Awako Terms of Service

Last Updated: [Date - 17 March, 2025]

These Terms of Service (“Terms”) govern your access to and use of the Awako mobile application (the “App”) and related services (collectively, the “Services”), provided by Awako (“we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2. Account Registration

• You may be required to create an account to access certain features of the Services.
• You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.
• You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.
• You agree to immediately notify us of any unauthorized use of your account.
• We reserve the right to suspend or terminate your account if you violate these Terms or engage in any fraudulent or illegal activity.
• Awako is not liable for your losses caused by any unauthorized use of your account.

3. User Roles and Responsibilities

The Services connect property and vehicle owners (“Owners”) with potential renters (“Renters”).

• Owners:
  
  • Are responsible for the accuracy and completeness of their listings, including descriptions, pricing, availability, and rules.
  • Must ensure their listings comply with all applicable laws and regulations.
  • Must honor confirmed bookings and communicate promptly with Renters.
  • Are responsible for the condition and safety of their listed properties or vehicles.
  • Must have appropriate insurance coverage for their listings.
  • Agree to allow Awako to deduct a 10% commission from each successful booking.
  • Must onboard with Stripe Connect and comply with Stripe’s terms of service.
  • Are responsible for managing their earnings and payouts through Stripe Connect.
• Renters:
  
  • Are responsible for reviewing listing details and rules carefully before booking.
  • Must provide accurate information during the booking process.
  • Must comply with the Owner’s rules and restrictions.
  • Are responsible for any damage they cause to the property or vehicle during the rental period.
  • Must communicate promptly with Owners.
  • Must make payments through the designated payment method (Stripe).

4. Listings and Bookings

• Listing Creation: Owners may create listings for properties or vehicles. Listings must be accurate and truthful. We reserve the right to remove or reject any listing that violates these Terms or is otherwise deemed inappropriate.
• Booking Process: Renters may request to book a listing. Owners may approve or reject booking requests. A booking is confirmed only when the Owner approves the request and payment is processed.
• Cancellations: Cancellation policies may vary depending on the listing. Owners should clearly state their cancellation policies in their listings. Awako may have its own cancellation policy in certain circumstances.
• Fees and Payments: Renters agree to pay the total amount due for a booking, including the rental price, any applicable fees, and taxes. Owners agree to receive payment through Stripe Connect, minus Awako’s commission.

5. Prohibited Conduct

You agree not to:

• Use the Services for any illegal or unauthorized purpose.
• Violate any applicable laws or regulations.
• Infringe the intellectual property rights of others.
• Post false, misleading, or deceptive information.
• Harass, threaten, or abuse other users.
• Interfere with the operation of the Services.
• Attempt to gain unauthorized access to the Services or other users’ accounts.
• Circumvent any security measures implemented by Awako.
• Use any automated means to access the Services (e.g., bots, scrapers).
• List any prohibited items (e.g., weapons, illegal substances).
• Discriminate against other users based on race, religion, gender, sexual orientation, or other protected characteristics.

6. Intellectual Property

The Services and their content, features, and functionality (excluding User Content) are owned by Awako and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Services without our prior written consent.

7. User Content

You retain ownership of any content you submit to the Services (“User Content”), including listing information, reviews, and communications. By submitting User Content, you grant Awako a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content in connection with the Services. You represent and warrant that you have all necessary rights to grant this license.

8. Ratings and Reviews

Ratings and reviews must be truthful and based on your personal experience. We reserve the right to remove any reviews that violate these Terms or are otherwise deemed inappropriate.

9. Disclaimers

• THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
• AWAKO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
• AWAKO IS NOT RESPONSIBLE FOR THE CONDUCT OF OWNERS OR RENTERS.
• AWAKO DOES NOT ENDORSE ANY LISTINGS OR USERS.
• AWAKO IS NOT A PARTY TO ANY RENTAL AGREEMENT BETWEEN OWNERS AND RENTERS.
• AWAKO IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY ARISING FROM THE USE OF THE SERVICES.
• We do not guarantee the truth, safety, or quality of listed properties.
• Users are solely responsible for ensuring their safety.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AWAKO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF AWAKO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AWAKO’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO AWAKO IN THE PAST TWELVE (12) MONTHS.

11. Indemnification

You agree to indemnify and hold harmless Awako and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of another.

12. Termination

We may terminate or suspend your access to the Services at any time, for any reason, without notice. You may terminate your account at any time by contacting us.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction applicable to the location where the dispute arises, as detailed below, without regard to its conflict of laws principles. Awako operates in the following regions and countries:

• United States: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
• Africa: Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Central African Republic (CAR), Chad, Comoros, Congo, Democratic Republic of the, Congo, Republic of the, Djibouti, Egypt, Equatorial Guinea, Eritrea, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Kenya, Lesotho, Liberia, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe.
• Canada: Ontario, Quebec, British Columbia, Alberta, Newfoundland.
• Australia: Perth, Sydney, Melbourne, Brisbane, Adelaide.
• Europe: United Kingdom, France, Germany, Spain, Portugal, Italy, Belgium, Sweden, Norway.
• Caribbean: Jamaica, Barbados, Belize, Bahamas, US Virgin Island, Puerto Rico, Cuba, Trinidad.
• South America: Brazil, Colombia, Argentina, Guyana, Costa Rica, Panama, Mexico.

The governing law will be the law of the specific state (within the US), province (within Canada), or country listed above where the user involved in the dispute resides, or, if the dispute involves users from multiple jurisdictions, the jurisdiction where the Awako platform determines the most substantial connection to the dispute exists.

14. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined and settled through the Awako platform’s internal dispute resolution process. This process will involve:

1. Initial Reporting: Users must first report the dispute through the designated channels within the Awako App.
2. Mediation: Awako will facilitate communication and attempt to mediate a resolution between the parties involved.
3. Binding Decision: If mediation is unsuccessful, Awako will review the evidence and issue a binding decision on the matter. This decision will be final and not subject to appeal within the Awako platform. Users retain any rights they may have to pursue legal action outside of the Awako platform after completing Awako’s internal dispute resolution process, subject to the governing law provisions in Section 13.

15. Entire Agreement

These Terms constitute the entire agreement between you and Awako regarding the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

17. Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

18. Contact Us

If you have any questions about these Terms, please contact us at:

contact@awakorental.com