This Agreement creates binding legal obligations between you and PowReady. If you do not agree to any of the terms of this Agreement, please do not access PowReady’s portable charger Sharing Platforms, use any of the services offered through our Platforms or register an account for such services. You acknowledge that you have carefully read and understand the terms of this Agreement.

INTRODUCTION

1.1 Purpose

(a) PowReady offers portable charger sharing services through various electronic platforms, mobile applications (including on iOS and Android operating systems). In accessing the Platforms, using the services and portable chargers provided through the Platforms, or registering an account for such services, you agree to accept the terms of this Agreement.

(b) PowReady’s services aim to facilitate mobile phone charging experiences, enabling users to charge their mobile devices anywhere. Through innovative use of the sharing economy, the Platforms aim to mobilise existing portable charger and improve the efficiency of portable charger usage. We hope that the Platforms will enable users to keep their mobile devices charged in an eco-friendly way.

(c) If you have any questions regarding any aspect of this Agreement or our services, you may contact our customer service staff at contact@powready.com

1.2 The clauses and paragraph headings of this Agreement have been inserted for ease of reference and do not affect or limit the construction or interpretation of the terms of this Agreement.

SCOPE

2.1 Contracting Parties

(a) This Agreement is entered into between you and the operator of the Platforms in the country where you are enjoying the services offered through the Platforms.

(b) The Platforms, and the services offered through the Platforms, are currently available in the UK.

(c) We, POWREADY TECHNOLOGIES LTD (company number 11965692) whose registered office is at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX, are the current operator of the Platforms, and the services offered through the Platforms, in the UK. All references in this Agreement to “we”, “us”, “our” or “PowReady” is a reference to POWREADY TECHNOLOGIES LTD. Subject to us posting a notice on our website, we may at any time transfer or assign our rights and duties under this Agreement to any third party we deem fit.

2.2 Additional Terms, Usage Rules and Privacy Policy

(a) You agree to accept our Usage Rules and Privacy Policy which constitute integral parts of this Agreement.

(b) Our Usage Rules set out specific rules and instructions concerning: (a) how you may share our portable charger through the Platforms; (b) your use of the portable charger provided through the Platforms; and (c) the charges for your use of the portable charger. Our Usage Rules also include country specific rules applicable to your use of the portable chargers and the services offered by the Platforms. You are required to pay close attention to these rules and comply with them.

(c) Our Privacy Policy set outs how we collect, use, disclose, handle and process your personal information. You consent to our collection, use and disclosure of your personal information, and in accordance with the Privacy Policy.

(d) Additional terms may apply to certain specific services offered through the Platforms. Such terms will be made known to you and you are required to accept those additional terms before using those specific services. In the event of any conflict between this Agreement and those additional terms, the additional terms will prevail.

USER REGISTRATION

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.

ACCOUNT SECURITY

4.1 All activities conducted through your user account (including but not limited to the use of the portable chargers, return of the portable chargers, user communications, 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.

4.2 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.

4.3 Protecting 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 AND INTELLECTUAL PROPERTY

5.1 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.

5.2 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).

5.3 The name and logos of PowReady 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.

5.4 We grant you a limited, royalty-free, non-exclusive, personal, revocable and non-transferable, license to download and use the PowReady App for your own personal, non-commercial purposes, subject to your compliance with this Agreement. You may use the PowReady App and our Service only as permitted by this Agreement.

5.5 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).

5.6 You agree that we may access, store and use any information that you provide so long as we comply with the terms of the Privacy Policy and your privacy settings. During the applicable copyright protection period, you hereby grant us and our affiliates a royalty-free license to use such information by means that include storage, usage, duplication, revision, editing, publication, exhibition, translation and dissemination, or include such information in other works using mediums currently known or to be developed in the future. Such use license shall be global, non-exclusive, transferable and sub-licensable and permit the use without the consent of you or any other person or the need to notify you or any other person, so long as the following conditions are met:

(a) You may terminate your license by deleting certain content you have provided or closing your account on the Platform, unless it takes some time to remove the content from the backup system and other systems.

(b) We will not include use your content to advertise other products and services (including sponsored content) without your consent.

(c) We shall obtain your consent if we intend to grant others the right to release your content outside the Platform.

(d) We may edit your content and adjust its format (such as translating it, modifying the font, layout or file name or removing metadata), but we will not modify its meaning.

(e) With regard to any suggestion or other feedback about the Service you submit, you agree that we may (but are not obliged to) use and share such feedback for any purpose without any compensation to you.

(f) In holding and processing your content we will comply with the requirements of the Data Protections Act 1998 and other applicable laws.

APPLICATIONS

6.1 You may access and use the Platforms by downloading, installing and using our applications (such as independent software products, mobile applications or browser plug-ins)

6.2 In order to improve, enhance and further develop the features of such Applications, we may from time to time provide upgrades, updates and patches to these Applications. You agree to download and install such upgrades, updates and patches and to only use the latest version of the Applications, or such other versions as we may direct and we will not be liable for any losses you incur in circumstances where you have not installed such upgrades, updates or patches.

6.3 We grant you a limited, royalty-free, non-exclusive, personal, revocable and non-transferable, license to download and use the Applications for your own personal, non-commercial purposes, subject to your compliance with this Agreement.

6.4 The Applications are licensed, not sold, to you. You may use the Applications only as permitted by this Agreement. You may not, and will not permit any other party to:

(a) modify, adapt, improve, enhance, alter, translate or create derivative works of the Applications;

(b) use or merge the Applications, or any component or element thereof, with other software, databases or services not provided or approved by us; (c) sublicense, distribute, sell or otherwise transfer the Applications to any third party; (d) use the Applications as a service bureau, or lease, rent or loan the Applications to any third party;

(e) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Applications, or decrypt the Applications;

(f) interfere in any manner with the operation of the Applications;

(g) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications;

(h) create a database by systematically downloading and storing the Applications;

(i) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine”, “crawl” or in any way gather the Applications or reproduce or circumvent the navigational structure or presentation of the Applications without our express prior written consent;

(j) use the Applications for any commercial purposes; or

(k) violate any applicable laws, rules or regulations in connection with your access or use of the Applications. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Applications. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications.

6.5 We may change the Applications, Platforms or the portable chargers to reflect any changes in relevant laws and regulatory requirements.

YOUR RESPONSIBILITIES

7.1 When accessing the Platforms or using our services, you agree that you:

(a) will ensure that you conduct yourself in compliance with all applicable laws and regulations, including but not limited to laws and regulations on data protection, intellectual property protection, taxation;

(b) will ensure that you treat any equipment provided (including portable chargers) with appropriate care in accordance with the Usage Rules (as set out below), and treat our staff and other users with respect;

(c) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Platforms or the Applications, and for paying all charges related thereto; and

(d) will only use such Platforms for personal, non-commercial use.

7.2 When accessing the Platforms or using our services, you agree that you will not:

(a) access the Platforms or use our services if we have suspended you from doing so;

(b) without our consent, rent, lease, sell, resell or otherwise monetise or commercialise the Platforms, our services or the portable chargers provided through the Platforms;

(c) use our services or portable chargers except through the Platforms;

(d) remove, alter, or obscure any advertisements that may be found on the Platforms; and

(e) assist or encourage any conduct in violation of this Agreement.

LIMITATION OF LIABILITY

8.1 We make no warranty or representation as to the accuracy, reliability, availability or quality of our services, or that the Platforms are error-free, uninterrupted or available at any times. There may be circumstances where our services may be interrupted, delayed or unavailable, including but not limited to planned maintenance, upgrades, urgent repairs and failures of communication links and/or equipment. We are not responsible or liable to you for any loss or damage howsoever arising in the event that our services are defective, interrupted, delayed or otherwise unavailable. Notwithstanding the above, in the event of any incorrect deductions, calculation or accounting of the service fees charged to your account, you may contact us at contact@powready.com. After the completion of our investigations, as your sole and exclusive remedy, we may correct the service fees charged to your account and provide you with a refund.

8.2 We make no warranty or representation that the information or content you obtain from or through the Platforms is correct and reliable in any circumstance. Information and content available on or through the Platforms may be provided by other users and may be inaccurate, incomplete, outdated, misleading, illegal, offensive or harmful. We are not responsible or liable for any information or content you obtain from or through the Platforms and whether from other users or otherwise, and any loss or damage arising from your use of or reliance on such information or content.

8.3 We make no warranty or representation that the portable chargers provided to you through the Platforms are operable or safe for operation, or that they will satisfy any of your expectations on quality or technical specifications. The portable chargers provided to or selected by you are shared from other users or authorised for use by other third parties, and may not be owned by us. You are responsible for checking the portable chargers provided to or selected by you to ensure that you are able to operate the portable chargers and that it is safe for operation. We are not responsible or liable for any loss or damage arising from any defects in the portable chargers provided to or selected by you, or your operation and use of such portable chargers.

8.4 For the avoidance of doubt, notwithstanding anything else, you acknowledge and agree that:

(a) Our portable charger is a device that may malfunction even if properly maintained or inspected before use, and that using a portable charger carries inherent risk of causing injury to yourself, others or damage to property that cannot be avoided entirely even if proper precautions are taken. In riding, using portable chargers, you agree to assume all risk, responsibility and liability in respect of any such injury, damage, loss or cost caused whether to yourself, others or any property.

(b) You are responsible for the use of the portable charger and the services provided through the Platforms and shall remain responsible for all decisions related to such use.

(c) We have no control over and shall have no responsibility regarding your use of any portable charger, nor any obligation to indemnify you for any third-party claim arising from or in connection with your use of any portable charger.

8.5 We make no warranty or representation that

(a) the Applications are free of viruses or other malicious component;

(b) the Application will operate or function on your computer or mobile device or operating system;

(c) there will be no damage to your computer or mobile devices, or

(d) loss of data when you download, install or acquire any information through the Applications.

We do not provide any data backup or storage services, and have no obligation to preserve or maintain any content or information whether provided by you or others. You agree to back up your data and not to rely on us to backup or store your data. We are not responsible or liable for any damage to your computer or mobile device, or loss or corruption of your data caused by the Applications or any virus or other malicious component that you may encounter when accessing, installing or using the Applications.

8.6 The Platforms may contain links to third-party websites or applications. You may also permit these third-party websites or applications to associate with your user account with us and access your user account information. Your use of any third-party websites or applications is strictly at your own risk and subject to such other terms as may be imposed by these third parties. We do not monitor, control or endorse, and are not responsible or liable for such third-party websites and applications and your access and use of such third-party websites and applications.

8.7 We are not responsible or liable for the behaviour of our users including any offensive, inappropriate, obscene, illegal or any other uncomfortable content or information provided by our users that you may encounter on the Platforms. We are not obligated to assist you to moderate or participate in any dispute between you and other users.

8.8 We shall not be liable to you or any other party for any indirect, special, consequential or punitive losses (including loss of opportunity, reputation, profits or income) in relation to this Agreement, your access and use of the Platforms and the portable chargers and services offered through these Platforms, regardless of the form of action whether in contract, tort, product liability or otherwise, even if we have been advised of the possibility of such damages.

8.9 In any proceedings against us, you agree not to seek any injunctive or similar relief that may prevent or restrict us in developing or conducting the operations of the Platforms and the services offered through these Platforms.

8.10 The Platforms, the services offered through these Platforms, and the portable chargers provided to or selected by you, are provided on an “as is, where is” and “as available” basis. Save for the warranties in this Agreement or other express warranties made by us in writing, we make no warranties or undertakings in any form whether express or implied, including but not limited to merchantability, fitness for any particular purposes, accuracy and non-infringement.

8.11 To the extent that we are liable to you, our cumulative aggregate liability to you in relation to this Agreement and the subject-matter of this Agreement shall not for any reason exceed the lesser of the following:

(a) the aggregate amount you have paid to us in connection with the services offered through the Platforms in the one (1) year period preceding the occurrence of the liability; or

(b) GBP 100. This limitation applies to all causes of action in the aggregate regardless of the number of actions or claims and including, without limitation, breach of contract, breach of warranty, negligence, misrepresentations, strict liability, and other torts.

8.12 Where the applicable laws in any jurisdiction limits or restricts the exclusion or limitation of certain liabilities, the limitations and exclusions set out in this Agreement shall apply to the maximum extent permitted by the applicable laws. Liability for death or personal injury caused by our negligence is not excluded.

BREACH

9.1 You acknowledge and agree that in order to protect the rights and interests of other users of the Platform and PowReady, 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:

(a) If your breach results in any loss, harm, expense, cost or diminution in value to us (including the cost of management time), we will deduct a corresponding amount from your Account balance to compensate for such loss according to the schedule of charges displayed on the PowReady App from time to time ;

(b) We may suspend your Account or permanently block you from using the Platform.

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 contact@powready.com

VARIATION

10.1 We may in our sole and absolute discretion without prior notice at any time and from time to time, temporarily or permanently, in whole or in part, modify, update, upgrade, suspend or discontinue the Platforms or any information, services, contents, products or features offered through the Platforms.

10.2 We may without your consent and from time to time, amend the terms of this Agreement (including the terms in the Usage Rules and Privacy Policy). The amendments will take effect as they are notified to you. If you do not accept the amendments please do NOT access the Platforms or use any of our services; if you have been using our services or have registered an account with us, you are to discontinue your use of our services immediately. If you continue to use our services after notification of the amendments, you will be deemed to have accepted the amendments to the terms and to be bound by the amended terms.

NOTICE

11.1 Any notifications that we are required to provide to you in accordance with this Agreement or in connection with your access and use of the Platforms and our services may be provided through any of the following means:

(a) publishing announcements on the Platforms;

(b) site messages, pop-up messages or pushed messages on the Platforms; and

(c) e-mails, text messages, mails sent to the contact details you have provided.

11.2 You consent to us contacting you using auto-dialling or pre-recorded phone calls or messages to the contact numbers provided by you, for the purposes of

(a) providing you with information on your user account;

(b) resolving errors associated with your user account;

(c)resolving any disputes;

(d) processing payments;

(e) conducting surveys and questionnaire; or

(f) managing your relationship with us or to provide services to you.

11.3 Your correspondence and communications (including telephone conversations) with us may be monitored and/or recorded for purposes of archiving, quality control, staff training, or risk management.

TERMINATION

12.1 User Termination. You may terminate this Agreement in any of the following ways:

(a) If you notify us via the Platform at any time that you wish to cease using the Service and the Platform;

(b) If you cease using the Service and the Platform for a period of 365 consecutive days or more;

(c) If you cease using the Service and the Platform and expressly reject any changes to this Agreement before such changes become effective.

12.1 Termination initiated by PowReady. We may terminate this Agreement in any of the following ways:

(a) If you breach any of the terms of this Agreement;

(b) If you fail to pay any sums due under this Agreement within 7 days of the date due;

(c) If you cease using the Service and the Platform for a period of 365 consecutive days or more;

(d) If in our opinion your continued use of the Service or the Platform would be detrimental to the Service, the Platform or other users;

(e) If you expressly reject any changes to this Agreement notified to you from time to time.

12.2 Settlement after Termination

(a) Upon the termination of this Agreement, we shall still have the rights to make claims against you in accordance with this Agreement for any prior breaches by you or any outstanding financial obligations you may have.

FORCE MAJEURE

13.1 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.

GENERAL

14.1 Applicable Law. This Agreement shall be governed by, and construed in accordance with, the laws of UK. The courts of England and Wales shall have exclusive jurisdiction for any dispute arising from this agreement.

14.2 Non-Partnership. Nothing in this Agreement shall be deemed to constitute a partnership, or constitute any authorisation, cooperation, agency relationship between you and us.

14.3 Jurisdiction. In the event of any dispute, you should first contact us by registered mail setting out the information about the dispute, including the nature and basis of your claim and the remedy you seek. If any dispute cannot be resolved through discussions within thirty (30) days of the dispute arising, either party may:

(a) refer the dispute to be finally resolved by arbitration administered by the London Court of International Arbitration (LCIA) in London in accordance with the arbitration rules of LCIA for the time being in force, which rules are deemed to be incorporated by reference in this Clause.

(b) refer such dispute to the courts of England and Wales.

14.4 Waiver. No delay, indulgence or omission in exercising any right, power or remedy by us under this Agreement or by law shall operate to impair, or be construed as a waiver of any right, power or remedy that we are entitled to.

14.5 Entire Agreement. This Agreement, (including but not limited to the Privacy Policy; Usage Rules; and any additional terms that we have notified as being applicable to specific services) constitute the entire agreement between you and us with respect to your access of the Platforms and use of the services offered through the Platforms. It supersedes all prior or contemporaneous proposals, agreements, negotiations, representations, warranties, understandings, correspondence and all other communications (whether written or oral, express or implied) or arrangements entered into prior to this Agreement. No promise, inducement, representation or agreement other than as expressly set forth in this Agreement has been made to or by the parties.

14.6 Severability. In the event that any term, condition or provision of this Agreement or the application of any such term, condition or provision shall, to any extent, be held by a court of competent jurisdiction to be wholly or partly illegal, invalid, unenforceable or a violation of any applicable law, statute or regulation of any jurisdiction, the same shall be deemed to be deleted from this Agreement and shall be of no force and effect; whereas the remaining terms and provisions of this Agreement shall remain in full force and effect as if such term, condition and provision had not originally been contained in this Agreement.

14.7 Assignment. You shall not assign any of your rights or obligations under this Agreement without our prior written consent.

14.8 Third Parties. A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (1999) to enforce any term of this Agreement.

14.9 Other Languages. This Agreement (including the Usage Rules and Privacy Policy) may be made available to you in other languages. The English version is the original language and any translations are for the purposes of assisting you in understanding this Agreement. In the event of any conflict between any of the terms of this Agreement in such other languages and the English version, the English version will prevail.

USAGE RULES

These are our rules that regulate how you (a) share our portable charger through the Platform, (b) use the portable chargers provided to or selected by you through the Platform; and (c) pay for your usage of the portable chargers. These rules form part of your Agreement with us in relation to your access of the Platforms and use of our services. These rules also set out safety standards in relation to your use of portable chargers. You are required to comply with these rules and it is important that you read and understand these rules carefully. Where necessary to assist you in understanding certain technical terms and processes in these rules, we may provide or direct you to hyperlinks and illustrations. Unless otherwise defined, terms used in these rules have the same meaning with those defined in the PowReady Terms of Use and Service Agreement.

HOW TO USE PORTABLE CHARGER

1.1 Rent portable charger

After you have successfully registered a user account on the Platforms, you may use the portable charger provided through the Platforms. There are fixed locations where our portable chargers may be found. To commence a usage on our portable charger, you simply need to:

(a) scan the QR code on our PowReady Stop; and

(b) take the automatic pop-up portable charger from PowReady Stop

We will begin to provide the portable charging service once you have registered for a user account and paid the required charges.

If you have paid for a portable charger and it is faulty then you may contact us and we will refund you for any period of charging which you could not use.

1.2 Safety Inspection

Before using any portable charger, you will inspect the portable charger to ensure that the portable charger is safe and operable. If a portable charger does not meet the requirements or is otherwise unsafe for operation, DO NOT USE THE PORTABLE CHARGER. In such event, you will also immediately notify us via the Application, or e-mail at contact@powready.com, of (i) the number of the portable charging station concerned; and (ii) the safety issues associated with that portable charger. We will not be liable for any loss you incur where you have failed to carry out a full safety check.

1.3 Liability for use of portable charger

You will not allow any other person to use a portable charger unlocked by you.

You are responsible for using the portable chargers provided to or selected by you. We are not responsible or liable for, and you shall assume all related risks and liability for, any personal injury or death caused to yourself or a third party (save where caused by our negligence), as well as any damage to any property arising from your use of the portable chargers.

1.4 Your responsibilities

You represent and warrant to us that:

(a) You will comply with the rules set out in the Usage Rules

(b) You are physically and mentally able, and have the necessary skills and expertise to use, use the portable charger provided to or selected by you in a safe and competent manner;

(c) You will use the portable charger provided to or selected by you in a reasonable manner. You will not damage or restrict other users’ enjoyment of the portable charger, which may include damaging, breaking or destroying the portable charger, hiding the portable charger from public view, or tampering with the portable charger in a manner that restricts other users’ use (e.g. adding another lock to the portable charger). You will indemnify us for any loss, claim or damages we incur as a result of your breach of the Usage Rules.

1.5 Completion of usage

When you have completed your use of the portable charger, you will return the portable charger into the PowReady stop. If you fail to comply with this Clause 16.5, you will continue to incur usage fees at our then prevailing rates. You must return the portable charger to a PowReady stop at a premises which contains one of our charging stations. A full list of such premises can be found in our application.

PAYMENT

2.1 Users who use the portable charger

We will charge you on a pay-per-usage basis (“Usage Session”) or on a subscription basis for your usage of portable chargers through the Platforms. You will be charged at our then prevailing rates which will be notified to you through our Platforms. Your usage Session commences once you have scanned the QR code from us to unlock the portable charger, and will continue until such time when you have indicated the completion of your use by returning the portable charger to our machine.

2.2 Promotional coupons / codes

We may from time to time, in our sole and absolute discretion, issue promotional coupons or codes. These promotional coupons or codes may be used to offset your portable charger usage charges. The use of such promotional coupons or codes shall be subjected to such terms and conditions as may be stipulated in and accompanying such coupons or codes.

We reserve the right to at any time and at our sole and absolute discretion, verify, reject, suspend or terminate any promotions governing such promotional coupons.

2.3 Payment methods

You may choose to pay for the usage of the portable charger provided to you using any of the following methods:

(a) You may associate your user account with a valid credit or debit card in accordance with the instructions that we may provide; and/or

(b) You may purchase credits from us using any of the payment methods as may be made available on the Platforms from time to time.

2.4 Payment by credit or debit card

If you associate a credit or debit card with your user account, you authorise us to charge that credit or debit card for all fees (including portable charger usage fees and any applicable tax) incurred by you. You represent and warrant that:

(a) any credit or debit card that you have associated with your user account and the details (including card number and expiration date) are and remain valid; and

(b) you have the requisite authority, consent or power to associate a credit or debit card with your user account and to charge the fees for your portable charger usage to such card. We are entitled to recover any unsuccessful charges to your credit or debit card, together with any applicable administrative fees that we may impose, as a debt due and owing from you to us.

2.5 Payment by credits

Credits can be purchased for your user account using any of the payment methods as may be made available on our App from time to time. If you use and authorise us to charge a credit or debit card for your purchase of credits, you represent and warrant that:

(a) any credit or debit card information that you have provided and the details (including card number and expiration date) are and remain valid; and

(b) you have the requisite authority, consent or power to make the requisite charges to the credit or debit card.

We are entitled to recover any unsuccessful charges to your credit or debit card, together with any applicable administrative fees that we may impose, as a debt due and owing from you to us. We reserve the sole and absolute discretion to reject any purchase of credits without providing you any reasons whatsoever. We may also limit the total amount of credits that you may purchase and hold in your user account.

The payments made by you to us are credited to you for use against services to be provided by us to you under this agreement. Since these credits can only be used for this limited purpose, our services are not regulated pursuant to the Payment Services Regulations 2017 or any equivalent legislation for the regulation of the financial markets.

We will deduct your usage charges against the credits in your account. If your account balance is negative as you are using the portable charger, you may continue your usage and complete your usage. If you have no credits in your account, you will need to purchase more credits to continue using portable chargers provided by us.

2.6 Refund of Credits

Except as provided in this Clause 2.7 of these Usage Rules, credits in your user account are not refundable, redeemable or exchangeable for cash, other services or products, and we will not under any circumstances provide any refund for any unused credits in your user account. If we terminate your user account other than by reason of your breach of our rules or your agreement with us concerning your use of our App, services and portable chargers, you may request for a refund of any balance credits in your user account in accordance with our prevailing refund policy. No refunds will be provided for any credits credited to your account from any promotional coupons, codes or other schemes.

2.7 Balance not redeemable for cash

Except as provided in this Clause 2.8, credits in your user account are not refundable, redeemable or exchangeable for cash, other services or products, and we will not under any circumstances provide any refund for any unused credits in your user account.

If we terminate your Agreement and close your user account other than by reason of your breach of the Agreement, you may request for a refund of any balance credits in your user account in accordance with our prevailing refund policy. No refunds will be provided for any credits credited to your account from any promotional coupons, codes or other schemes.

2.8 By purchasing a rental period of the portable charger with either a payment card or service credits you agree to allow us to collect from your account the relevant rental charges, as well as any charge for late return or damage to the portable charger.

DEPOSIT

These terms relate to your provision of a deposit, relating to your use of our App, services and portable chargers. These terms apply in addition to other agreements that govern your use of our App, services and portable chargers.

3.1 Deposit

You are required to provide a deposit to use our portable chargers. We will determine the deposit amount to be collected and may change this amount from time to time. The deposit cannot be used as payment for charges you incur in using our services, App and portable chargers. The deposit is collected to ensure that you comply with our rules and your agreement with us regarding your use of our services, App and portable chargers. We may make deductions from your deposit if you fail to comply with our rules or your agreement with us, or in accordance with other policies that we may issue.

3.2 Refund of Deposit

Subject to any deductions that we may make or are entitled to make, you may request for the deposit to be refunded to you, in accordance with our prevailing refund policy.

3.3 You have the right of termination where:

(a) It is within 14 days of creating your user account and you have changed your mind. Please note that we will retain any monies you have paid for any charging services you have used.

(b) If we have notified you of a change in the services, Application or portable charger and you no longer wish to be a party to this agreement.

To end the contract with us, please let us know by emailing us at contact@powready.com