Terms of service

Term of Use

Welcome to Garage Mobility Limited. We understand that sourcing for parts and auto maintenance can be tasking, and we are pleased that you have entrusted this with us. These terms (the “Terms”) apply to your use of the GarageOS, any related applications or platforms, and all other online products and services (collectively, the “Service”) of Garage Mobility Limited (“Garage Mobility” “we,” “us” or “our”).

Accepting these Terms

Using or accessing the Service means you agree to be bound by all the terms below. Kindly read all of the terms before you use the Service. If you do not understand a term, please let us know. You may not use the Service if you don't agree to all the terms below. This agreement is entered into between you and Garage Mobility. If you have been provided access to the Service through your relationship with a third-party company, you acknowledge that such company is not a party to this agreement.

Changes to these Terms

It is essential to review the terms regularly to be acquainted with our practices. We may modify or amend these Terms from time to time. For instance, we may change the Terms when introducing a new feature or service. If there are changes to the terms, you will be notified by a revision of the date at the top of the policy, and, in some cases, additional notice will be provided (such as sending you an email notification). Any changes we make to these Terms will take effect on the date it is posted. If you use the Service after posting the changed Terms, you have accepted the changes to these Terms.

For information about how we collect, use and share information about you via the Service, please see our Privacy Policy.

GarageOS Privacy Policy for Location Data

At Garage Mobility, we understand the importance of protecting your personal information, including your location data. This privacy policy explains how we collect, use, and protect your location data when you use our app, GarageOS.

Collection of Location Data

When you use the GarageOS app, we collect your location data to provide you with directions to retailers' shops. This data includes your current location, your destination, and any other location-related information that you provide through the app. We use this data to provide you with accurate and up-to-date directions to retailers' shops.

Use of Location Data

We use your location data to provide you with directions to retailers' shops and to improve the functionality of our app. We may also use your location data to analyze usage patterns and to improve the overall user experience of our app.

Protection of Location Data

We take the protection of your location data very seriously. We have implemented appropriate technical and organizational measures to protect your location data from unauthorized access, use, or disclosure. We also limit access to your location data to authorized personnel who need it to perform their job duties.

Sharing of Location Data

We do not share your location data with any third parties without your consent, except in certain situations where we are required by law or to protect our rights and interests. We may share your location data with service providers who assist us in providing the services of our app, such as providing directions to retailers' shops. These service providers are only permitted to use your location data for the purposes of providing these services and are subject to strict confidentiality agreements.

Your Rights

You have the right to access, correct, and delete your location data at any time. If you wish to exercise these rights, please contact us at support@garagemobility.com.

Changes to this Privacy Policy

We may update this privacy policy from time to time to reflect changes to our practices or to comply with legal requirements. We will notify you of any material changes to this privacy policy by posting the updated policy on our app or website.

If you have any questions or concerns about our handling of your location data, please contact us at support@garagemobility.com.

Description of the Service

Garage Mobility provides a service that connects retailers to distributors and manufacturers of auto parts. Garage Mobility also collaborates with suppliers to provide market insights on products and pricing and manages end to end distribution. Garage Mobility is not liable for the information you share using the Service. For more information about the Service, please get in touch with us at support@garagemobility.com.

Right to Use the Service

Provided that you fully comply with these Terms, Garage Mobility grants you a limited, nonexclusive, non-transferable, and revocable license to access and use the Service. Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Service; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service; (c) disassemble, decompile or reverse engineer any of the software components of the Service; (d) copy, frame or mirror any part of the Service; (e) interfere with or disrupt the integrity or performance of the Service; or (f) attempt to gain unauthorized access to the Service or its related systems or networks.

Creating an Account with Garage Mobility

Immediately you create a user account; you are responsible for maintaining the security of your password and agree to accept all risks that may arise if someone accesses your account without your permission. As a user, you are also aware that a compromised password can lead to your sensitive and personal information being leaked. If you find out or suspect any Service security breaches, do not hesitate to inform us. You affirm that all information you have provided in connection with your account is accurate, truthful, current, and complete. Garage Mobility reserves the right to deny, deactivate, or terminate any account at our discretion.

Integrating a Bank Account

Suppose you use the part of our Services that allows you to interact with a third-party bank account or card account via our Services (“Bank Account”). In that case, you authorize us or our designated third-party service provider to access your Bank Account through the Services on your behalf and to process Bank Account information through the Services. You represent and warrant that you have the right to access and use any Bank Account you have provided and to grant the prior authorization. Garage Mobility uses reliable third-party service providers to connect to financial institutions. Suppose you connect using any of such service providers. In that case, you also agree and acknowledge that the personal and financial information you provide through your financial institution will be treated in accordance with their privacy policies.

Additionally, we may conduct identification verification services using the information you provide. By accepting these Terms, you consent to us verifying your identity using reliable and independent identity service providers.

License

Subject to the terms, conditions, and limitations outlined in the Terms, Garage Mobility grants you a nonexclusive, non-transferable, and revocable license to use Garage Mobility on any mobile device you own or control. The terms of the license will also govern any upgrades provided by Garage Mobility that replace and/or supplement the original Garage Mobility unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

Restrictions

You agree not to do, authorize, or permit any third party to do any of the following: (i) distribute or make Garage Mobility available over a network where multiple devices could use it at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense Garage Mobility (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of Garage Mobility or any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in Garage Mobility. Suppose you violate any of the restrictions outlined in the Terms, your use of Garage Mobility will be terminated immediately, and you will have infringed the copyright and other rights of Garage Mobility which may subject you to prosecution and damages. Garage Mobility reserves all rights not expressly granted to you in the Terms.

Subscription Terms

Subscriptions renew automatically for successive monthly or annual subscription periods (as applicable) until canceled. If you initiated your Garage Mobility subscription through Apple or Google, you could visit their respective support pages online for information about managing your auto-renewing subscription. Cancellations should be made with at least seven days prior notice and, when done, take effect upon the expiration of the then-current subscription period. Cancellations received fewer than seven days before the end of the then-current subscription period are effective at the end of the next subscription period. Garage Mobility Limited may cancel your subscription with or without cause at any time. Suppose Garage Mobility Limited cancels your subscription without cause before the end of your subscription period. In that case, you may be entitled to a refund (prorated for the time remaining on your subscription period). Otherwise, subscriptions are non-refundable except as expressly outlined in these terms. Termination of your Garage Mobility Limited subscription will automatically terminate these Terms.

Fees For Using The Service

While using the Garage Mobility app is free, access to certain features on Garage Mobility Limited Premium is available through a charged fee (the “Subscription fee”). “Garage Mobility Premium” is known as a monthly subscription or prepaid annual subscription. The current amount of the Subscription Fee is disclosed on the Website and in the App. The Subscription Fee may be paid by credit/debit card or through monthly or annual bank debit pursuant to your authorization.

The Subscription Fee is non-refundable, except as otherwise required by applicable law. We may change the amount, frequency, and debit date of the Subscription Fee from time to time at our sole discretion. You will be notified in advance of any change to the Subscription Fee through an email, by posting a notice on the Website and the Application, and/or by any other method permitted by applicable law. By accessing or using the Services after any change to the Subscription Fee takes effect, you agree to pay the Subscription Fee as modified.

You may contact us anytime to cancel your subscription by emailing support@garagemobility.com with your request.

Registering and Account Information

For our compliance purposes and to provide the Services to you, you hereby authorize us (or our third party service providers) to obtain, verify, and record information and documentation that helps us verify your identity and Bank Account details. When you create your Garage Mobility Account, and from time to time thereafter, we may require you to, and you hereby agree to provide and/or confirm information and documentation that will allow us to identify you, such as:

A copy of your government-issued identity card, such as a passport or driver’s license; a copy of a utility bill, bank statement, affidavit, or other bill, dated within three months of our request, with your name and verifiable address on it; and such additional information and documentation that we may require from time to time.

You must provide us with accurate, complete, and up-to-date information for your Garage Mobility Account and your Bank Account, and you agree to update such information as needed to keep it accurate, complete, and up-to-date. We might have to suspend or terminate your Garage Mobility Account if you don't. You agree that you won’t disclose your Account password to anyone, and you’ll notify us immediately of any unauthorized use of your Garage Mobility Account. You also agree not to transfer your Garage Mobility Account to any third party. You’re responsible for all activities under your Garage Mobility Account, whether or not you know about them.

Bank Account Verification

The Bank Account Verification process helps ensure your Bank Account is compatible with Garage Mobility. To successfully verify your Bank Account, we access your Bank Account through our data integration partner(s).

Compliance

In addition to any of your other representations and warranties in these Terms, you represent that: (i) your browser is equipped with at least 128-bit security encryption; (ii) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; (iii) the services you request comply with applicable law; and (iv) your email address on record with us is yours and that email address is accurate and up-to-date.

Tax Estimation

Garage Mobility may provide estimated tax information via the App or Website. This information is based solely on information and data provided by you to Garage Mobility or from third parties with your consent.

The Services provided are not and shall not be deemed legal, financial, accounting, investing tax, or other advice. You should consult legal, financial, accounting, or tax advisors. You agree that Garage Mobility is not acting as your agent or fiduciary in connection with your use of the Services.

Informational Purposes Only

All tools and content provided by Garage Mobility via the Services are for informational purposes only. Garage Mobility does not provide professional or legally binding tax, financial or legal services. The information and tools provided are not professional advice and thus do not give rise to liability for your reliance on any information obtained through your use of the Services (whether provided by Garage Mobility or its users).

Garage Mobility’s Rights

All information, materials, and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content is owned by Garage Mobility and can only be used with permission. You own all of your Content. However, when you post links or otherwise make available Content to the Service, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content throughout the world in any manner or media, on or off the Service. Garage Mobility reserves all rights not expressly outlined in these Terms.

Third Party Materials

We may provide you with third-party content or services through our Services as a convenience to our users (for example, links to third-party websites) ("Third Party Materials"). Our users may also include Third Party Materials in the Content they post to the Service. We do not control or endorse any Third Party Materials, nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties, or representations applicable to any Third Party Materials, are solely between you and the relevant third party. When you leave our Services, you should know that these Terms and all other Garage Mobility policies no longer govern your use of other websites and services.

Personal Data Collected by Third Parties

We may receive Personal Data about you from other sources such as in-app chat support, email, telephone, or from companies that distribute the Services by way of a co-branded or private-labeled website, companies that offer their products and/or services via the Services, or companies that provide services (such as payment processing services) in connection with the Services (collectively, “Channel Partners”). Our Channel Partner may supply us with Personal Data, such as your name and e-mail and mailing address information. We may add this information to what we have already collected via our Services to perform and improve the Services.

This Privacy Policy applies only to the use and disclosure of Personal Data that we collect while you use the Services. Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click such a link, you will leave our site and go to another site. During this process, a third party may collect Personal Data or Anonymous Data from you. Your connection to and use of such third party website and/or services are subject to such third party’s terms and conditions and privacy policy.

Location Information

Garage Mobility collects location information, which will be used and disclosed as outlined in the Privacy Policy. You acknowledge and agree that by accepting the Terms, you consent to Garage Mobility’s collection, use, disclosure, and storage of your location information.

You may revoke your consent concerning Garage Mobility’s collection, use, disclosure, and storage of your location information at any time by contacting support@garagemobility.com and deleting the app from your mobile device. Please note that if you revoke your consent by doing one of the preceding or delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.

If you consent to our collection of location information and you do not subsequently rescind this consent, Garage Mobility will continue to collect this location information. Where consent to collecting location information has been rescinded and later restored, Garage Mobility will resume the collection of location information.

If you have any questions, comments, or concerns regarding these Terms, please contact us at support@garagemobility.com

Feedback

Any suggestions, comments, or other feedback you give us about the Service will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

Relationship with Garage Mobility

Your use of the Services does not create any other type of relationship between you and Garage Mobility, including but not limited to any agency, partnership, joint venture, employment relationship, or any obligations by Garage Mobility to you or any other User except as otherwise expressly stated in these Terms or additional written agreement signed by an authorized agent of Garage Mobility.

Disclaimers

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD-PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS OR AS-AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL, OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD-PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BECAUSE OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL GARAGE MOBILITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR TO THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF GARAGE MOBILITY’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY AMOUNTS PAID BY YOU TO EVERLANCE FOR THE SERVICES.

Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Garage Mobility account.

Changes to the Service

Garage Mobility reserves the right in our discretion to review, improve, change, or discontinue, temporarily or permanently, the Service and/or any features, information, materials, or content on the Service with or without providing notice to you. Garage Mobility will not be liable to you or any third party for any changes or discontinuance of the Service or any part.

Consent to Electronic Communications

By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@garagemobility.com

Suspension and Termination

Garage Mobility may suspend or terminate your rights to access or use the Service for any reason or for no reason at all and with or without notice at Garage Mobility's discretion. All of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account anytime by contacting us at support@garagemobility.com.

Governing Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH GARAGE MOBILITY AND LIMIT HOW YOU CAN SEEK RELIEF FROM GARAGE MOBILITY

In the event of any controversy or claim arising out of or relating to these Terms or the Service, you and Garage Mobility agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not settle within 60 days, then either of us may, by notice to the other, demand mediation under the mediation rules of Lagos State Multi-door Courthouse.

You give up your right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Garage Mobility are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and Garage Mobility intend and agree: (1) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (2) not to assert class action or representative action claims against the other in arbitration or otherwise; and (3) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.

Suppose a settlement is not reached within 60 days after service of a written demand for mediation. In that case, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the Arbitration and Conciliation Act. The language of all proceedings and filings will be English. The arbitrator will render a written opinion, including findings of fact and law, and the arbitrator’s award and/or determination will be binding on the parties and their respective administrators and assigns and will not be subject to appeal.

Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the costs will be otherwise assessed, and the arbitrator may award the prevailing party its attorneys' fees and expenses. The parties intend that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the parties’ rights. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents carried out expeditiously.

General

Enforcement of these Terms is solely at Garage Mobility’s discretion. In some instances, failure to enforce any part of these Terms does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void, or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, "including" means "including (without limitation)." The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation.

NDPR Compliance

Garage Mobility is committed to being compliant with data protection laws.

Any end-user questions, complaints, or claims with respect to Garage Mobility should be directed to: Garage Mobility Limited - support@garagemobility.com