TERMS & CONDITIONS

 

  1. GENERAL TERMS

1.1.  These Terms of Service (hereinafter referred to as the “Terms“) govern the relationship between the owner of the App, SIA POWER RABBIT, registration number 40003021733, registered office at Ganību dambis 36, Riga, LV-1005, Latvia, as well as franchisees authorized to provide services in certain regions (hereinafter referred to as PowerRabbit) and the user of the App (hereinafter referred to as the “User“) regarding the use of the Service provided by PowerRabbit.

1.2.  By registering for an Account on the App and using the Service, the User agrees to be bound by these Terms and the Privacy Policy.

1.3.  Before each use of the Service, the User is obliged to read the Terms.

1.4.  If the User does not agree to the Terms, the User is prohibited from using the Service.

1.5.  These Terms apply to any use of the Service as well as to any rental agreement entered into between PowerRabbit as lessor and User as lessee.

1.6.  The Terms are binding only on PowerRabbit and the User and not on Apple Inc. is not responsible for the App or its content. User agrees that Apple Inc. and Apple Inc. subsidiaries are a third party beneficiary of the Terms and that by accepting the Terms, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms in cooperation with User as an interested third party.

  1. DEFINITIONS

2.1.  PowerRabbit or Lessor – SIA POWER RABBIT, registration number 40003021733, registered office Ganību dambis 36, Riga, LV-1005, Latvia, as well as franchisees authorized to provide services in certain regions.

2.2.  User – a natural or legal person who registers as a user on the App and uses the Service.

2.3.  App – a mobile application owned by the Lessor called “PowerRabbit”, available in the App Store and Google Play Store, which enables the User to rent a Device from the Lessor.

2.4.  Account – the User’s account on the App which provides the User with access to the Service and contains information about the User’s transactions on the App.

2.5.  Agreement – an agreement between the User and the Lessor regarding the rental of the Device.

2.6.  Device – a charging device owned by the Lessor with a maximum battery capacity of 5000 mAh, output voltage and current of 5 V / 2.0 A, to which are attached cables with micro USB, USB Type-C (USB-C) and Lightning connectors and wireless charging function, which is designed for charging smartphones, tablets and other relevant devices and on which are displayed PowerRabbit identification marks.

2.7.  Device Station – an automated station for the rent and return of a Device, the location of which is marked on a map on the PowerRabbit App and on which are displayed PowerRabbit identification marks.

2.8.  Service – the Device rental service offered on the App. The Service does not allow the right to transfer the Device for use by other persons.

2.9.  Service Fee – the fee for the Service calculated for the period of time between the receipt of the Device from the Device Station and the return of the Device to the Device Station. The Service Fee is set in the App by selecting a specific Device Station (each Device Station may have its own Service Fee).

  1. REGISTERING A USER ACCOUNT ON THE APP

3.1.  The User agrees to complete the Account registration procedure by filling in the registration form in the App.

3.2.  The User shall provide a valid mobile phone number, name and e-mail address when completing the registration form. When registering a mobile phone number, the User must confirm it by entering the code sent to the mobile phone number in the App. The User will not be charged for sending a text message with the confirmation code. The attachment of an email is required for sending invoices for the Service and other information provided by PowerRabbit.

3.3.  To facilitate the completion of the registration form, the User is entitled to use the authentication tools of the Facebook account, Google account or Apple ID account. In this case, to complete the registration procedure, the User will additionally need to enter a valid telephone number in the App and confirm it by entering the code sent to the mobile phone number in the App. The User will not be charged for sending a text message with the confirmation code.

3.4.  Additionally, the User is entitled to attach a photo of the Account at his / her choice. If the User chooses not to add a photo of the Account, the standard photo of the Account will be displayed in the App.

3.5.  The User is prohibited from providing false information or information attributable to other persons.

3.6.  Upon completion of the mandatory fields and reading these Terms, the User shall become bound by these Terms.

3.7.  User data (except mobile phone number) can be changed by the User in the “Settings” section of the App. The User may change the mobile phone number by contacting PowerRabbit by e-mail support@powerrabbit.eu.

3.8.  At the same time, the User understands and agrees that the User is obliged to provide a correct and valid mobile phone number as it is necessary for the provision of the Service, including for the User’s verification.

3.9.  User agrees that PowerRabbit shall use the mobile phone number provided by User in the App to communicate with User regarding all matters related to the Service. The User acknowledges that if an inaccurate and invalid telephone number (including someone else’s or a virtual number) is provided during registration, the User shall be fully and materially liable for any inability to provide the Service and any damages suffered by PowerRabbit.

3.10. The mobile phone number provided during Account registration is linked to the User’s Account and added to the PowerRabbit database. If the User no longer uses his / her mobile phone number, the User must notify PowerRabbit within 7 (seven) days so that PowerRabbit can anonymise the User’s Account data or make changes. If the User does not notify PowerRabbit of a change to his / her mobile phone number, the mobile operator may transfer the same mobile phone number to another person and that person will be able to access the User’s profile through the App. The User accepts full material responsibility for his / her failure to comply with the notification obligation and undertakes to bear all costs incurred by other persons using the User’s mobile phone number on the App. All actions performed on the App using the User’s Account are deemed to have been performed by the User and are binding on the User.

3.11. The User is responsible for the security and restriction of access to his Account. All actions performed on the App using the User’s Account are deemed to be performed by the User and are binding on the User.

3.12. The User agrees that he / she is obliged to notify PowerRabbit immediately of any unauthorised access to the User’s Account and / or any breach of security.

3.13. The User has the right to register only one Account on the App (it is prohibited to create multiple Accounts). Creation of multiple Accounts in order to obtain deceptive benefits is a violation of these Terms and may result in immediate blocking of all User Accounts, as well as the inability to use all phone numbers / email addresses / bank cards used on the App.

3.14. Upon registration of an Account, the instructions for using the Devices and obtaining the Service shall be displayed on the App.

  1. TERMS OF SERVICE

4.1.  The Device rental Agreement is concluded between PowerRabbit and the User.

4.2.  In order to receive the Service, the User shall:

4.2.1.   The User chooses the location of the Device Station acceptable to him / her in the App and goes to the indicated place. By clicking on any Device Station tag in the App, the User can get acquainted with information about the institution where the Device Station is located (the name, address, working hours of the institution are indicated in the App) and the Service Fee for using the Service;

4.2.2.   the User scans the QR code located at the Device Station using the App;

4.2.3.   the User enters a coupon number;

4.2.4.   the User selects a payment method from the payment methods available in the App;

4.2.5.   the User’s bank card is credited with the amount set out in the price list on the App;

4.2.6.   the User receives the Device from the Device Station;

4.2.7.   the User delivers and returns the Device at any Device Station where there are available spaces for Device return;

4.2.8.   the User makes payment for the Service.

4.3.    Before commencing the Service, the User shall ensure that the Device is visually in good working order and has no signs of technical defects – all parts (wires) of the Device are in place, nothing is broken, cracked, bent, the Device is not hot, and there are no other visible signs of damage or suspicious signs.

4.4.    The provision of the Device rental Service to the User shall commence upon the User’s receipt of the Device from the Device Station.

4.5.    The term of the Device rental Service shall be deemed to be completed when the User has returned the Device at the Device Station. The User is obliged to place the Device in the free slot at the Device Station.

4.6.  Restrictions on the use of the Device during the Service:

4.6.1.   The User shall not sublet or use the Device to third parties; the User shall use the Device only personally;

4.6.2.   The User shall not use the Device while under the influence of alcohol, drugs or other psychotropic substances;

4.7.    During the rental of the Device, the User is independently responsible for his / her own safety and health;

4.8.    PowerRabbit has the right to refuse to provide the Service to the User without notifying the User and / or without explaining the reasons.

  1. PAYMENT FOR THE SERVICE

5.1.  The Service Fee shall be determined for the period from the receipt of the Device from the Device Station until the Device is handed over to the Device Station in accordance with the price list available on the App. The amount of the Service Fee shall not be affected by the fact that the User does not use the Device during the rental period, unless the non-use of the Device is due to a technical failure of the Device beyond the User’s control.

5.2.  At the commencement of the rental of the Device, the reserved amount shall be calculated in the amount set out in the price list on the App. Upon return of the Device, the Service Fee shall be calculated in the amount set out in the price list on the App and the reserved amount shall be returned to the User’s bank card.

5.3.  If the Device is not returned within 3 (three) days (72 (seventy-two) hours), in addition to the Service Fee for the 3 (three) days, the User shall be charged a penalty in the amount set out in the price list in the App, which shall include the amount reserved in the App in the amount set out in the price list in the App. Subsequent return of the Device to the Device Station shall not entitle the User to a refund of the Service Fee and penalty paid.

5.4.  The User shall pay for the Service by one of the following available methods:

5.4.1.   online payment (non-cash payment) in the App with a VISA / MasterCard bank card. Any additional costs for transferring money to the order will be borne by PowerRabbit;

5.4.2.   online payment (non-cash payment) on the App using the Apple Pay payment system. Any additional costs for transferring money to the order will be borne by PowerRabbit;

5.4.3.   online payment (non-cash payment) on the App using the Google Pay payment system. Any additional costs for transferring money to the order will be borne by PowerRabbit.

5.5.  The User has the possibility to link his / her bank card to his / her Account. The amount of any subsequent order placed by the User will be automatically debited from the bank card linked to the Account without the need to provide detailed payment card information and the User confirms the payment by clicking on the “Make a pay” button.

5.6.  Bank card transactions shall be confirmed by the bank. If the bank has reason to believe that the transaction is fraudulent, the bank shall have the right to refuse to process the transaction. Fraudulent transactions with bank cards are a criminal offence.

5.7.  In order to avoid fraudulent bank card payments, PowerRabbit may verify bank card payments to the best of its ability. The User who has made such a payment is obliged to provide a copy of the documents necessary to confirm the legitimate use of the bank card upon PowerRabbit’s request.

5.8.  In the event of a refund, the refund will be made to the bank card used by the User to make the payment.

5.9.    If the User’s bank card does not contain sufficient funds to cover the Service Fee, the User will be in debt in the Account section of the App. As long as the User is in debt, the User is prohibited from using the Service. The User may pay the debt separately using any bank card (including any not previously added).

  1. INTELLECTUAL PROPERTY RIGHTS

6.1.  All Intellectual Property Rights in or relating to the Service and related documentation and all parts and copies thereof shall remain the sole property of PowerRabbit and / or its sub-contractors / licensees. “Intellectual Property Rights” means copyrights and related rights (including database and catalogue rights and photographic rights), patents, functional models, design rights, trademarks, trade names, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.

6.2.  These Terms do not grant the User any intellectual property rights in the Service and all rights not expressly granted herein are reserved to PowerRabbit and its subcontractors / licensors.

6.3.  Apple shall not be liable for any investigation, claim, settlement, or enforcement action alleging that the iOS App or User’s use thereof infringes the intellectual property rights of any third party.

  1. RESPONSIBILITIES

7.1.  The Parties shall be liable for non-performance or improper performance of their obligations in accordance with the applicable laws and regulations of the Republic of Latvia.

7.2.  PowerRabbit has the right to verify the User using the phone number provided during registration in case of any doubts or disputes, claims and complaints from Users who have not been verified (e.g. who have registered using a virtual number for fraudulent purposes).

7.3.  PowerRabbit reserves the right to deny a User from receiving the Service, to block a User’s account in cases where a User uses obscene, rude, indecent language in communication with PowerRabbit or in connection with other immoral conduct of the User.

7.4.  If the User damages the Device, renders it unusable or pastes stickers of any kind on the Device, PowerRabbit shall be entitled to charge the User a penalty in the amount set out in the App price list.

  1. COMPLAINTS AND DISPUTES PROCEDURE

8.1.     If the User has a complaint about the Services or the operation of the App, the User is encouraged to first contact PowerRabbit by describing the situation and sending an email to: support@powerrabbit.eu.

8.2.    If the complaint or claim is found to be unfounded, the User shall have the right to use the alternative dispute resolution options provided for in the laws and regulations of the Republic of Latvia. The User shall also have the right to apply to and obtain assistance from the Consumer Rights Protection Centre of the Republic of Latvia, an out-of-court dispute resolver (if one has been established) or a court.

8.3.    If disputes cannot be resolved by negotiation, they shall be settled in the courts of the Republic of Latvia in accordance with the Terms and the laws and regulations applicable in the Republic of Latvia. Jurisdiction is determined by the registered office of PowerRabbit at the time the claim is brought.

  1. FINAL PROVISIONS

9.1.    PowerRabbit has the right to unilaterally revise or modify the Terms, add, modify, limit, extend the functionality of the App, as well as unilaterally change the payment procedure and prices at any time without any special notice to the User.

9.2.    When changes are made to the current version of the Terms, the date of the last update shall be indicated.

9.3.    The new version of the Terms shall enter into force as of the moment of its posting on the App.

9.4.    The User is obliged to consult the current version of the Terms each time before using any Services. Use of the App and the Services after the new version of the Terms has entered into force shall constitute acceptance by the User of the new version and the provisions of the new version shall apply to the User in full.

 

Date of editing: 26.12.2023.

Publication date: 26.12.2023.

Expiry date of previous version: 22.07.2022 – 25.12.2023