Terms of useLast updated 29.09.2024These terms of use represent an agreement (“The Agreement”) entered between you (“You”) and Individual Entrepreneur Aliya Abdukarimova (“Power Up”) and sets forth the legally binding terms and conditions for Your use of the Services (“The Services”) provided by Power Up. The purpose of this Agreement is to regulate the Services provided by Power Up, which is to provide Powerbank rental services to You in accordance with The Agreement.
For Your use of the Services, Power Up requires that You agree to all the terms and conditions in The Agreement. “The Services” means the Charging Stations, the Powerbanks, and the Power Up App and its related services as described in Power Up App, together with any other related information made available by Power Up.
“Power Up App” means the software applications accessible via mobile device by which You may gain access to the Charging Stations and the Powerbanks.
1. General1.1 Parties to the Agreement
You and Power Up are the sole parties to The Agreement. You are the sole user of the Services and thereby You are solely responsible for compliance with all terms and conditions set out in The Agreement.
1.2 You acknowledge and agree that:
- You are at least 18 years of age.
- You are familiar with the safe and competent operation of a Powerbank.
- You will use the Charging Stations and the Powerbanks with care and shall not damage them. You are responsible for any damage caused to the Charging Stations or the Powerbanks by your or any third party’s improper use of them.
- You agree that the Services at all times remain the property of Power Up.
- You are aware that the number of Charging Stations and Powerbanks is limited and that charging availability is never guaranteed. Access to The Services may also be limited or restricted due to maintenance, force majeure, and other circumstances preventing Power Up from providing The Services.
1.3 How to use The Services
To rent a Powerbank, you have to take the following steps:
Download the Power Up App from Apple App Store or Google Play Store. Log on by using your telephone number or via Facebook or Google. You will now see a map showing your position and the positions of Power Up’s Charging Stations. At the Charging Station, you open the QR-scanner and scan the Charging Station’s QR code.
Your payment method is charged when you return the Powerbank. All fees are subject to change.
Prices may vary depending on location, country, and more. Read more about prices at [Power Up FAQ].
1.4 Unauthorized use
You must not attempt to gain unauthorized access to the Power Up App, Charging Stations, or Powerbanks for any purposes. The Power Up App, Charging Stations, and Powerbanks may only be used for the purposes pursuant to The Agreement.
1.5 Rental times
Maximum rental time for a Powerbank is 72 hours. If the Powerbank is not returned to a Charging Station within the maximum rental time, Power Up will consider the Powerbank as lost, and your deposit is consumed. Thereafter, you can return the Powerbank at any Charging Station. Power Up will not charge You any extra fee when returning the Powerbank.
1.6 Fees
Your rental of a Powerbank is on a pay-per-charge basis or as otherwise in accordance with the pricing as described in the Power Up App. In each case, fees and other charges may be subject to applicable taxes and government charges, which may be collected by Power Up. Power Up will charge your debit card or other agreed payment methods when returning the Powerbank to a station or consuming the full deposit.
Prepaid balance is not subject to refund.
1.7 Payment methods
You must provide Power Up’s payment provider with information and details to a valid credit or debit card in order to use The Services. You represent and guarantee to Power Up that You are authorized to use any credit or debit card information You provide. You authorize Power Up to charge the provided card for all fees that You incur. All fees are subject to applicable taxes and other local government charges, which may be charged and collected by Power Up.
In order to dispute any and all charges by Power Up to the credit or debit card provided by You, You must contact Power Up within 2 months from the date of the disputed charge.
1.8 VAT
All transactions are subject to VAT as required by the applicable laws of the jurisdiction where Power Up operates.
2. Disclaimer
You do hereby acknowledge and agree that Your use of The Services and operation of the Charging Stations and Powerbanks is at Your sole risk. Power Up provides The Services with no warranties whatsoever in regards to the Services.
You do hereby recognize and acknowledge that the transmission of information through telecommunications channels is unpredictable and depends on, amongst other issues, Your telecommunications operator and the proper maintenance of Your device. Power Up gives no guarantee of the continued availability of reception of The Services.
3. Privacy
By using the Services, You acknowledge and accept that Power Up uses Your personal data in accordance with the Power Up Privacy Policy, made available at [Power Up Privacy Policy].
4. Start date, cancellation, and termination4.1 Start date
The Agreement enters into force between You and Power Up from the first time You use The Services.
4.2 Cancellation
You may uninstall the Power Up App at any time. The Agreement is in force for as long as You use The Services and ends 10 years after Your last use of The Services.
4.3 Termination of The Agreement by Power Up
Power Up may at any time and for any or no reason terminate Your right to use the Services, without Your consent and without any notice or cause. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use The Services, regardless of how The Agreement is terminated.
5. Disputes
Any and all disputes regarding The Agreement shall be made in written form to the contact information given in Article 6 below.
6. Contact
Power Up can be contacted by emailing info@powerup-go.com, or by regular mail to Power Up’s physical address.
7. Governing law and jurisdiction
You agree that any disputes arising out of or relating to the Agreement, the breach thereof, or the subject matter thereof shall be governed per the laws of [applicable country laws] and be settled exclusively by the courts of [jurisdiction], with the [specific court] as the court of first instance.
8. Final agreement and modifications
You acknowledge that The Agreement contains the complete and final agreement between You and Power Up.
This Agreement supersedes all other prior agreements, written or oral. At any time and from time to time, and without Your consent, Power Up may unilaterally amend, modify, or change The Agreement, in its sole discretion and without any prior notice or cause. By continuing to use The Services after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. You must carefully review The Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. The fees set forth in the Power Up App supersede all fees set forth in The Agreement.
9. Voluntary execution of this agreement
You acknowledge that You voluntarily have read The Agreement, understand the terms and consequences of The Agreement, and You are fully aware of the legal and binding effect of The Agreement.
