Payments Terms of Service

As a consumer who resides in the EEA you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that GNM Payments is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom.

Last Updated: Jan 9, 2023

These Payments Terms of Service for European Users (“Payments Terms”) are a binding legal agreement between you and GNM Payments that govern the Payment Services (defined below) conducted through or in connection with the GNM Platform. When these Payments Terms mention “GNM Payments,” “we,” “us,” or “our,” it refers to the Garages Near Me entity set out on Schedule 1 of our general Terms of Service.

GNM Payments provides payments services to Members publishing, offering and booking Listings or other Provider Services, and future services provided via the GNM Platform. These payment services may include (if available) the following (collectively, “Payment Services”):

Collecting payments from Drivers (”Charge”, “Payin”), by charging the payment method associated with their GNM account, such as credit card, debit card, or bank account (“Payment Method”);

Effecting payments to Providers (“Payout”) to a financial instrument associated with their GNM account, such as a bank account (“Payout Method”);

Effecting payments to a third-party Payout Method designated by a Provider;

Payment collection services; and

Other payment related services in connection with Provider Services.

In order to use the Payment Services, you must be at least 18 years old, must have a GNM account in good standing in accordance with the GNM Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.

If you change your country of residence, the GNM company you contract with and the applicable version of the Payment Terms will be determined by your new country of residence from the date on which your country of residence changes. Please note, however, that the GNM Payments company with whom you contract will stay the same for all bookings made prior to your change of residence.

The Terms separately govern your use of the GNM Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms.

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Table of Contents 1. Your use of the Payment Services 1.1 GNM Payment Services 1.2 Third Party Services 1.3 Verification 1.4 Additional Terms 2. Driver Terms 2.1 Adding a Payment Method 2.2 Payment Method Verification 2.3 Payment Authorization 2.4 Automatic Update of Payment Method 2.5 Timing of Payment 2.6 Currency 2.7 Booking Request Status 2.8 Payment Restrictions 2.9 Payment Service Providers 2.10 Your Payment Method, Your Responsibility 2.11 Recurring Payments 2.12 SEPA Mandate Acceptance 3. Provider Terms 3.1 Payment Collection 3.2 Valid Payout Method 3.3 Timing of Payout 3.4 Payout 3.5 Payout Restrictions 3.6 Currency Conversion 3.7 Limits on Payouts 3.8 Payment Service Providers 3.9 Stripe Services Agreement 3.10 Your Payout Method, Your Responsibility 4. Appointment of GNM Payments as Limited Payment Collection Agent 4.1 Appointment 4.2 Agreement 4.3 Acknowledgement 5. General Terms 5.1 Fees 5.2 Payment Authorizations 5.3 Collections 5.4 Payment Processing Errors 5.5. Refunds 6. Damage Claims and Damage Amounts 6.1 Determination 6.2 Recovery 7. Abandoned Properties 8. Prohibited Activities 9. Force Majeure 10. Disclaimers 11. Liability 13. Modification, Term, Termination, and other Measures 13.1 Modification 13.2 Term 13.3 Termination 13.4 Suspension and Other Measures 13.5 Appeal 13.6 Effect of Termination 13.7 Survival 14. Governing Law and Dispute Resolution 15. Miscellaneous 15.1 Interpreting these Payments Terms 15.2 No Waiver 15.3 Assignment 15.4 Notices 15.5 Language 16. Additional Clauses for Members that are Businesses 17. Contacting GNM Payments Offline Fee Policy Off-Platform Policy Taking people off of the GNM platform for new, partial, or future bookings Asking Drivers for, or using, contact or identity information in ways unrelated to their Reservation, or that compromise the quality of their Reservation Exceptions Taking people off of the GNM platform for feedback and reviews Requiring drivers to use other websites or apps to physically access their listing Exceptions

1. Your use of the Payment Services

1.1 GNM Payment Services

By using the Payments Services, you agree to comply with these Payment Terms. GNM Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. GNM Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. GNM Payments will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.

1.2 Third Party Services

The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. GNM Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by GNM Payments of those Third-Party Services.

1.3 Verification

You authorize GNM Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). GNM Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

1.4 Additional Terms

Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

2. Driver Terms

2.1 Adding a Payment Method

When you add a Payment Method to your GNM account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to GNM Payments or its third-party payment processor(s). You authorize GNM Payments and its PCI-DSS-compliant payment service providers to collect your Payment Method information. GNM Payments does not store your Payment Method information.

2.2 Payment Method Verification

When you add or use a new Payment Method, GNM Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your GNM account so it can be used for a future transaction. You can remove the Payment Method from your GNM account as long as it is not associated with an active or future reservation.

2.3 Payment Authorization

You allow GNM Payments to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your GNM account, including Damage Claim amounts in accordance with the Terms and with Section 6.

2.4 Automatic Update of Payment Method

If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.

2.5 Timing of Payment

GNM Payments generally charges the Total Price due 24hrs after the Provider accepts your booking request. In case of Recurring Payments (Section 2.11), GNM Payments will charge the Total Price due at the beginning of the Billing Period (usually the beginning of the month).

GNM Payments may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the GNM Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option.

If GNM Payments is unable to collect the Total Price due, as scheduled, GNM Payments will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will be able to view and download the corresponding receipt in the GNM Dashboard.

2.6 Currency

GNM Payments will process each transaction in the currency specified in the respective Listing’s Pricing Plan. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence and/or your GNM Payments contracting entity(ies). Any such limitations will be communicated via the GNM Platform, and you will be prompted to select a different currency or Payment Method. Note that if your GNM Payments contracting entity’s location is different than the country of your Payment Method or your selected currency is different than your Payment Method's billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method's billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. GNM Payments is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.

2.7 Booking Request Status

If a requested booking is declined because it is not accepted by the Provider, you cancel the booking request before it is accepted by the Provider, or GNM cancels the booking, any amounts collected by GNM Payments and due to you pursuant to the policies described in Section 5.5,, will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable) in accordance with Section 5.5.2.

2.8 Payment Restrictions

GNM Payments reserves the right to decline or limit payments that we believe (i) may violate GNM Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, GNM, GNM Payments, or others to risks unacceptable to GNM Payments.

2.9 Payment Service Providers

Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and GNM Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.

2.10 Your Payment Method, Your Responsibility

GNM Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.

2.11 Recurring Payments

After Booking confirmation, GNM Payments requires a Driver to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the GNM Platform.

If Recurring Payments apply to a confirmed booking, then the Driver authorizes GNM Payments to collect the Total Price due.

Drivers may stop a Recurring Payment by cancelling a Reservation in accordance with the Cancellation Policy.

2.12 SEPA Mandate Acceptance

The following applies to you if you selected “SEPA Direct Debit” as your Payment Method:

By providing your payment information, you authorize (A) Garages Near Me, and Stripe, our payment service provider and/or PPRO, its local service provider, to send instructions to your bank to debit your account and (B) your bank to debit your account in accordance with those instructions. As part of your rights, you are entitled to a refund from your bank under the terms and conditions of your agreement with your bank. A refund must be claimed within 8 weeks starting from the date on which your account was debited. Your rights are explained in a statement that you can obtain from your bank.

3. Provider Terms

3.1 Payment Collection

GNM Payments generally collects the Total Price of a booking 24hrs after the Driver’s booking request is accepted by the Provider, unless noted otherwise (see section 2.5).

3.2 Valid Payout Method

In order to receive a Payout you must have a valid Payout Method linked to your GNM account. When you add a Payout Method to your GNM account, you will be asked to provide information such as name, billing address, and financial instrument information either to GNM Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number / SWIFT / BIC, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information GNM Payments requires for a valid Payout Method may change, and GNM Payments may request additional information at any time; failing to provide requested information may result in GNM Payments temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize GNM Payments to collect your Payout Method information via PCI-DSS-compliant subprocessor(s). GNM Payments does not store your Payout Information. GNM Payments may also share your information with governmental authorities as required by applicable law.

3.3 Timing of Payout

Subject to and conditional upon successful receipt of the payments from Driver, GNM Payments will generally initiate Payouts to your selected Payout Method: (i) for Listings, within 7 business days after the Driver’s successful Payin for the duration of the Reservation; and (ii) for all other Provider Services, at the time specified via the GNM Platform.

GNM Payments may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. The time it takes to receive Payouts once released by GNM Payments may depend upon the Payout Method you select.

3.4 Payout

Your Payout for a booking will be the Total Price less applicable fees like GNM service fees and applicable taxes. In the event of cancellation of a confirmed booking, GNM Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.

3.5 Payout Restrictions

GNM Payments may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, GNM Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).

3.6 Currency Conversion

GNM Payments will remit your Payouts in the currency you select via the GNM Platform when associating a Payout Account with the given currency. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your GNM contracting entity(ies). Any such limitations will be communicated via the GNM Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and GNM Payments is not responsible for any such fees and disclaims all liability in this regard.

3.7 Limits on Payouts

For compliance or operational reasons, GNM Payments may limit the amount of a Payout. If you are due an amount above that limit, GNM Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.

3.8 Payment Service Providers

Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and GNM Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.

3.9 Stripe Services Agreement

Payment processing services for Providers on GNM are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Provider on GNM, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of GNM enabling payment processing services through Stripe, you agree to provide GNM accurate and complete information about you and your business, and you authorize GNM to share it and transaction information related to your use of the payment processing services provided by Stripe.

3.10 Your Payout Method, Your Responsibility

GNM Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.

4. Appointment of GNM Payments as Limited Payment Collection Agent

4.1 Appointment

Each Provider, including each Provider Team member, hereby appoints GNM Payments as the Provider’s payment collection agent solely for the limited purpose of accepting and processing funds from Drivers purchasing Provider Services on the Driver’s behalf.

4.2 Agreement

Each Provider, including each Provider Team member, agrees that payment made by a Driver through GNM Payments, shall be considered the same as a payment made directly to the Provider, and the Provider will provide the Provider Service booked by the Driver in the agreed-upon manner as if the Provider has received the payment directly from the Driver. Each Provider agrees that GNM Payments may refund the Driver in accordance with the Terms. Each Provider understands that GNM Payments’ obligation to pay the Provider is subject to and conditional upon successful receipt of the associated payments from Driver. GNM Payments guarantees payments to Provider(s) only for such amounts that have been successfully received by GNM Payments from Drivers in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Provider, GNM Payments assumes no liability for any acts or omissions of the Provider.

4.3 Acknowledgement

Each Driver acknowledges and agrees that, notwithstanding the fact that GNM Payments is not a party to the agreement between you and the Provider(s), including each Provider Team member, GNM Payments acts as each Provider’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Provider(s). Upon a Driver’s payment of the funds to GNM Payments, the Driver’s payment obligation to the Provider(s) for the agreed upon amount is extinguished, and GNM Payments is responsible for remitting the funds successfully received by GNM Payments to the Provider(s) in the manner described in these Payments Terms. In the event that GNM Payments does not remit any such amounts, the Provider(s) will have recourse only against GNM Payments and not the Driver directly.

5. General Terms

5.1 Fees

GNM Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the GNM Platform.

5.2 Payment Authorizations

You authorize GNM Payments to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your GNM account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize GNM Payments to collect from you:

Any amount due to GNM or GNM Payments (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Driver, Provider or user of the GNM Platform), including reimbursement for costs prepaid by GNM or GNM Payments on your behalf. Any funds collected by GNM Payments will set off the amount owed by you to GNM or GNM Payments and extinguish your obligation to GNM or GNM Payments.

Any amount due to a Provider from a Driver which GNM collects as the GNM’s payment collection agent as further set out in Section 4 above.

Taxes, where applicable and as set out in the Terms.

Any Damage Claim amounts owed to GNM or GNM Payments in accordance with the Terms and Section 6.

Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if, as a Provider, you cancel a confirmed booking).

Any amounts already paid to you as a Provider despite a Driver cancelling a confirmed booking or GNM deciding that it is necessary to cancel a booking in accordance with the Terms, or other applicable cancellation policy. You agree that in the event you have already been paid, GNM Payments will be entitled to recover the amount of any such guest refund from you, including by subtracting such refund amount out from any future Payouts due to you.

If you owe an amount at any time after a booking, such as with Recurring Payment charges, Booking Modifications, or Damage Claims (“Additional Amounts”), you hereby authorize and grant GNM Payments a mandate to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. GNM Payments will notify you in writing before any Additional Amounts are charged.

If your Payment Method associated with the relevant booking is expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts and GNM Payments may charge the Payment Method related to your booking again or use any other Payment Method on file associated with your GNM account, if available, to collect such Additional Amounts. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you.

If GNM has reason to believe that you as a Provider participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and GNM Payments released the payout for such a booking, GNM Payments may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you.

In addition to any amount due as outlined above, if there are amounts which you owe us but are unpaid or chargebacks associated with your Payment Method, you may be charged fees that are incidental to GNM Payments collection of these amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

5.3 Collections

If GNM Payments is unable to collect any amounts you owe under the Terms and these Payments Terms, GNM Payments may engage in collection efforts to recover such amounts from you.

GNM Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after GNM Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Provider’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Provider’s GNM account or the associated services have been provided, whichever is later.

GNM Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after GNM Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Provider’s future Payouts, after the adjustment is made to the Provider’s GNM account or the associated services have been provided, whichever is later.

You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to GNM and/or GNM Payments by you. Such communications may be made by GNM, GNM Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.

5.4 Payment Processing Errors

GNM Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by GNM Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.

To the extent you receive any funds in error, you agree to immediately return such funds to GNM Payments.

5.5. Refunds

Any refunds or credits due to a Member pursuant to the Terms will be initiated and remitted by GNM Payments in accordance with these Payments Terms.

6. Damage Claims and Damage Amounts

6.1 Determination

If GNM determines that you are responsible for Damage Claim amounts pursuant to the Terms, you authorize GNM via GNM Payments to charge the Payment Method used to make the booking in order to collect the Damage Claim amounts, up to a maximum amount as set by GNM that may vary by country/region. If GNM via GNM Payments is unable to collect from the Payment Method used to make the booking, you agree that GNM via GNM Payments may charge any other Payment Method on file in your GNM account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)).

6.2 Recovery

You agree that GNM Payments may seek to recover from you under any insurance policies you maintain and that GNM Payments may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to any Damage Claim or payment requests made by Providers.

7. Abandoned Properties

If GNM Payments holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.

8. Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:

breach or circumvent any applicable laws or regulations;

breach or circumvent any agreements with third parties, third-party rights, or the Terms or Policies;

use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;

register or use any Payment Method or Payout Method with your GNM account that is not yours or you do not have authorization to use;

avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by GNM Payments or any of GNM Payments’ providers or any other third party to protect the Payment Services;

take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;

attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or

violate or infringe anyone else’s rights or otherwise cause harm to anyone.

You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, UK Sanctions List and HM Treasury Department Consolidated List, United Nations Consolidated List or European Union Consolidated List. You represent and warrant that: (i) neither you nor your Provider Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government, UK or European Union list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

9. Force Majeure

GNM Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of GNM or GNM Payments, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).

10. Disclaimers

If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.

Notwithstanding GNM Payments’ appointment as the limited payment collection agent of Providers pursuant to Section 4, GNM Payments explicitly disclaims all liability for any act or omission of any Member or other third party. GNM Payments does not have any duties or obligations as agent for each Provider except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

11. Liability

11.1 If you reside in the UK or Switzerland and contract with GNM Payments you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your GNM account in any way, you are responsible for the actions taken by that person. Neither GNM Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not GNM Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Providers pursuant to these Payments Terms, in no event will GNM Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the GNM Platform as a Driver in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Provider, the amounts paid by GNM Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between GNM Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect GNM Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

11.2 If you reside in the EEA and contract with GNM Payments, GNM Payments is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. GNM Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of GNM Payments in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of GNM Payments is excluded to the maximum extent allowed by applicable law.

13. Modification, Term, Termination, and other Measures

13.1 Modification

When we propose changes to these Payments Terms, we will post the revised Payments Terms on the GNM Platform and update the “Last Updated” date at the top of these Payments Terms. We will provide you with notice of the modification at least two (2) months before the date they become effective. If the proposed changes to these Payments Terms are material, you will be asked to explicitly accept the revised Payments Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so and your right to terminate this agreement at any time before the effective date of the proposed changes as provided in these Payments Terms. In case of (i) non-material changes to these Payments Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the Payment Services provided by GNM Payments or (ii) changes that are required by law, a legally binding court decision or binding order of a competent authority, your continued use of the Payment Services after the effective date of the proposed changes will constitute acceptance of the revised Payments Terms.

13.2 Term

This agreement between you and GNM Payments reflected by these Payments Terms is effective when you create an GNM account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.

13.3 Termination

You may terminate this agreement at any time by sending us an email. Terminating this agreement will also serve as notice to cancel your GNM account pursuant to the Terms. Without limiting our rights specified below, GNM Payments may terminate this agreement for convenience at any time by giving you two (2) months’ prior notice. GNM Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) GNM Payments believes in good faith that such action is reasonably necessary to protect other Members, GNM, GNM Payments, or third parties.

13.4 Suspension and Other Measures

GNM Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if GNM Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of GNM, its Members, GNM Payments, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method.

13.5 Appeal

If GNM Payments takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service.

13.6 Effect of Termination

If you cancel your GNM account as a Provider or GNM Payments takes any of the measures described above, GNM Payments may provide a full refund to any Drivers with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

If you cancel your GNM account as a Driver, GNM Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.

If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new GNM account or attempt to access and use the Payment Services through an GNM account of another Member.

13.7 Survival

Unless your country of residence is in the EEA, Sections 5 through 17 of these Payments Terms shall survive any termination or expiration of this agreement.

14. Governing Law and Dispute Resolution

If you are contracting with GNM Payments, these Payments Terms will be interpreted in accordance with Slovak law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Slovak law. As a consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a court in Slovakia. If GNM wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Slovak courts.

15. Miscellaneous

15.1 Interpreting these Payments Terms

Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between GNM Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between GNM Payments and you regarding the Payment Services. If any provision of these GNM Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

15.2 No Waiver

GNM Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.

15.3 Assignment

You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without GNM Payments’ prior written consent. GNM Payments may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with two (2) months’ prior notice.

15.4 Notices

Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by GNM Payments via email or GNM Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which GNM Payments transmits the notice.

15.5 Language

If you are contracting with GNM Payments, this agreement is concluded in the language as applied by the Terms and all communication undertaken during this contractual relationship shall be made in that language.

16. Additional Clauses for Members that are Businesses

The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).

16.1 You accept the Payments Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.

16.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.

16.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.

16.4 For any Payout Method linked to your GNM account, you authorize GNM Payments to store the Payout Method, remit payments using the Payout Method for bookings associated with your GNM account and take any other action as permitted in the Payments Terms in respect of the Payout Method.

16.5 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.

17. Contacting GNM Payments

You may contact GNM Payments regarding the Payment Services using the information below:

ENTITY	CONTACT INFORMATION
Garages Near Me s.r.o.	Please contact GNM Customer Service if you need assistance with updating your personal or business information. If you would like to make a complaint, please write to us at: Pajorova 1/1160 SK-04001 Košice Slovakia Company Number: 54242894 VAT ID: SK2121613824

Offline Fee Policy

For the most part, Providers can’t collect any additional fees or charges outside our platform unless expressly authorized by us.

All Providers can charge and collect certain fees using a separate payment method⁠—as long as they’re detailed in the listing and included in the price breakdown before booking. These include:

Security deposit: A refundable deposit that can be used to cover any damage that occurs during the duration of the booking

Providers usually collect these fees at check-in.

Off-Platform Policy

By providing on Garages Near Me, you agree to abide by our terms and policies, including our Terms of Service, which we reserve the right to enforce at our sole discretion. In the event of repeated or severe violations, we may suspend or permanently deactivate a person’s account.

In order to protect our community and business, the following behaviors are prohibited:

Taking people off of the GNM platform for new, partial, or future bookings

Contacting potential drivers prior to booking on GNM to move the booking off of GNM (ex: offering discounts to book off of GNM)

Asking drivers to fill out forms, or call, email, or otherwise contact you via a non-GNM communications service prior to accepting booking requests

Canceling existing full or partial reservations and having drivers rebook off of GNM

Asking or encouraging drivers to book outside of GNM for repeat or future bookings

Including links or embedding buttons (ex: footers, headers) that take people off of GNM to another website in any messages to drivers including but not limited to emails

Asking Drivers for, or using, contact or identity information in ways unrelated to their Reservation, or that compromise the quality of their Reservation

Asking drivers for contact information prior to booking; all Driver communications prior to booking must take place on GNM

Soliciting drivers for their email, mailing address, or other communications channels using the GNM messaging system after a booking

Asking drivers for contact information after a booking in order to run credit checks or background checks

Asking drivers to send photos of their government ID prior to arrival except where required for legal or compliance reasons as outlined below

Asking for or using drivers’ contact information to settle additional payments outside of GNM’s platform; all payments related to a driver’s Reservation, including extensions of said agreement stay (and besides exceptions identified below), must go through GNM

Using contact information provided by GNM for other purposes that violate our Terms of Service

Selling, sharing, or using driver contact information for marketing communications or signing drivers up for contact lists

Exceptions

You may require additional contact/identity information if it is required for legal or compliance reasons and can be verified by a Provider upon request by GNM (such as local laws, building or establishment security rules). In such instances, Providers must include information about what is required and why in their Listing description, so Drivers understand this additional step is a requirement prior to booking. Providers are responsible for ensuring compliance with applicable data privacy laws.

After accepting a booking, you may ask a driver to confirm that the contact information provided by GNM is an appropriate way to get in touch during their Reservation or if the Driver requests an alternative or communication after booking

You may use an alternative means of communicating with a driver if requested by a driver after booking (ex: chat app), however, you must ensure such communications comply with the other requirements of this policy

Taking people off of the GNM platform for feedback and reviews

You may not ask drivers to review a GNM reservation on a non-GNM website or fill out a survey regarding a GNM reservation on a non-GNM website (such as a form off of GNM) unless you are an approved Provider partner. These actions take valuable input about a driver’s Reservation away from the GNM community. We want drivers to share their feedback directly on GNM so that other drivers may benefit from their insights.

Requiring drivers to use other websites or apps to physically access their listing

Asking drivers to create a separate account or register on another website besides garages-near-me.com for purposes of gaining entry to a listing

Asking drivers to install a third-party app to access a listing; all listings on GNM should be accessible to a driver without requiring they have another app or account

Exceptions

Additional registration or installation of additional apps is permitted where it’s required for legal or compliance reasons which a Provider can verify in writing upon request by GNM (such as local laws, building security rules). In such instances, Providers must include information about what is required, and why, in their driver-facing listing description, so drivers understand this additional step is a requirement prior to booking.

Keyless entry apps and apps that facilitate a driver’s experience during the stay as long as they are optional.