Covid-19 UVC Sterilization Technology Intergrated Within Battpoint
This Agreement creates binding legal obligations on you. If you do not agree to any of the terms of this Agreement, please do not access the Platforms, use any of the services offered through the Platforms or register an account for such services.
1.1 These terms and conditions constitute the agreement (“Agreement”) between you (“User”) and BATTPOINT Limited and our affiliates (“we,” “us,” or “BattPoint”) regarding your use of our BattPoint power bank renting service (“Service”) in the UK, and applies to our website https://www.battpoint.co.uk (“Website”) and to the BattPoint application for mobile devices (“BattPoint App”) using operating systems such as IOS, Android, and/or Windows Mobile (the Website and the BattPoint App are collectively called the “Platform”).
1.3 We reserve the right to modify the terms of this Agreement at any time. Such changes will become effective when we post the modified Agreement on the Platform. Each time you use the Platform or the Service, the then-current version of this Agreement will apply. If you use the Platform or the Service after a modification of this Agreement, you agree to be bound by the terms of this current version of the Agreement as modified.
1.4 This Agreement contains important information regarding your rights with respect to the Platform and the Service, including your relationship with us. Please read this Agreement carefully, and review this Agreement regularly.
You warrant and represent that:
3.1 You shall register with the Platform through mobile phone verification or other procedure to become a registered user on the Platform. You acknowledge and agree that the information you provide during the user registration process is accurate and complete, and you shall promptly notify us of any changes to the information.
3.2 The user account (“Account”) you create following the registration process shall be personal to you. You may not transfer your Account to anyone else, nor permit or assist others to use the Service through your Account, except for those individuals or businesses that have been expressly authorized by us to create accounts on behalf of their employers or customers.
3.3 After successfully completing the User registration process, you may start using the Service through the Platform in accordance with this Agreement.
3.4 We reserve the right to suspend, deny or revoke your access to your Account, the Platform and/or the Service at any time and at our sole discretion. If you are suspended, or have been denied or had your access revoked you may lodge a User complaint in accordance with the procedures set out in this Agreement.
4.1 You are responsible for the security of your Account including login information and password(s). Please ensure that you log out at the end of each session when using the Website and leave the Platform following the correct steps. If you disclose your Account information you may be responsible for any losses and consequences of such acts.
4.2 Subject to Clause 10.1 of this Agreement, you shall be responsible for all the actions and results carried out under your Account (including, but not limited to, using BattPoint power banks (“BattPoint Power Banks”), returning BattPoint Power Banks, releasing information, disclosing information, opening your address book) whether the actions and results have caused any damage to yourself, us or a third party.
4.3 You must notify us via the Platform immediately if you become aware of any unauthorized use of your Account, or other situation that may cause theft or loss of your Account. Upon notice of unauthorized use we will temporarily lock your Account, but you acknowledge that doing so takes a reasonable amount of time, and it will not be immediate.
4.4 Your Account may only be used by you and may not be shared with any other person. You agree:
4.5 You shall be responsible for all actions and transactions made through your Account unless you have closed it, or reported any misuse of your Account to us via the Platform.
4.6 We attach great importance to the protection of your personal information and information of other users. If you come into contact with any personal information or documents of any other user through your use of the Platform or communication with other users, you shall keep such information confidential and will not in any way disclose such to any other party.
5.1 Using BattPoint Power Banks:
6.1 We have arranged for the provision of public liability insurance, which insures you against liability you incur in respect of injury to a third party or accidental damage to the physical property of a third party arising from your use of a BattPoint Power Bank. This public liability insurance cover is limited in scope and subject to various exceptions. The cost of public liability insurance is included in our charges. For more information or if you are involved in an accident or damage or injury is caused to someone or something while using a BattPoint Power Bank, please contact us at email@example.com immediately or via the Platform.
7.1 The charges for the use of the Service are as displayed on the BattPoint App from time to time.
7.2 If you have received a coupon for BattPoint Power Banks, you may use the coupon in accordance with the user rules provided on such coupon.
7.3 For your convenience, we provide you with few payment options as and when each becomes available in your area:
7.4 In the event that you dispute any charge on your credit or debit card or to your Account, then you should contact us at firstname.lastname@example.org as soon as you become aware of a disputed charge.
8.1 In the event that at any time you have a complaint or dispute regarding the Service or the Platform you can notify us via the Platform or by sending an email to our customer service email at email@example.com
9.1 You acknowledge and agree that in order to protect the rights and interests of other users of the Platform and BattPoint, we may take the following actions without notifying you in advance if we determine, in our sole and absolute discretion, that you have breached any of the terms of this Agreement:
9.2 After any of the above actions is taken, we will text you a notification message. If you have any question regarding our handling of your violation, you may appeal to our customer service email at firstname.lastname@example.org
10.1 Nothing in this Agreement shall limit or exclude BattPoint’s liability for:
10.2 Subject to clause 10.1, you acknowledge and agree that our liability to you whether in contract, tort, for breach of statutory duty or otherwise, arising under or in connection with this Agreement shall be capped at any policy limit of such public liability insurance policy as we have in place in connection with the Service.
10.3 In exchange for your being allowed to use any BattPoint Power Bank, you (acting for yourself and for all of your family, heirs, agents, affiliates, representatives, successors, and assigns) do fully and forever release and discharge BattPoint from all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including legal fees), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the services discussed herein, including in connection with the Platform or use of any BattPoint Power Bank, or (b) your use of any of the foregoing (“Claims”) that you have or may have against BattPoint arising out of or in any way related to your use of the Platform or use of any BattPoint Power Bank. Such releases are intended to be general and complete releases AND WAIVERS of all Claims arising out of or in any way related to your use of the Platform or use of any BattPoint Power Bank.
10.4 Without limitation of the foregoing general releases, you acknowledge and agree that, except as may otherwise be limited by applicable law, BattPoint is not responsible or liable for any claim, including those that arise out of or relate to (a) any risk, danger, or hazard described in this Agreement, (b) your use of, or inability to use the Service, any BattPoint Power Banks, or the Platform, (c) your breach of the terms of this Agreement, or your violation of any law, (d) any negligence, misconduct, or other action or inaction of any third party. You hereby release and waive all claims with respect to any of the foregoing, including those based in contract, tort (including negligence), statutory, or other grounds, even if BattPoint has been advised of the possibility of such claims, to the fullest extent permitted by law.
10.5 You further specifically acknowledge and agree that your use of the Service, BattPoint Power Banks, and/or the Platform are at your sole risk. To the fullest extent permitted by law BattPoint disclaims all express and implied warranties, including warranties of merchantability and fitness for purpose. All of the Service, BattPoint Power Banks, and the Platform are provided “as is” and “as available” (and you rely on them solely at your own risk). BattPoint does not represent or warrant that BattPoint Power Banks or the Platform will be in good repair or error-free. You acknowledge and agree that delays, omissions, interruptions, or inaccuracies could exist with respect to any of the Service and/or the Platform. You assume full responsibility and risk of loss for using any of the Service, BattPoint Power Banks and/or the Platform, and BattPoint is not liable for any claim attributable to any of the foregoing. You assume full and complete responsibility and liability for all consequences and claims of any kind or nature whatsoever related to your stolen or lost BattPoint Power Bank whilst under your control.
10.6 The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Agreement.
11.1 Your agreeing to this Agreement and becoming a User only entitles you to the Service in accordance with the terms and conditions set out in this Agreement. There is no other authorisation, cooperation, partnership or agency between you and us.
11.2 You acknowledge that all intellectual property rights in and to the Platform (including copyright, trademarks, trade names, logos, source and object codes) and relevant proprietary confidential information in the Platform is and shall remain the exclusive property of us or our licensors and nothing in this Agreement shall operate to transfer any intellectual property rights in and to the Platform or any other intellectual property rights owned by us or our licensors to you. You acknowledge and agree that, without the express written authorisation of the owner of such intellectual property rights, you may not use, modify, rent, let, sell, transmit or otherwise violate the above intellectual property rights (such as reverse engineering, decompiling).
11.3 The name and logos of BattPoint are trademarks and trade names of ours and may not be duplicated, imitated or used in whole or in part without our prior written approval. In addition, you acknowledge and agree that all pages, text, graphics, images, button icons and scripts on the Platform form are owned by us and you shall not, or cause any third party to, duplicate, imitate or use in whole or in part without our prior written approval.
11.4 We grant you a limited, royalty-free, non-exclusive, personal, revocable and non-transferable, license to download and use the BattPoint App for your own personal, non-commercial purposes, subject to your compliance with this Agreement. You may use the BattPoint App and our Service only as permitted by this Agreement.
11.5 You are fully and solely responsible for all content, texts and images that you upload, post, transmit or share on the Platform (“User Content”). You may not upload, post, transmit, share or provide any User Content on the Platform that you did not create or that you do not have permission to upload, post, transmit or provide. You represent that you own or have sufficient other legal rights to any and all of your User Content. You agree to only provide User Content that is not in violation of any applicable law and does not infringe any third party’s rights (e.g., not in violation of any applicable intellectual property law or in breach of any agreement). Otherwise you will be solely responsible for all related liabilities. At any time and from time to time, and without your consent, we may review the Platform and delete, remove, or restrict any access to or viewing of any User Content, in our sole discretion and without any notice or cause. When you upload, post, transmit, share or provide User Content on the Platform, you automatically authorise us to make such copies thereof as we may deem, in our sole discretion, necessary or appropriate. By uploading, posting, transmitting, sharing or providing User Content on the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, royalty free, worldwide right and license to use, copy, publicly perform, publicly display, sublicense, reformat, translate, excerpt, distribute, modify, prepare derivative works of, or incorporate into other works any User Content for any purpose (commercial, advertising, or otherwise).
12.1 You agree, without limitation, to indemnify and hold BattPoint and its employees and agents harmless from any death, injury, or damage to yourself, another person or persons, or property arising out of or in any way connected to your use of any BattPoint Power Bank or the Platform caused by your acts, omissions or negligence.
12.2 You agree to indemnify and hold BattPoint and our associated parties jointly providing the Service with us, harmless from all liabilities, claims, losses, damages, expenses, costs (including legal fees incurred at trial, on appeal, or otherwise), debts, fines, penalties and charges, whether direct or indirect, including consequential, exemplary, incidental, special, punitive, lost profits, or otherwise that arise out of or relate to (i) your misuse or inability to use the Platform, (ii) your misuse of any information on or from the Platform, (iii) any unauthorised access or alteration of your transmission or data in connection with the Platform, (iv) any prohibited or malicious action or inaction by you that disrupts the Platform or the Service.
12.3 If your conduct causes us to pay third parties' claims, we may claim from you for all the losses after we undertake monetary and other obligations to third parties.
13.1 User Termination. You may terminate this Agreement in any of the following ways:
13.1 Termination initiated by BattPoint. We may terminate this Agreement in any of the following ways:
13.2 Settlement after Termination
14.1 Covenants. You shall ensure that your conduct is in compliance with the following requirements when you access or use the Service:
14.2 Prohibitions. You covenant that you will not use the Platform to conduct any illegal activity or any of the following acts:
14.3 Although we impose standards for conduct on our users, we do not control or regulate our users’ conduct on the Platform. Therefore we will not be responsible for any content or information disseminated or shared by the users on the Platform. If you believe that a user has violated the terms of this this Agreement or any of our policies, then please contact us. Although we try to maintain a safe environment, we are not responsible for the posts of any users and disclaim any liability for the conduct or content of any users. If you, under any circumstance, and without our authorisation, commit any prohibited act, or publicise or disseminate any prohibited information, you will be solely responsible for all related liabilities and risks.
15.1 Certain activities on the Platform may require you to make an electronic signature. You understand and accept that an electronic signature has the same legal rights and obligations as a physical signature.
16.1 This Agreement and any dispute arising in relation to it shall be governed by and construed in accordance with English law and you and we agree to submit to the exclusive jurisdiction of the English courts in circumstances where the terms of this Agreement permit litigation in court.
17.1 We shall undertake basic security obligations in accordance with law, but will not be responsible for damages resulting from the maintenance of the information network equipment, connection failure, malfunction of the computer, communication or other system, power breakdown, strike, riot, fire, flood, windstorm, explosion, war, government actions, changes of laws, regulations, administrative provisions and other rules, orders of judicial or administrative authorities or acts or omissions of any third party.
18.1 A person who is not a party to this agreement shall not have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
18.3 We may assign, transfer, delegate, or otherwise sub-contract our rights under the terms of this Agreement in our sole discretion.
18.4 If we fail to enforce a provision of the terms of this Agreement, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder).
18.5 If any provision of the terms of this Agreement is held or made invalid, the invalidity does not affect the remainder of the terms of this Agreement. We reserve all rights not expressly granted in the terms of this Agreement and disclaim all implied licenses.
19.1 Should you want to contact the Company in accordance with these Terms or in respect of any general inquiry except for the inquiries regarding these Terms, you may send the inquiry through by email to our Support Team.
19.2 You are agreed and accept that your inquiry mentioned above would be deemed not received by the Company unless and until you receive a confirmation notice from the Company.
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