Terms and Conditions

TERMS OF SERVICE

 

If you are using the application you are contracting with BatteryXchange, with respect to use of the application, or any payments conducted through the application.

 

 BatteryXchange allows users to rent portable batteries through a kiosk which are accessible through the mobile application through which BatteryXchange makes the Services available (collectively, the “APP”). By using the APP, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the APP, Services and all content, and constitute a binding legal agreement between you and BatteryXchange. Please also read carefully our Privacy Policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the App or Services. Failure to use the Site or Services in accordance with these Terms may subject you to civil and criminal penalties.

 

THE APP AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH 

USERS MAY RENT PORTABLE BATTERIES, IN EXCHANGE OF A RENTAL FEE. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE APP OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE APP, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE APP. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE APP, SERVICES, OR ANY CONTENT ON THE WEBSITE.

 

Modification

 

BatteryXchange reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the APP. By continuing to access or use the APP after we have posted a modification on the APP, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the APP.

 

Eligibility

 

The APP is intended solely for persons who are 18 or older. Any access to or use of the APP by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

 

 

 

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the APP. In connection with your use of the APP you may not and you agree that you will not:

 

violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;

Interfere with or damage our APP or batteries through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

use our APP to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

use our APP in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;

“stalk” or harass any other user of our APP or collect or store any personally identifiable information about any other user other than for purposes of transacting as an BatteryXchange user.

 

BatteryXchange has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

 

 Privacy

 

You agree that BatteryXchange’s Privacy Policy governs BatteryXchange’s collection and use of your personal information.

 

Ownership

 

The APP is protected by copyright, trademark, and other laws. You acknowledge and agree that the APP including all associated intellectual property rights, are the exclusive property of BatteryXchange.

 

Suspension, Termination and BatteryXchange Account Cancellation

 

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your BatteryXchange Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you; your BatteryXchange Account will then be deactivated or suspended, your password will be disabled, and you will not be able to access the APP, your BatteryXchange Account, your Member Content. You may cancel your BatteryXchange Account at any time by sending us an email. Please note that if your BatteryXchange Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.

 

 Disclaimers

 

IF YOU CHOOSE TO USE THE APP, YOU DO SO AT YOUR SOLE RISK. THE APP, IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BatteryXchange EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BatteryXchange MAKES NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

 

Limitation of Liability

 

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APP. NEITHER BatteryXchange NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP, SERVICES, WEBSITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BatteryXchange HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

Indemnification

 

You agree to release, defend, indemnify, and hold BatteryXchange and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the APP.