Introduction
Mimshack Royal Limited (“Mimshack Royal”, “we”, or “us”), provides a car rental platform for seekers of car rental services for their respect travel or journey needs. Mimshack Royal is accessible online at mimshackroyal.com. The Mimshack Royal websites and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Mimshack Royal users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Mimshack Royal.
These Terms, together with the privacy policy and such other policies to be issued from time to time by Mimshack Royal (together, the “Policies”) constitute the “Agreement” between you and Mimshack Royal (each a “Party” and together, “the Parties”).
Modification
Mimshack Royal reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Mimshack Royal Account within 30 days. If you choose to close your Mimshack Royal Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30-day period, in which case the new version of these Terms will apply to you.
Eligibility, registration, verification
Eligibility
The Services are intended solely for clients who are18 or older. Any use of the Services by anyone that does not meet this age requirements is expressly prohibited.
Registration
To access certain features of the Services, you must sign up for an account with us (a “Mimshack Royal Account”). You can create a Mimshack Royal Account by providing us your first and last name, email address, and creating a password. When you book a vehicle as a traveller or guest (“guest”), you provide us with certain additional information about yourself. Similarly, when you list a vehicle as a vehicle owner or host (“host”), you provide us with certain additional information about yourself and your vehicle(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must always keep your Mimshack Royal Account up to date. Based on information you provide, Mimshack Royal may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements). To fight spam and abuse of the Services, Mimshack Royal could implement reCAPTCHA Enterprise, and your use of reCAPTCHA is subject to a separate Privacy Policy and Terms of Use.
Verification
Where permitted, Mimshack Royal 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. Mimshack Royal does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. Mimshack Royal 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 Mimshack Royal to request, receive, use, and store such information. Mimshack Royal may permit or refuse your request to book or list a vehicle in its sole and absolute discretion.
Consumer Report Authorization.
When you attempt to book or list a vehicle, or at any time after where Mimshack Royal reasonably believes there may be an increased level of risk associated with your Mimshack Royal Account, you hereby provide Mimshack Royal with written instructions and authorize Mimshack Royal, in accordance with applicable consumer reporting laws, or any similar laws 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.
Fees, taxes
Fees
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. When you provide Mimshack Royal a payment method, you
authorize Mimshack Royal, or third-party service providers acting on behalf of
Mimshack Royal, to store your payment credential for future use in the event you owe
Mimshack Royal any money. You authorize Mimshack Royal 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
here.
Collection of fees
Mimshack Royal and its service providers will employ all legal methods available to
collect amounts due, including the engagement of collection agencies or legal
counsel. Mimshack Royal, or the collection agencies we retain, may also report
information about your Mimshack Royal Account to credit bureaus. As a result, late
payments, missed payments, or other defaults on your Mimshack Royal 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
Mimshack Royal may enable the collection and remittance of certain taxes from
clients. The amount of taxes, if any, collected and remitted by Mimshack Royal will
be visible to, and separately stated on the respective trip related documents and
invoices.
Your commitments
You agree that you will always use your Mimshack Royal Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Mimshack Royal.
Account Activity
You are, and will be solely responsible for, all the activity that occurs through your Mimshack Royal Account. Keep your Mimshack Royal 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 Mimshack Royal Account, whether or not you have authorized such activities or actions. You will immediately notify Mimshack Royal of any actual or suspected unauthorized use of your Mimshack Royal Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Mimshack Royal Account unless you have reported unauthorized access to us.
Mimshack Royal Content and User Content License.
Subject to your compliance with the provisions of these Terms, Mimshack Royal grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Mimshack Royal 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 Mimshack Royal 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. By making available any content on or through the Services, or through Mimshack Royal promotional campaigns, you grant Mimshack Royal 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.
Copyright Protection
We respond to notices of alleged copyright infringement and terminate Mimshack Royal Accounts of repeat infringers according to the process set out in the Copyright Act and similar laws.
Prohibited activities.
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:
Breach, violate, and/or circumvent any law or other law or regulation, or any order
of a court, including, without limitation, airport regulations and tax regulations,
licensing or registration requirements, or third-party rights.
Post false, inaccurate, misleading, defamatory, or libelous content:
Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare
derivative works from content that belongs to or is licensed to Mimshack Royal, or
that comes from the Services and belongs to another Mimshack Royal user or to a
third party, including works covered by any copyrights, trademark, patent, or other
intellectual property, privacy, publicity, moral, or contractual rights, except with
prior express written permission of Mimshack Royal
Dilute, tarnish, or otherwise harm the Mimshack Royal brand in any way,
includin:
Through unauthorized use of the Services and/or user content
Registering and/or using "Mimshack Royal" or derivative terms in domain names, trade
names, trademarks, or otherwise
Registering and/or using domain names, trade names, trademarks, social media account
names, or other means of identification that closely imitate or are confusingly
similar to Mimshack Royal domains, trademarks, taglines, promotional campaigns, or
Mimshack Royal and/or user content.
Provide or submit any false or misleading information, including:
False name, date of birth, driver’s license details, payment method, insurance, or
other personal information
In relation to a claim (for example about damage to a vehicle)
By registering for a Mimshack Royal Account on behalf of an individual other than
yourself or the company you represent
Impersonating any person or entity, or falsifying or otherwise misrepresenting
yourself or your affiliation with any person or entity
Fail to honour your commitments, including:
Fail to pay fees, penalties, or other amounts owed to Mimshack Royal
Transfer your Mimshack Royal Account and/or user ID to another party without our
consent
Harm or threaten to harm users of our community, including:
Harass, stalk, or defame any other Mimshack Royal user, staff, or collect or store
any personally identifiable information about any other user other than for purposes
of transacting in accordance with these Terms.
Engage in physically or verbally abusive or threatening conduct.
Use the Services to transmit, distribute, post, or submit any information concerning
any other person or entity, including without limitation, photographs of others
without their permission, personal contact information, payment method details, or
account numbers.
Sue or assert legal claims against Mimshack Royal or a Mimshack Royal user in any
manner prohibited or waived by these Terms.
Use the Services for your own unrelated purposes, including to:
Contact another Mimshack Royal user for any purpose other than in relation to a
booking, vehicle, listing, or the use of the Services by such user.
Commercialize any content found on the Services or software associated with the
Services, including reviews.
Harvest or otherwise collect information about users without their and our consent.
Recruit or otherwise solicit any user to join third-party services or websites that
are competitive to Mimshack Royal, without our prior written approval.
Interfere with the operation of the Services, including by:
Interfering with any other user’s listings
Using the Services in connection with the distribution or posting of unsolicited
commercial messages (e.g., spam)
Distributing viruses or any other technologies such as cancel bots, Trojan horses,
harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP
spoofing, forged routing or e-mail address information, or similar methods or
technology that may disrupt or interfere with the operation or provision of the
Services, or harm Mimshack Royal or the interests or property of others.
Bypassing robot exclusion headers, interfering with the working of the Services, or
imposing an unreasonable or disproportionately large load on our infrastructure.
Systematically retrieving data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation, database, directory, or
the like, whether by manual methods, or through the use of bots, crawlers, spiders,
or otherwise
Using, displaying, mirroring, or framing the Services or any individual element
within the Services, the Mimshack Royal name, any Mimshack Royal trademark, logo, or
other proprietary information, or the layout and design of any page or form
contained on a page in the Services, without the express written consent of Mimshack
Royal
Accessing, tampering with, or using non-public areas of the Services, our computer
systems, or the technical delivery systems of our service providers
Attempting to probe, scan, or test the vulnerability of any of our system or network
or breach any security or authentication measures.
Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise
circumventing any technological measure implemented by Mimshack Royal or any of our
service providers or any other third party (including another user) to protect the
Services.
Forging any TCP/IP packet header or any part of the header information in any email
or newsgroup posting, or in any way using the Services to send altered, deceptive,
or false source-identifying information.
Attempting to decipher, decompile, disassemble, or reverse engineer any of the
software used to provide the Services.
Endeavouring to circumvent a suspension, termination, or closure of your Mimshack
Royal Account or the account of another Mimshack Royal user, including, but not
limited to, creating a new Mimshack Royal Account, or listing vehicles affiliated
with or registered to a Mimshack Royal Account holder that has been suspended,
terminated, or closed.
Other legal matters
Violations.
Mimshack Royal 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.
Mimshack Royal reserves the right, at any time and without prior notice, in
accordance with applicable law, to remove or disable access to any content that
Mimshack Royal, 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 Mimshack Royal, 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 Mimshack Royal Account and access to the Services, remove hosted
content, deny a damage claim, 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.
Communications with you
You agree that Mimshack Royal may contact you by electronic means (e.g., electronic mail; notifications via Mimshack Royal messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialled 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 Mimshack Royal Account or Mimshack Royal 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 Mimshack Royal is required to obtain your consent for such communications, you may choose to revoke your consent. 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 unfavourable publicity to either of the other Party.
Specific terms for guests
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
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.
Guest financial responsibility for physical damage to the vehicle
The guest that booked the trip (“primary guest”) is financially responsible for all
physical damage to or theft of a booked vehicle that occurs during a trip, plus any
additional costs and fees resulting from damage of any kind to the vehicle,
regardless of who is found to be at fault. This responsibility applies whether the
primary guest has their own auto insurance or not.
Primary guests may be insured against damage to the booked vehicle under their own
automobile policies. When you book a vehicle on Mimshack Royal, you agree that if
any damage occurs to the booked vehicle during the booked trip, you will work with
Mimshack Royal to make a claim for coverage under any policy of insurance that
applies to the loss.
Use of the vehicle
When you book a vehicle on the Services, you must use the vehicle only for your
personal use and not for any commercial purposes unless you have express written
permission from the Mimshack Royal 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 correct location. You must exercise reasonable care in your use
of the vehicle. You are always required 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 Mimshack Royal has any
concern about your use of a vehicle, Mimshack Royal may terminate your trip in its
discretion at any time and require the return of the vehicle, including recovering
the vehicle. You are required to wear seat belts during the operation of the vehicle
and to require that all 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
misuse a vehicle, you will be fully financially responsible for any related claims,
loss, or damage, and your protection plan may be voided.
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:
- If you fail to return the vehicle you booked at the time and place agreed upon with the host and/or designated in your reservation
- If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services as set forth here
- If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility.
- If you misrepresent facts to the host pertaining to booking, use, or operation of vehicle.
- If you fail or refuse to communicate in good faith with the host, police, Mimshack Royal, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism.
- If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of the host, or who misrepresents or withholds facts to/from the host or Mimshack Royal material to the booking, use, or operation of vehicle.
Mimshack Royal, a hired agent of Mimshack Royal, or the host may repossess any vehicle booked through the 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 12 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, Mimshack Royal, and other authorities in all matters related to the investigation.
Confidentiality
• “Confidential Information” will include, but will not be limited to, any and all
information associated with a party’s business and not publicly known, including
specific business information, technical processes and formulas, software, customer
lists, prospective customer lists, names, addresses and other information regarding
customers and prospective customers, product designs, sales, costs (including any
relevant processing fees), price lists, and other unpublished financial information,
business plans and marketing data, and any other confidential and proprietary
information, whether or not marked as confidential or proprietary. Mimshack Royal’s
Confidential Information includes all information that you receive relating to us,
or to the Services, that is not known to the public including information related to
our security program and practices.
• Each party agrees to use the other party’s Confidential Information solely as
necessary for performing its obligations under these Terms of Service and in
accordance with any other obligations in these Terms of Service. Each party agrees
that it will take all reasonable steps, at least substantially equivalent to the
steps it takes to protect its own proprietary information, to prevent the
duplication, disclosure or use of any such Confidential Information, other than (i)
by or to its employees, agents and subcontractors who must have access to such
Confidential Information to perform such party’s obligations hereunder, who each
will treat such Confidential Information as provided herein, and who are each
subject to obligations of confidentiality to such party that are at least as
stringent as those contained herein; or (ii) as required by any law, regulation, or
order of any court of proper jurisdiction over the parties and the subject matter
contained in these Terms of Service, provided that, if legally permitted, the
receiving party will give the disclosing party prompt written notice and use
commercially reasonable efforts to ensure that such disclosure is accorded
confidential treatment. Confidential Information will not include any information
that the receiving party can prove: (A) was already in the public domain, or was
already known by or in the possession of the receiving party, at the time of
disclosure of such information; (B) is independently developed by the receiving
party without use of or reference to the other party’s Confidential Information, and
without breaching any provisions of these Terms of Service; or (C) is thereafter
rightly obtained by the receiving party from a source other than the disclosing
party without breaching any provision of these Terms of Service.
Limitation of Liability and Indemnification
• You expressly understand and agree that, to the extent permitted by applicable
laws, Mimshack Royal and its suppliers will not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not limited
to, damages for loss of profits, goodwill, use, data or other intangible losses
arising out of or relating to the use of or inability to use the Service or these
Terms of Service (however arising, including negligence).
• You agree to indemnify and hold us and (as applicable) our parent, subsidiaries,
affiliates, Mimshack Royal partners, officers, directors, agents, employees, and
suppliers harmless from any claim or demand, including reasonable attorneys’ fees,
made by any third party due to or arising out of (a) your breach of these Terms of
Service or the documents it incorporates by reference; (b) or your violation of any
law or the rights of a third party; or (c) any aspect of the transaction between you
and your Customer, including but not limited to refunds, fraudulent transactions,
alleged or actual violation of applicable laws (including but not limited to Federal
and State consumer protection laws), or your breach of the Terms of Service.
• You will be responsible for any breach of the Terms of Service by your affiliates,
agents or subcontractors and will be liable as if it were your own breach.
• Your use of the Services is at your sole risk. The Services are provided on an “as
is” and “as available” basis without any warranty or condition, express, implied, or
statutory.
• Mimshack Royal does not warrant that the results that may be obtained from the use
of the Services will be accurate or reliable.
• Mimshack Royal is not responsible for any of your tax obligations or liabilities
related to the use of Mimshack Royal’s Services.
• Mimshack Royal does not warrant that the quality of any products, services,
information, or other materials purchased or obtained by you through the Services
will meet your expectations, or that any errors in the Services will be corrected.
Intellectual Property and Your Materials
• Your Materials
• We do not claim ownership of the Materials you provide to Mimshack Royal; however,
we do require a license to those Materials. You grant Mimshack Royal a
non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and
license to host, use, distribute, expose, modify, run, copy, store, publicly
perform, communicate to the public (including by telecommunication), broadcast,
reproduce, make available, display, and translate, and create derivative works of
any Materials provided by you in connection with the Services. We may use our rights
under this license to operate, provide, and promote the Services and to perform our
obligations and exercise our rights under the Terms of Service. You represent,
warrant, and agree that you have all necessary rights in the Materials to grant this
license. You irrevocably waive all moral rights you may have in the Materials in
favour of Mimshack Royal and agree that this waiver may be invoked by anyone who
obtains rights in the materials through Mimshack Royal, including anyone to whom
Mimshack Royal may transfer or grant (including by way of license or sublicense) any
rights in the Materials.
• If you owned the Materials before providing them to Mimshack Royal then, despite
uploading them to your Mimshack Royal Website they remain yours, subject to any
rights or licenses granted in the Terms of Service or elsewhere. You can remove your
Mimshack Royal Account at any time by deleting your Account. Removing your Mimshack
Royal Account does not terminate any rights or licenses granted to the Materials
that Mimshack Royal requires to exercise any rights or perform any obligations that
arose during the Term.
• You agree that Mimshack Royal can, at any time, review and delete any or all the
Materials submitted to the Services, although Mimshack Royal is not obligated to do
so.
• You grant Mimshack Royal a non-exclusive, transferable, sub-licensable,
royalty-free, worldwide right and license to use the names, trademarks, service
marks and logos associated with your Account (“Your Trademarks”) to operate,
provide, and promote the Services and to perform our obligations and exercise our
rights under the Terms of Service. This license will survive any termination of the
Terms of Service solely to the extent that Mimshack Royal requires the license to
exercise any rights or perform any obligations that arose during the Term.
• Mimshack Royal Intellectual Property
• You agree that you may not use any trademarks, logos, or service marks of Mimshack
Royal, whether registered or unregistered (“Mimshack Royal Trademarks”) unless you
are authorized to do so by Mimshack Royal in writing. You agree not to use or adopt
any marks that may be considered confusing with the Mimshack Royal Trademarks. You
agree that any variations or misspellings of the Mimshack Royal Trademarks would be
considered confusing with the Mimshack Royal Trademarks.
• You agree not to purchase, register, or use search engine or other pay-per-click
keywords (such as Google Ads), trademarks, email addresses, social media names, or
domain names (including without limitation top-level domains, sub-domains, and page
URLs) that use or include Mimshack Royal or Mimshack Royal Trademarks or that use or
include any terms that may be confusing with the Mimshack Royal Trademarks.
• You acknowledge and agree that the Terms of Service do not give you any right to
implement Mimshack Royal patents.
Term and Termination
• The term of these Terms of Service will begin on the date of your completed
registration for use of a Service and continue until terminated by us or by you, as
provided below (the “Term”).
• You may cancel your Account and terminate the Terms of Service at any time by
contacting Mimshack Royal Support and then following the specific instructions
indicated to you in Mimshack Royal’s response.
• Without limiting any other remedies, we may suspend or terminate your Account or
the Terms of Service for any reason, without notice and at any time (unless
otherwise required by law), including if we suspect that you (by conviction,
settlement, insurance, or escrow investigation, or otherwise) have engaged in
fraudulent activity in connection with the use of the Services. Termination of the
Terms of Service will be without prejudice to any rights or obligations which arose
prior to the date of termination.
• Upon termination of the Services by either party for any reason:
• Mimshack Royal will cease providing you with the Services and you will no longer
be able to access your Account;
• unless otherwise provided in the Terms of Service, you will not be entitled to any
refunds of any Fees, pro rata or otherwise;
• any outstanding balance owed to Mimshack Royal for your use of the Services
through the effective date of such termination will immediately become due and
payable in full;
Modifications
• We reserve the right, in our sole and absolute discretion, to update or change any
portion of the Terms of Service at any time. We will provide you with reasonable
advance notice of changes to the Terms of Service that materially adversely affect
your use of the Services or your rights under the Terms of Service by sending an
email to the Primary Email Address, providing notice through the Mimshack Royal
administrative console, or by similar means. However, Mimshack Royal may make
changes that materially adversely affect your use of the Services or your rights
under the Terms of Service at any time and with immediate effect (i) for legal,
regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict
products or activities that we deem unsafe, inappropriate, or offensive. Unless we
indicate otherwise in our notice (if applicable), any changes to the Terms of
Service will be effective immediately upon posting of such updated terms at this
location. Your continued access to or use of the Services after we provide such
notice, if applicable, or after we post such updated terms, constitutes your
acceptance of the changes and consent to be bound by the Terms of Service as
amended. If you do not agree to the amended Terms of Service, you must stop
accessing and using the Services.
• Mimshack Royal may change the Fees for the Services from time-to-time. We will
provide you with 30 days advanced notice prior to any changes in Fees by sending an
email to the Primary Email Account, providing notice through the Mimshack Royal
administrative console, or by similar means. Mimshack Royal will not be liable to
you or to any third party for any modification, price change, suspension, or
discontinuance of the Services (or any part thereof).
General Conditions
• The Terms of Service, including applicable policies that Mimshack Royal shall
issue from time to time, constitute the entire agreement between you and Mimshack
Royal and govern your use of the Services and your Account, superseding any prior
agreements between you and Mimshack Royal (including, but not limited to, any prior
versions of the Terms of Service). However, in the event of a conflict between these
Terms of Service and the Terms of Use, these Terms of Service will prevail.
• The failure of Mimshack Royal to exercise or enforce any right or provision of the
Terms of Service will not constitute a waiver of such right or provision. If any
provision of the Terms of Service, including all terms and conditions and other
documents it incorporates by reference, is held by a court of competent jurisdiction
to be contrary to law, such provision will be changed and interpreted so as to best
accomplish the objectives of the original provision to the fullest extent allowed by
law, and the remaining provision of the Terms of Service will remain in full force
and effect.
• Save for Mimshack Royal and its affiliates, you or anyone accessing Mimshack Royal
Services pursuant to these Terms of Service, unless otherwise provided in these
Terms of Service, no person or entity who is not a party to these Terms of Service
will have any right to enforce any term of these Terms of Service, regardless of
whether such person or entity has been identified by name, as a member of a class or
as answering a particular description. For the avoidance of doubt, this will not
affect the rights of any permitted assignee or transferee of these Terms.
• The Terms of Service will be governed by and interpreted in accordance with the
laws of the Federal Republic of Nigeria without regard to principles of conflicts of
laws.
• All the terms and provisions of the Terms of Service will be binding upon and
inure to the benefit of the parties to the Terms of Service and to their respective
heirs, successors, permitted assigns and legal representatives. Mimshack Royal will
be permitted to assign these Terms of Service without notice to you or consent from
you. You will have no right to assign or otherwise transfer the Terms of Service, or
any of your rights or obligations hereunder, to any third party without Mimshack
Royal’s prior written consent, to be given or withheld in Mimshack Royal’s sole
discretion.
• If any provision, or portion of the provision, in these Terms of Service is, for
any reason, held to be invalid, illegal or unenforceable in any respect, then such
invalidity, illegality or unenforceability will not affect any other provision (or
the unaffected portion of the provision) of the Terms of Service, and the Terms of
Service will be construed as if such invalid, illegal or unenforceable provision, or
portion of the provision, had never been contained within the Terms of Service.
• On termination, all related rights and obligations under the Terms of Service
immediately terminate, except that (a) you will remain responsible for performing
all of your obligations in connection with transactions entered into before
termination and for any liabilities that accrued before or as a result of
termination; and the Sections relating to Account Terms, Payment of Fees,
Confidentiality, Limitation of Liability and Indemnification, Intellectual Property
and Your Materials, Third Party Services, Cancellation and Termination,
Modifications, and General Conditions will survive the termination or expiration of
these Terms of Service.