PLEASE READ EACH PROVISION OF THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES (DEFINED BELOW). BY ACCESSING AND/OR USING OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT AND THE CONDITIONS OF USE STATED HEREIN, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, DO NOT ACCESS OR USE THE SERVICES.

WE MAY AMEND THIS AGREEMENT FROM TIME TO TIME. AMENDMENTS WILL BE EFFECTIVE UPON POWER PAL’s POSTING OF SUCH UPDATED AGREEMENT HERE. YOUR CONTINUED ACCESS OR USE OF THE SERVICES AFTER SUCH POSTING CONSTITUTES YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, AS AMENDED.

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION 2 BELOW. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. BY AGREEING TO WAIVE CLASS ACTION RIGHTS, EACH PARTY AGREES THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.

These terms of use shall be deemed the rental agreement between the Portable Power Bank provider POWER PAL (_HERE IN AFTER REFERRED TO AS, “POWER PAL”) AND THE CUSTOMER (HERE IN AFTER REFERRED TO AS,”USER”) WHO IS PROVIDED WITH THE Portable Power Bank for use.

The agreement is procured by the pick-up and return location (hereinafter referred to as “point of sale”). The terms of use shall apply to both users registered with POWER PAL and Users not registered with POWER PAL. All obligations vis-à-vis the User that result from these terms of use shall be solely fulfilled by POWER PAL and not by the Point of Sale. The Point of Sale shall procure POWER PAL’s_ _service on a trust basis on behalf and for the account of POWER PAL.

1. Term & termination of the rental service.

The rental agreement shall be deemed concluded as soon as the User has returned the Portable Power Bank.

  • The rental agreement shall have a maximum term of 6 days.
  • if the User fails to return the Portable Power Bank within 6 days, the rental agreement shall be terminated automatically.
  • The Portable Power Bank shall then become the property of the user and the amount of $30.00 including taxes and rental fees will be charged to the user’s credit card or debt card used to preapprove the charge.
  • The user ends the rental agreement by returning the Portable Power Bank and paying any outstanding default fees. The User hereby authorizes POWER PAL to charge at any time, any and all outstanding fees due by the rental service and liabilities to the wallet and/or credit/debit cards used in order to access the services as in Power PAL records.

2. Rental fee

The rental fee amounts to the figure set in Power PAL; however, it may be changed due to price adjustments or promotions. The rental fee set out at the time the agreement is concluded shall apply. The rental fee shall authorize the User to consume the power contained in the Portable Power Bank and to use the Portable Power Bank for the maximum period of 06-days (starting the date and time of receiving the Portable Power Bank). The minimum credit to be added to your POWER PAL Wallet is $5.00, which will always be applied upon immediate or future rentals.

3. Preauthorized Deposit

The users credits card or debt card will be pre-authorized T for $30.00 as a security deposit for the Portable Power Bank during the rental period. The deposit shall be refunded in full if the User returns the Portable Power Bank and cable undamaged within the 06-day maximum rental period less the total rental fees for the period rented. In this case the User authorizes POWER PAL to charge at any time, the amount of the deposit.

4. Default/Purchase fee

If the User fails to return the Portable Power Bank within the 02-days rental period, default/purchase fees amounting to $30 (plus applicable taxes) in addition to the total amount for the rental period of $4.00 per day will be charged to your credit/debit card on file.

No further default fees shall accrue, and the charger shall become the property of the User.

5. Transfer of ownership after 06-days.

If the User has failed to return the Portable Power Bank, after the maximum 06-day period from the time the Portable Power Bank was picked up by the User. The Portable Power Bank comes with a 30 days, “replacement only” warranty and only if the portable power bank fails due to manufacturers or workmanship under normal use and conditions. Misuse, mistreatment or damage to the charger due to negligence, reckless use, or inappropriate usage conditions will not qualify the charger for replacement.

6. Payment

Registered Users shall provide a valid means of payment (credit card, debit card, debit account) in their account at POWER PAL. At the time of pickup, the rental fee shall be debited from the means of payment the User provided, and the deposit will be blocked on the said means of payment. The User can view the payment confirmation electronically (e.g. via the App, e-mail or website).

The Portable Power Bank shall only be used for charging conventional smartphones, mobile phones and tablets. The User shall use the Portable Power Bank carefully and as intended and protect it from misuse. Instructions are provided on POWER PAL’s www.powerpal.app

7. Misuse

The Portable Power Banks must not be misused. Misuse shall particularly be the deliberate soiling of and damage to charger, cable or label or technical manipulations to the Portable Power Bank as well as incorrect use.

8. Return of the Portable Power Bank

The Portable Power Bank can be returned at any POWER PAL Power Bank Rental Station location. All available power bank rental station locations can be found on the POWER PAL app or website.

9. Cancellation Policy

Any remaining credit different from the deposit left on the user’s account shall not be refunded upon cancellation of contract for any reason at all.

The outstanding deposit at the time of return shall be refunded or liberated upon return of the power charger as long as it was returned in the same condition as when rented. If the POWER PAL System or any of its personnel detects a possible defect to the charger to the Portable Power Bank (e.g. any damage to the Portable Power Bank, label, cable or other), the repayment of the deposit shall be postponed until the functionality of the charger has been checked by POWER PAL.

In case the User is liable for the damage, the deposit shall not be refunded. In case the User is not liable for the damage, the deposit repayment shall be made electronically. The period for checking the Portable Power Bank and returning the outstanding deposit shall not exceed 30 days after the return of the Portable Power Bank. During this period, the Portable Power Bank shall be retained by the Point of Sale and/or by POWER PAL and the assessment of the nature of the damage shall be the sole prerogative of POWER PAL and its diagnosis shall be final.

10. Survival of Terms

All sections of the present agreement which by their nature survive termination shall continue in full force and effect beyond any termination of the agreement, including, without limitation, all provisions which relate to disclaimers, limitation of liability, waiver and indemnification and charges to means of payment.

11. Support

The User may use POWER PAL’s support free of charge at any time in order to solve problems arising in connection with the use of the Portable Power Bank. All methods for contacting Support can be found at www.POWERPAL.com/support.

12. Changes

POWER PAL shall reserve the right to change the terms of use at any time. The respectively updated terms of use can be found at www.POWERPAL.com/terms Users can also obtain information on changes by e-mail. For this purpose, they require a free POWER PAL account. The change shall become an integral part of the agreement if the User fails to object to it in writing to POWER PAL within 2 weeks after the receipt of the notification of change.

13. Data protection

Data collected within the context of the service shall be treated, processed and used according to the provisions of the law. The user data shall only be used by POWER PAL and shall not be disclosed to third parties. Refer to the detailed privacy policies at: www.POWERPAL.com/privacy

Account Security

It is your responsibility to safeguard and maintain the confidentiality of your Login ID and Password. You agree you are solely responsible for safeguarding and maintaining the confidentiality of your Login ID and Password.

You agree not to share or permit others to use your Account or Password, or assign or transfer your Account to any other person or entity. You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your User Account.

All activities conducted through your User Account (including but not limited to the use of the Power Bank, return of the Power Bank, and Platform and/or Services etc.) is deemed to be conducted by you. You are responsible for all activities conducted through your User Account regardless of whether such activities are carried out with your consent or knowledge or otherwise.

We have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account.

You must notify us immediately at [ ] if you suspect or are aware of any unauthorized access to or use of your User Account. You acknowledge and agree that a reasonable amount of time is required for us to investigate and take any action relating to your notifications. Until our investigations are complete, you continue to be responsible for all activities conducted through your User Account.

Protecting the personal information of our customers is important to us. Personal information of other users may be disclosed or made available to you by other users through the Platforms. You agree that you will keep confidential and will only disclose or use such information for the purposes for which such information was disclosed to you.

Ownership of intellectual property

All rights, title and interest in and to the Platform and/or Services, including all content pursuant to the Services remains and/or shall be the copyright or intellectual property of either us or third parties providing the data (“Data Providers”) (as the case may be).

You may not use the Platform and/or Services, including all content, for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction or circulation to anyone else unless with our express written consent.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from the Service and/or App unless our express written consent is granted.

14. Guaranty & warranty

If the Portable Power Bank shows a technical defect, it may be exchanged free of charge or returned against reimbursement of the costs at the pick-up location within 05 minutes after pick-up. After 05 minutes you must contact us at info@PowerPAL.app. POWER PAL recommends that the User checks the functionality of the Portable Power Bank immediately after pick-up. Further claims for damages or defect-related rights shall be excluded. The improper use or deliberate destruction by the User shall render the guarantee void.

15. Liability

The User shall be liable for loss of and damage to the charger up to the amount of the deposit at most.

POWER PAL shall not be liable for damage caused by the User due to the improper use of the Portable Power Bank to himself/herself, his/her smartphone (or other devices) or third parties intentionally or negligently.

To the maximum extent permitted by law, you agree that the Company shall not be liable to you in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any damage caused to your Devices or any loss of profits suffered by you, whether the same is direct or indirect damages. The Company shall also not be liable to you for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the App or the App Services, whether during or after the License termination. For this clause, indirect or consequential loss or damage includes, without limitation, loss of existing or anticipated revenue or profits, anticipated savings or business, loss of data or goodwill, business interruption, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses. For the avoidance of doubt, the Company excludes from its liability, death or personal injury caused using its chargers, kiosks, equipment, hardware or software. Where the company’s liability is not expressly excluded under these terms or under any applicable laws the company’s liability to you in contract, tort (including negligence) or otherwise whosoever and whatever the cause thereof, arising by reason of or in connection with these Terms, the App and/or the App Services, shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the App Services during the event giving rise to such claims.

Notwithstanding anything that may be to the contrary, no action may be brought by you against the Company, under these Terms or related to the App Services or the App, more than one (1) year after the cause of action arose. For the avoidance of doubt, this limitation shall not apply to claims by the Company against you.

The Company retains absolute discretion in determining whether to provide maintenance and support services for the Portable Power Bank and if so, the type of maintenance and support services.