that he/she is being able to unsubscribe at any time through his/her Personal Account.

In the event of the closing of the Personal Account under the aforementioned conditions, the Member will receive an e-mail at the address communicated at the time of the creation of his Personal Account informing him of the deactivation of his identifier and his password and the closing of his Personal Account.

7.5 Protection of personal data and management of cookies

The measures implemented by WOP3CAR regarding the protection of personal data and the management of the cookies of the Users are described in the Privacy Policy accessible under the link https://www.WOP3CAR.com/privacypolicy

7.6 Changes to the GCU

WOP3CAR reserves the right to modify at any time these Terms and Conditions and agrees to inform Members of any changes.

In case of modification, access to the WOP3CAR Site will become possible only after acceptance of the modifications.

For any claim related to the use of the Site, its content, its Services and in general any dispute or dispute in connection with the execution of these General Terms of Use, the User may contact WOP3CAR in writing:

  • by sending an email to the following address: info@Wop3car.com
  • by sending a message on the site through the contact us page
  1. BUSINESS PRINCIPLES

It is BIS Digimedia’s obligation to carry out its mission efficiently, effectively and profitably.

    1. BIS Digimedia recognizes responsibility towards:
      1. Shareholders to safeguard their investment and assets, and provide the targeted return;
      2. Clients to deliver cars of the desired quality;
      3. Employees to provide good and safe conditions of work, good and competitive terms and conditions of employment, and to promote the development and best use of human talent;
      4. Contractors, suppliers and other service providers to seek mutually beneficial relationships and to promote the application of these principles; and
      5. Society to conduct our business in a socially responsible manner, to observe the laws of the countries in which we operate, and to give high regard to road safety and the environment.
    1. BIS Digimedia will conduct its business, and BIS Digimedias employees, agents and representatives will conduct themselves, honestly, ethically, fairly and with integrity at all times, and will expect the same from all those with whom they do business.

    1. BIS Digimedia will implement and adhere to high standards of business controls and risk management, including the maintenance of the integrity of its accounting records and the reliability of its financial reporting.

    1. When dealing with governments, BIS Digimedia has the right and responsibility to make its position known on issues which affect it, its employees, customers or shareholders, or on matters affecting the community where it has a contribution to make.

    1. BIS Digimedia will, subject to any overriding considerations of business confidentiality and cost, maintains an open, comprehensive and proactive communications with legitimately interested parties about its activities.

  1. HEALTH, SAFETY AND ENVIRONMENT POLICY

9.1 General

Car Owner and Client shall comply with the following Independent Contractor Health, Safety and Environment Guidelines during the use of the Service. These guidelines are to be considered as minimum standards. Car Owner and Client shall implement additional measures, as necessary, to assure exemplary driving health, safety and environmental protection. Car Owner and Client’s compliance with these guidelines in no way reduces or restricts Car Owner’s or Client’s status as an independent contractor or Car Owner’s or Client’s liability and indemnity under this Agreement.

9.2 Traffic and Vehicles

9.2.1 All Parties shall observe the posted speed limit, or if not posted, a safe speed in light of existing conditions.

9.2.2 Car Owners and Clients shall ensure that all Vehicles are maintained in safe operating condition.

9.2.3 Car Owners shall ensure that Vehicles shall be equipped with appropriate seat belts for driver and passengers. No Party is obliged to ensure that ensure that Vehicle seat belts are always used.

9.3 Smoking

9.3.1 Except in designated authorized areas, Smoking is prohibited in all areas containing crude oil or fuel storage especially fueling stations.

9.4 Matches and Lighters

"Strike anywhere" matches and plastic disposable lighters shall not be carried or used in hazardous areas. Safety matches are preferred, but motor rules shall apply, and control in case of conflict.

9.5 First Aid

Car Owners shall provide their own first aid kit for vehicles, equipment, and supplies unless otherwise agreed with the Company in writing.

9.6 Firefighting

Car Owners shall ensure that Vehicles are equipped with approved fire extinguishers.

  1. DRUG ALCOHOL AND SEARCH POLICY

The Policy of BIS Digimedia regarding illegal drugs and controlled substances, alcoholic beverages, and firearms is:

The use, possession, distribution, purchase or sale of any illegal drugs or other controlled substances by any person while in possession of a Vehicle registered with Wop3car is prohibited.

The use of any illegal drug or other controlled substance or alcohol which causes or contributes to unacceptable driving performance or unusual job behavior is prohibited.  Being under the influence of alcohol while on in possession of a Vehicle registered with Wop3car is prohibited.

The use, possession, transportation, or sale of explosives, unauthorized flammable materials, firearms, or other weapons with a Vehicle registered Wop3car is prohibited.

The unauthorized use, possession, transportation, or sale of alcoholic beverages by Car Owner or Client, its subcontractor or assignee using a Vehicle registered with Wop3car is prohibited.

All Parties and Party assignees shall abide by this Policy. Any person violating this Policy shall be considered to have committed a material breach of this Agreement and the Agreement terminated accordingly. BIS Digimedia reserves the right to deny future access to Wop3car Services and to share information to the appropriate local law enforcement authorities upon request.

In support of this Policy, BIS Digimedia shall comply with duly authorized requests to conduct searches and tests as and when required by law:

Definitions

As used herein, "controlled substance" specifically includes opiates, including heroin; hallucinogens, including marijuana; cocaine; PCP; and prescription drugs, including amphetamines, benzodiazepines and barbiturates, which are not obtained and used under a prescription lawfully issued to the person possessing them or which are not authorized by Medical Staff; and any other substance prohibited  under applicable law.

As used herein, controlled substance or alcohol "test" means any test using blood, urine, breath or other samples to determine the presence of controlled substances or alcohol in the body.

As used herein, "under the influence of alcohol" is defined as having a blood alcohol concentration of 0.04% BAC or above.

  1. LIABILITY AND INDEMNIFICATION

11.1 Car Owner and Client 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.

11.2 The indemnity of Clause 11.1 shall not apply where such loss, damage, injury, liability, cost or claim referred to in Clause 11.1 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-

11.3 Neither party shall be liable each to the 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 WOP3CAR

The Member is informed and acknowledges that WOP3CAR's 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 WOP3CAR, despite the care it takes to try to offer Users verified information and to create bonds of trust between the Members of his community:

11.4.1 the verification checks carried out by WOP3CAR 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;

11.4.2 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 ;

11.4.3 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;

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

WOP3CAR declines any responsibility for this fact.

It is recalled that WOP3CAR 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 WOP3CAR cannot be sought thereby.

WOP3CAR declines any responsibility for installing vehicle tracking devices to track rented vehicles for professional & individual Owners

In any event and in general terms, WOP3CAR 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 WOP3CAR cannot be sought in this respect.

The Member acknowledges:

  • That WOP3CAR cannot guarantee the permanence of the correct functioning of the Site nor its total computer security;
  • That WOP3CAR 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 WOP3CAR for any direct or indirect damage of any kind whatsoever resulting from the impossibility of using the Site.

Consequently, the User acknowledges that WOP3CAR 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 Wop3car 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 WOP3CAR 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 WOP3CAR
  • 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 WOP3CAR.
  • 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 received a fully fueled vehicle from the Owner
  • Return the Vehicle on the date and time agreed during the booking with WOP3CAR, and in case of delay inform WOP3CAR 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 Client 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 Client is informed that in the event of violation of the present General Terms and Conditions of Services, WOP3CAR 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 WOP3CAR as a result of this violation.
  1. CONFIDENTIALITY

Car Owner and Client agree that Technical Information will be used only for performance of the Service by BIS Digimedia including but not limited to WOP3CAR 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 Car Owner’s or Client’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 Car Owner or Client; or

(b) independently made available to Car Owner or Client 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 Car Owner’s or Client’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 Car Owner’s or Client’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 propriety properties of BIS Digimedia and shall not be duplicated or imitated during the course of or upon completion or termination of Service.

  1. APPLICABLE LAW AND DISPUTE RESOLUTION

13.1 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.

13.2 Parties shall also require 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.

  1. TERMINATION

BIS Digimedia, at any time and for any reason, may terminate this Agreement in and any Service, in whole or in part, by the giving of five (5) days’ notice to Car Owner or Client 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.

  1. FORCE MAJEURE

15.1 Excuse of Performance due to a Force Majeure Event. Subject to compliance with Clause 15.2, 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.

15.2 Notice and Mitigation. If a Party seeks relief from its obligations to perform under Clause 15.1, it shall:

(a) Give prompt notice to the other Party, which must include all of the following information:

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

(2) A good faith estimate of the duration of the Force Majeure Event;

(3) 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 15.2(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.

15.3 Payment Obligation during 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.

15.4 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.

  1. SEVERABLITY

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, or by binding arbitration, 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.

  1. 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.

  1. MISCELLENOUS

    1. 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.

    1. Language

English language shall be the official language of this agreement; all correspondence notices and other documentation shall be in English language.

    1. 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 WOP3CAR 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.

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