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Terms and Conditions

OkadaMotto Terms of Service

Effective Date: September 25, 2024
I. Introduction

A. Acceptance of Terms

Welcome to. Please read these Terms of Service (“Terms”) carefully. By accessing or using our services, applications, or websites (collectively, the "Services"), you agree that you have read, understood, and agree to be bound by all of these OkadaMotto Terms.   If you do not agree to these Terms, you may not access or use the Services.

 This policy document outlines the framework for operations between OkadaMotto, the commercial motorbike (moto) riders, and users accessing the platform in Ghana and Liberia. The document establishes clear guidelines to ensure the safety, efficiency, and fairness of all stakeholders, including riders, platform users, and the company.

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B. Modifications to Terms

OkadaMotto reserves the right to modify these Terms at any time without prior notice. Such modifications shall be effective once any of the following have occurred: (i) they are posted on the website, or (ii) at the OkadaMotto App , or (iii) we have notified you by email or through the app. Your continued use of the Services after any such modifications constitutes your acceptance of the new Terms.

 

C. Eligibility

  1. Minimum Age Requirement: You must be at least 18 years old to use the Services.

  2. Legal Capacity: You represent that you have the legal capacity to enter into a binding agreement.

  3. Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations while using the Services.

II. Definitions

  • ​"OkadaMotto":  Refers to OkadaMotto Inc., including its affiliates, subsidiaries, and successors.

  • "User":  Any individual accessing or using the Services, including Riders and Drivers.

  • "Driver":  Licensed motorbike operators offering transportation services through the OkadaMotto platform.

  • "Services":  The ride-hailing platform, mobile applications, website, and related services offered by OkadaMotto.

  • "App Platform Access":  The rights and permissions granted to Drivers and Users to operate and access the OkadaMotto App.

III.  Use of Services

A. User Accounts

  1. Legal Age: By using the OkadaMotto App you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into a legally binding agreement.

  2. Account Registration: You must provide accurate, current, and complete information during registration and keep your account information updated in a timely manner so that it remains true, accurate, and complete.

  3. Account Security: You will maintain the confidentiality of your account credentials and for all activities that occur under your account.

  4. Account Activity: You agree to notify OkadaMotto immediately of any unauthorized use of your account or any account security issue.

  5. No Use By Others: You agree that your will not authorize others to use your identity or user status and you may not assign or otherwise transfer your  account to any other person or entity.

 

B. User Requirements and Conduct

  1. Prohibited Activities: You agree not to engage in any unlawful activities, harassment, discrimination, or any behavior that threatens the safety of others.

  2. Behavior Standards: You must treat Drivers and other Users with respect and refrain from disrespectful or inappropriate behavior. You will never use the Services and/or the OkadaMotto App in any way which may cause nuisance .

  3. Compliance with Policies: You agree to adhere to all OkadaMotto policies, guidelines, and community standards.

  4.  Improper Uses: You agree that you will never try to interrupt, impair or harm the Services and/or the OkadaMotto App and/or the OkadaMotto website in any way, and you shall at all times refrain from: (a) sending spam or otherwise duplicative or unsolicited messages; (b) sending or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfering with or disrupt the integrity or performance of the the Services, the OkadaMotto App, or the data contained therein; (e) attempting to gain unauthorized access to the Services and/or the OkadaMotto App or its related software, systems or networks; (f) impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity; (g) engaging in any conduct that could possibly damage our reputation or amount to being disreputable; (h) circumventing the proper operation of the Services and/or the OkadaMotto App and network which the Services operate on; and (i) using any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, to unduly burden or hinder the operation and/or performance of the Services and/or the OkadaMotto App, or to circumvent the navigational structure or presentation of the Services and/or the OkadaMotto App or its content.

  5. No Fraud:  You will not use Services and/or the OkadaMotto App with the intent of facilitating any activities intended to defraud OkadaMotto or to disrupt the functions of the Services and/or the OkadaMotto App.  OkadaMotto shall have the right to suspend or cancel the processing of any transaction whenever (i) it reasonably believes that the transaction may be fraudulent or illegal, or (ii) you have breaded any of these Terms.  In the event of any such suspension or cancellation you agree that you shall not hold OkadaMotto liable for the withholding, delay, suspension, forfeiture or cancellation of any payment to you.

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C. Driver Requirements and Conduct

  1. Eligibility for Drivers:

    • Legal Requirements:

      • Drivers must be licensed to operate a motorbike in the applicable jurisdiction.

      • Drivers must possess valid commercial motorbike insurance coverage.

      • Motorbikes must comply with local road safety regulations, including roadworthiness and vehicle registration.

    • Platform Requirements:

      • Drivers must be at least 18 years old.

      • Prior to using the app, Drivers must:

        1. Visit OkadaMotto offices in person for identity verification and inspection of their motorcycle.

        2. Pass a background check conducted by OkadaMotto and security enforcement agencies; and

        3. Complete OkadaMotto's training on Driver and Passenger safety, customer service, and the use of the platform.

      • Drivers must maintain a smartphone with an active data connection to access and operate the OkadaMotto App.

  2. Safety Compliance:

    • Drivers must at all times wear appropriate safety gear, including helmets, at all times.

    • Drivers must always ensure that passengers are equipped with a helmet before beginning each trip.

    • Drivers must at all times comply with all local traffic regulations.

  3. Vehicle Maintenance:

    • Drivers must ensure their motorbikes are always in good working condition and meet all safety standards.

    • Drivers must perform regular maintenance checks to prevent accidents or breakdowns.​

  4. Professional Conduct:

    • Drivers are expected to always maintain professional and courteous behavior towards passengers.

    • Drivers must refrain from engaging in illegal activities while on duty.

    • Drivers must not solicit customers outside of the platform's system.​

  5. Account Management:

    • Drivers must at all times maintain accurate and updated personal and vehicle information in the app.

    • Drivers are responsible for keeping track of their earnings and ensuring their compliance with taxation laws where applicable.

    • Drivers are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.

    • Drivers agree that they will not authorize others to use their account, identity or user status and they may not assign or otherwise transfer their user account to any other person or entity.

    • Drivers agree to notify OkadaMotto immediately of any unauthorized use of their account.

IV. Payment Terms

A. Fare Estimates and Pricing

  1. Fare Calculation:  Fares are calculated based on a base rate, distance traveled, and time spent during the ride.

  2. Estimates:  Any fare estimates provided are approximate and may change based on actual trip conditions.

  3. Payment:  Users agree to pay the full amount of the fare as calculated by the OkadaMotto App by the method selected at the time of booking.  All such payments shall be non-refundable.

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B. Payment Methods

  1. Accepted Forms of Payment:  We accept mobile money, digital wallets, and cash as payment methods.

  2. Payment Authorization:  You authorize OkadaMotto to charge your selected payment method for all charges incurred.

  3. Receipts:  An electronic receipt will be sent to you detailing the trip charges after each ride.

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C. Cancellation Policies

  1. User Cancellations:  You may cancel a ride request at any time before you commence your ride or delivery without incurring a fee. If you cancel after the Driver has arrived to your pick up location, a cancellation fee may apply.

  2. Driver Cancellations:  Drivers may cancel a ride for valid reasons. However, repeated cancellations may affect your access to the Services and/or the OkadaMotto App.

  3. Cancellation Fees:  Applicable fees will be disclosed at the time of cancellation.  If you feel that you were incorrectly charged a cancellation fee, please contact OkadaMotto at support@okadamotto.com.  

  4. Frequent Cancellations:  Frequent cancellations by either passengers or Drivers will affect the quality of the Services and the reputation of OkadaMotto and may result in account suspension at the sole and absolute discretion of OkadaMotto.

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D. Promotional Offers

  1. Promo Codes:  Promo codes may have expiration dates and usage limits and are subject to specific terms and conditions.

  2. Referral Programs:  You may earn referral rewards by inviting new Users, subject to program terms.

  3. Abuse of Promotions:  OkadaMotto reserves the right to withhold or deduct credits if fraudulent activity is suspected.

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E. Access Fees

  1. Service Fee:  Drivers will be charged a service fee (“Service Fee”) by OkadaMotto for each ride completed. The percentage will be set in OkadaMotto App’s terms of service and is subject to change. The Service Fees are payable by Drivers immediately upon completion of a trip and are non-refundable.  The Service Fees shall remain non-refundable even if your decide to terminate you access to the Services and/or the OkadaMotto App, or we decide to terminate or suspend your access to Services and/or the OkadaMotto App, or in the event of any disruption Services and/or the OkadaMotto App or any kind.

V. Operational Procedures

A. Trip Request and Matching

  1. Ride Requests:  Users request rides through the OkadaMotto App, and available Drivers will be notified. The availability of Drivers shall be determined by OkadaMotto based on distance and/or time to the pickup point and any other factors which OkadaMotto, in its sole and absolute discretion, may apply.

  2. Acceptance of Trips:  Drivers must accept or reject trip requests based on their availability.

  3. GPS Tracking:  A successful trip match initiates a GPS-tracked route on the app for both the User and Driver.

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B. Ride Completion and Payment

  1. Payment Processing:  Upon completion of the trip, the fare will be automatically deducted from the User's account or paid in cash where applicable.

  2. Confirmation:  Drivers must confirm ride completion on the app to receive payment.

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C. Cancellations

  1. Cancellation Policies:  Riders or Users can cancel trips before the ride begins. Frequent cancellations by either party may result in account suspension.

  2. Cancellation Penalties:  OkadaMotto will define specific cancellation penalties for both Drivers and Users, which will be communicated through the app or by email.

VI. Safety and Incident Management

A. Safety Compliance

  1. Safety Gear:  Both Drivers and Users must wear helmets provided by the Driver.

  2. Compliance with Laws: All parties must at all times adhere to local traffic laws and safety regulations.

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B. Accidents and Emergencies

  1. Emergency Protocols:  In case of an accident or emergency, Drivers must prioritize the safety of the User and themselves, following OkadaMotto's emergency protocols.

  2. Reporting:  Drivers must report accidents immediately to OkadaMotto and, where necessary, to local authorities.

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C. Incident Reporting

  1. User Reports:  Users can report incidents such as misconduct, unsafe behavior, or app malfunctions through the platform's help section.

  2. Investigation and Action:  OkadaMotto will investigate reports and take necessary action, including suspension or permanent account deactivation.

VII. App Platform Access Rights and Responsibilities

A. Data Privacy and Security

  1. Account Security:  Drivers and Users are required to protect their account details, including usernames and passwords.

  2. Suspicious Activity:  OkadaMotto reserves the right to suspend or terminate accounts if suspicious activity is detected.

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B. Compliance with App Policies

  1. Policy Adherence:  Drivers and Users must comply with all in-app policies, including fare pricing, cancellations, and dispute resolutions.

  2. Prohibited Actions:  Drivers are prohibited from charging Users beyond the app's pricing system.

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C. Dispute Resolution

  1. Reporting Disputes:  Drivers must report any disputes with Users to OkadaMotto through the platform's support system.

  2. Mediation:  OkadaMotto will mediate disputes between Drivers and Users in accordance with the dispute resolutions terms set forth below .

VIII. Intellectual Property

A. Ownership of Content

  1. OkadaMotto's Rights:  All rights, title and interest in any content, features, and functionality, or related intellectual property rights, in and to the Services and the OkadaMotto App are owned by OkadaMotto and are protected by intellectual property laws. This includes all rights, title and interest to any suggestions, ideas, feature requests, suggestions, feedback, recommendation or other information provided by any User.

  2. User Content: By submitting content, you grant OkadaMotto a worldwide, perpetual, irrevocable, transferable, royalty-free license to use, reproduce, and display such content.

 

B. License to Use

  1. Limited License:  OkadaMotto grants you a non-exclusive, non-transferable license to access and use the Services and/or the OkadaMotto App for personal, non-commercial purposes subject to the terms and conditions of these Terms.  All rights which are not expressly granted to you by these Terms are reserved by OkadaMotto.

  2. Restrictions:  You agree not to reproduce, distribute, modify, or create derivative works from any portion of the Services without OkadaMotto's express written consent.

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C. Trademarks and Logos

  1. Use of Marks:  You may not use OkadaMotto's trademarks, logos, or branding without prior written permission.

IX. Disclaimers and Limitation of Liability

A. No Warranty

  1. Services Provided "As Is":  The Services are provided to your strictly on an "as is" and "as available" basis. OkadaMotto disclaims all warranties, express or implied.  All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the fullest extent permissible by law.

  2. No Guarantees:  OkadaMotto does not represent, warrant, or guarantee that (i) the Services will be uninterrupted, secure, or free of errors or other harmful components, or will operate in combination with any other hardware, software, system or data (ii) any stored data will be accurate or reliable, or (iii) the quality of any products, services, information or other materials purchased or obtained by you through the Services will meet your requirements or expectations. 

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B. Limitation of Liability

​​​​UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW,  OKADAMOTTO OR GOLD COAST MOBILITY INNOVATIONS SHAL L NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES AND ANY CLAIMS AGAINST OKADAMOTTO OR GOLD COAST MOBILITY INNOVATIONS  BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. OKADAMOTTO, GOLD COAST MOBILITY INNOVATIONS  AND/OR THEIR LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE, INCLUDING BUT NOT LIMITED TO:

(I)   LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

(II) THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

(III) . ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR

(IV)  AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY CONSUMER, PARTNER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE,

EVEN IF OKADAMOTTO OR GOLD COAST MOBILITY INNOVATIONS AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(V)  OKADAMOTTO OR GOLD COAST MOBILITY INNOVATIONS  DO NOT WARRANT OR REPRESENT THAT THEY ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY CONSUMER OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE OKADAMOTTO OR GOLD COAST MOBILITY INNOVATIONS  FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS.

(VI)  OKADAMOTTO OR GOLD COAST MOBILITY INNOVATIONS WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND CONSUMERS OR PARTNERS  INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS..  OKADAMOTTO OR GOLD COAST MOBILITY INNOVATIONS  CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE PARTNERS, INCLUDING  MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE AND/OR THE PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE OKADAMOTTO OR GOLD COAST MOBILITY INNOVATIONS T FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE AND/OR THE PLATFORM, OR IN ANY WAY RELATED TO THE PARTNERS INCLUDING  MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE AND/OR THE PLATFORM.

(VII) THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PARTNER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO THE CONSUMER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO SOLUTIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

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C. Indemnification

  1. User's Responsibility:  You agree to indemnify and hold OkadaMotto harmless from any claims, liabilities, damages, losses, and expenses arising out of your use of the Services.

  2. Scope of Indemnification:  This includes reasonable legal and accounting fees.

X. Dispute Resolution

A. Governing Law

These Terms are governed by the laws of Ghana without regard to the choice or  conflict of law principles or rules or statutes of any jurisdiction.

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B. Arbitration Agreement

  1. Mandatory Arbitration:  Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration.

  2. Arbitration Procedures:  Arbitration shall be conducted  pursuant to the Ghana Alternative Dispute Resolution Act 2010, Act 798.

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C. Class Action Waiver

  1. Individual Claims Only:  You agree to resolve disputes on an individual basis and waive the right to participate in a class action lawsuit.

  2. No Consolidation:  Disputes cannot be consolidated with those of other Users.

XI. Privacy Policy

Please refer to the OkadaMotto privacy policy at this link:  Privacy Policy

XII. Third-Party Services

A. Links to Third-Party Websites

  1. No Endorsement:  Our Services may contain links to third-party websites. OkadaMotto does not endorse or assume responsibility for any such sites.

  2. User Responsibility:  Accessing third-party sites is at your own risk.

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B. Third-Party Terms

  1. Compliance Required:  Your use of third-party services is subject to their respective terms and conditions.

XIII. Termination

A. Termination by User

  1. Account Deactivation: You may deactivate your account at any time through the app or by contacting customer support.

  2. Effect of Termination: Upon termination, your right to use the Services will immediately cease, but you remain responsible for any unpaid amounts.

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B. Termination by OkadaMotto

  1. Voluntary Termination:  Drivers may terminate their association with OkadaMotto by providing written notice. Any pending payments will be settled upon termination.

  2. Involuntary Termination:  OkadaMotto reserves the right to terminate Drivers' or Users' accounts for violations of these Terms or for non-performance.

  3. Notice of Termination:  We will notify you of the termination and the reasons for it, if applicable.

  4. Appeals Process:  Drivers or Users may appeal terminations through OkadaMotto's appeals process.

  5. Post-Termination:  Certain provisions, such as dispute resolution and indemnification, will survive termination.

XIV. Compliance and Monitoring

A. Monitoring and Enforcement

  1. Performance Monitoring:  OkadaMotto will continuously monitor Driver performance, including such things as service quality, trip completion rates, and customer feedback.

  2. Non-Compliance:  Non-compliance with these Terms may result in suspension, fines, or permanent exclusion from the platform.

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B. Periodic Review

  1. Policy Updates:  These Terms will be reviewed periodically to ensure alignment with local transportation laws, safety regulations, and market changes.

  2. Amendments:  OkadaMotto reserves the right to amend these Terms as necessary.

XV. Miscellaneous

A. Entire Agreement

These Terms constitute the entire agreement between you and OkadaMotto and supersede any prior or contemporaneous negotiations or discussions, agreements or understanding between you and OkadaMotto. 

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B. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

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C. Assignment

OkadaMotto may assign its rights and obligations under these Terms without restriction. You may not assign your rights without OkadaMotto's prior written consent. Any such purported assignment by you shall be void.

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D. Nature of Relationship

Nothing contained in these Terms or any action by OkadaMotto or any of affiliates, officers, directors, members, employees, attorneys and agents shall be construed as in any way creating any employment relationship, or agency, partnership, or other form of joint enterprise with OkadaMotto.​

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E. Notices

  1. Method of Communication: Notices may be sent via email, app notifications, or posted on our website.

  2. Effective Date: Notices are effective upon delivery or posting.

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F. Waiver

OkadaMotto's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

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G. Contact Information

For any inquiries, disputes, or support, please contact OkadaMotto Support at:

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