Last Revised: December 28, 2021
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
The Services are intended solely for persons who are 18 or older, however this may differ across regions as legally required. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.Registration
Where permitted, Aufera has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver's license validity and (2) verify vehicle details. Aufera does not endorse any vehicle, user, or a user's background, or commit to undertake any specific screening process. Aufera may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Aufera to request, receive, use, and store such information. Aufera may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. Aufera may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.Consumer Report Authorization. When you attempt to book or list a vehicle, or at any time after where Aufera reasonably believes there may be an increased level of risk associated with your Aufera Account, you hereby provide Aufera with permission to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.
The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. Hosts can view earnings on the Wallet. When you provide Aufera a payment method, you authorize Aufera, or third-party service providers acting on behalf of Aufera, to store your payment credential for future use in the event you owe Aufera any money. You authorize Aufera to use stored payment credentials for balances, including for Trip costs, host fees, and guest fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances. Any use of referral travel credit is governed by the terms and conditions outlined in here.Collections of fees
Aufera and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Aufera, or the collection agencies we retain, may also report information about your Aufera Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your Aufera Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges.Taxes
In certain jurisdictions, Aufera may enable the collection and remittance of certain taxes from or on behalf of guests or hosts, based on existing and future tax regulations, including marketplace facilitator or car sharing regulations. The amount of taxes, if any, collected and remitted by Aufera will be visible to, and separately stated, to both guests and hosts on their respective trip related documents and invoices. Where Aufera is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their vehicle sharing in that jurisdiction.
You agree that you will always use your Aufera Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Aufera. Account Activity. You are, and will be solely responsible for, all of the activity that occurs through your Aufera Account. Keep your Aufera Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Aufera Account, whether or not you have authorized such activities or actions. You will immediately notify Aufera of any actual or suspected unauthorized use of your Aufera Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Aufera Account unless you have reported unauthorized access to us.
Aufera Content and User Content License. Subject to your compliance with the provisions of these Terms, Aufera grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Aufera and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Aufera or its licensors, except for the licenses and rights expressly granted in these Terms. User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through Aufera promotional campaigns, you grant Aufera a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to Aufera photography provided to hosts, Aufera does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content. Copyright Protection. We respond to notices of alleged copyright infringement and terminate Aufera Accounts of repeat infringers according to the copyright protection laws of the Federal Republic of Nigeria. If you think a user is violating your copyright(s) and want to notify us, you can let us know via [email protected].
In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:Violate any law, including:
Violations. Aufera has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.
Aufera reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Aufera, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing Aufera, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Aufera Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Policy enforcement. When an issue arises, we may consider the user's performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Communications with you. In order to contact you more efficiently, you agree that we may at times contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your Aufera Account or Aufera Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Aufera is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize Aufera and its service providers, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Aufera or its agents for quality control and training purposes. You acknowledge and understand that your communications with Aufera may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through [email protected].
Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.
Insurance and protection plans. Aufera is not an insurance company and does not insure hosts or renters. Host and renter protection plans made available through the Services are in no way related. To be eligible for the benefits of a protection plan, hosts and guests must comply with these Terms. Protection plans are available through the our insurance partners. Please refer to the specific terms for guests and specific terms for hosts sections below for additional information based on the nature of your use of the Services.
The following sections also apply if you book a vehicle using the Services:Guest commitments
As a guest, you commit that you will be a legally licensed driver and provide proof to the host or via the Services of a current, valid driver's license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.Booking with Commercial Hosts
Where a host can offer guests at least legally required minimum insurance through their own commercial or rental policy, the host may choose to decline insurance on the Services and provide its own policy directly to you as the guest. We refer to these hosts as “Commercial Hosts.” You can determine directly in the vehicle listing whether the vehicle is offered by a Commercial Host.
If you book with a Commercial Host, no third-party automobile liability insurance, financial responsibility limitations for physical damage, or roadside assistance is made available via the Services by Aufera or any third-party insurance partners, brokers, or producers. The Commercial Host will bill you directly for any applicable protection plan after booking, not through the Services. In these circumstances, a Commercial Host may require you to sign additional paperwork, provide a deposit, or pay additional fees, costs, or taxes after booking, for instance when picking up the vehicle. A Commercial Host may also have additional requirements that differ from Aufera requirements (like requiring a credit card deposit). By booking a vehicle where a Commercial Host is providing protection, you agree that the Commercial Host may impose additional terms and fees after booking.
When you book a vehicle on the Services, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Lyft or delivering food or other packages) unless you have express written permission from the Aufera Legal Department in advance or as otherwise described here. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the same location it was receieved unless as requested by the host. You must present the host with a current, valid driver's license. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Aufera has any concern about your use of a vehicle, Aufera may terminate your trip in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact [email protected]. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided.Condition of the vehicle and optional Extras
You understand that third parties own the vehicles and Extras offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation as described here to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Aufera, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the Aufera team immediately via [email protected].No responsibility for shared vehicles
You acknowledge that Aufera is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.Incident reporting
Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to Aufera at [email protected]. If there has been a collision, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Aufera or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Aufera, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of Aufera staff. Failure to timely report an incident or cooperate in an investigation may put you at risk of legal action being taken against you.Vehicle theft
The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:
Repossession. Aufera, a hired agent of Aufera, or the host may repossess any vehicle booked through th e Services without demand, at the guest's expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Missing Vehicles. If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 24 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, Aufera, and other authorities in all matters related to the investigation.
The following sections also apply if you share your vehicle through the Services:Host commitments
As a host, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates, with a clean (non-salvage/branded/written off) title, and in good mechanical condition. You will provide such vehicle on time but only to a guest who is listed on the Services as an Approved Driver for the trip. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a guest. You will not cancel a booking for the purpose of seeking a higher price from a guest. You will not offer any vehicle or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any vehicle that is the subject of a missing or stolen vehicle report. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a vehicle that is not roadworthy (i.e., not “street legal”) in the location where it is shared and it will not have any illegal modifications to any part of the vehicle. You will remove any firearms or other weapons from your vehicle prior to providing it to a guest. You will repay loans related to your Aufera business on time and in full.Information given at registration
When you sign up for Aufera, you will identify passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet the requirements found here. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation.Listing only on the Services
Any vehicle you list on the Services must be exclusively listed on the Services. You cannot list any vehicles you intend to share on the Services on any other car sharing marketplace. Failure to abide by this condition may result in fines, penalties, denial of physical damage claims, removal of the vehicle from the Services, account closure, or other action, in Aufera's sole discretion. This does not limit Commercial Hosts' (as defined below) ability to maintain their own rental car business or prohibit a vehicle from being listed on ride sharing or other delivery services when not on a Aufera reservation.Aufera photography
Aufera may offer hosts the option of having photographers take photographs of their vehicles and/or hosts with their vehicles (“Images”). You alone are responsible for using the Images in connection with your Aufera listing and you agree that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Aufera is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or Aufera's ownership or registration thereof. You acknowledge that Aufera may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the Aufera photography program, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than Aufera. At Aufera's request, you will execute documents and take such further acts as Aufera may reasonably request to assist Aufera to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.Vehicle availability
Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the guest. If you offer the guest the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to Aufera and ensure that the vehicle is available at that location at the beginning of the reservation period. In order to qualify for available protection plans, you must verify that a prospective guest has a current, valid driver's license before you provide the guest your vehicle, and ensure the driver's license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver's license.Pricing, earnings, and payments
You will have the ability to set and revise the vehicle's pricing as you choose. Aufera will pay you the amount collected from guests that book your vehicle, less the applicable fees payable to Aufera. A description of fees can be found here. To the extent you owe Aufera or any third party service money for any reason, Aufera also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.Airport delivery; personal vehicle sharing regulations
Some airports where you offer delivery may take the position that you must have a permit to use airport premises and remit fees. While Aufera does not believe that rental car permits should apply to peer-to-peer car sharing, not all airport authorities agree with this position.Maintenance
You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You will only list vehicles with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. In addition, if Aufera believes that your vehicle does not conform to reasonable standards, Aufera may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. Aufera may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services. Learn more about our vehicle eligibility requirements here.Liability
You will maintain valid and up to date registration information and proof of insurance in any vehicle you share on the Services. You must maintain your own auto insurance policy for any vehicle you list on the Services and such policy must meet any minimum insurance levels required by Aufera (In this case, a minimum of a comprehensive insurance plan). You agree to provide Aufera with information regarding your auto insurance policy as may be requested and to keep such information up to date. Where not prohibited by law, you hereby appoint Aufera or a wholly owned subsidiary of Aufera as your attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise administering an applicable insurance policy, and/or working with law enforcement, guests, or private entities to recover your vehicle, as necessary.Missing vehicles
If you selected a protection plan via the Services and your vehicle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the host, must immediately contact a Aufera representative and follow his or her instructions, including cooperating with Aufera, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Aufera to file a police report, you must do so within 24 hours of receiving those instructions.
You may discontinue your use of the Services at any time and Aufera may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and Aufera may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.No vehicle transfer or assignment
Except as otherwise provided herein, guests and hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle or optional Extras shared through the Services.Disclaimers
Aufera PROVIDES SERVICES THAT ENABLE THE SHARING OF VEHICLES AND OPTIONAL EXTRAS BETWEEN HOSTS AND GUESTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, Aufera DOES NOT ITSELF PROVIDE VEHICLE SHARING, RENTAL SERVICES, AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE VEHICLE OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, Aufera EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Aufera makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Aufera makes no warranty regarding the quality of any listings, vehicles, hosts, guests, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Aufera, Aufera Insurance Agency, or its service providers or through the Services or content, will create any warranty not expressly made herein.Limitation of liability and waiver
YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST Aufera AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “Aufera PARTIES”) AND ANY Aufera USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) VEHICLE AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH A VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE), (3) VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE), (4) THE LEGAL OR LICENSE STATUS OF A VEHICLE, HOST, OR GUEST, (5) THIRD PARTY ASSESSMENTS OF A VEHICLE'S VALUE, OR (6) ANY ACTION OR INACTION OF A HOST OR GUEST.
YOU AGREE THAT NEITHER Aufera NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.
Except for our obligations to pay amounts to applicable hosts or guests pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the Aufera Parties' aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a guest in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month period prior to the event giving rise to the liability.
You agree to release, defend, indemnify, and hold Aufera and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a vehicle or creation of a listing for a vehicle. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between Aufera and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.Liquidated damages
You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Aufera to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the Aufera domains, trademarks, or taglines without Aufera's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the Aufera Parties or a Aufera user in any manner prohibited or waived herein, (4) as a host, sharing your vehicle via the Services with expired registration stickers or without current registration paperwork in the vehicle, (5) as a host, offering any vehicle that is the subject of a missing or stolen vehicle report, (6) as a host, offering any vehicle or releasing a vehicle to a guest that is not roadworthy or is otherwise in an unsafe condition, (7) as a host, cancel or modify a trip to manipulate the price or potential earnings for a vehicle, or (8) creating or using a Aufera account that has the effect of circumventing Aufera's suspension, termination, or closure of another Aufera account. You will pay Aufera $5,500 per breach in Liquidated Damages to compensate Aufera for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between Aufera and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.Not a rental car company
Aufera is not a rental car company. It does not own a fleet of vehicles, and is not in the business of renting vehicles to the public. Aufera provides an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms.Rounding off
Aufera may, in its sole discretion, round up or down amounts that are payable from or to hosts or guests to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law.Translations
Where Aufera has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.Governing law
The parties agree that the substantive laws of the Federal Republic of Nigerai apply to these Terms and the Agreement without regard to conflict of law provisions.Severability and non-waiver
In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.General
Aufera does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Aufera and Aufera will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.
The Agreement, including these Terms, states the entire understanding between you and Aufera concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Aufera. You will remain responsible for your obligations hereunder in any event. An Aufera Director or Officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.