GENERAL TERMS AND CONDITIONS FOR USING THE URBANCHARGER SERVICE
LAST UPDATE: 17.11.2021
1 IDENTIFICATION OF PARTIES
The service providers are the following entities that are resident in the country in which the customer uses the powerbank for personal needs (hereinafter referred to as: “PB”):
· URBANCHARGER AS Stongafjellsbakken 91 5301 Kleppestø
VAT ID No: 926 04 2939
WEB: https://www.urbancharger.no
Contact information (“CSS”):
· Email: support@urbancharger.no
Address:
· Stongafjellsbakken 91 5301 Kleppestø
The user (hereinafter referred to as “user”) is a person of legal majority who uses the service offered by UrbanCharger, carried out and expressly approved the registration process and accepted these Terms and Conditions.
You accept the Agreement by creating a user profile in the App. The terms also apply to the use of our website as far as it is appropriate.
Terms are subject to change. If change occurs to terms that are of importance to you, you will be notified before the change takes effect, so you can decide whether you want to continue using UrbanCharger subject to the new terms.
To complete the registration process and to be able to use the UrbanCharger service, the General Terms and Conditions must be approved by selecting the respective checkbox.
2 GENERAL TERMS
These General Terms and Conditions (hereinafter referred to as “Terms of Use) or “General Terms”) govern together with the Special Terms and the enclosed documents the contractual relationship between the parties regarding the rental service of powerbanks for personal use. It is recommended that the user reads them thoroughly.
The acceptance of these General Terms assumes the acceptance of the Special Terms and their appendices.
These General Terms, the Special Terms and the appendices can be accessed on the UrbanCharger website www.urbancharger.no and on the mobile UrbanCharger app. All this may be modified or updated by the company at any time.
3 DEFINITIONS
For the purpose of these General Terms, the following definitions apply:
· User: the person with a properly validated UrbanCharger user account and the person who uses the rental services of the powerbank for personal use (hereinafter referred to as: “PB”).
· General terms: refer to the sections of this document.
· UrbanCharger application: the mobile application which is used to manage and utilize the PB rental service.
· Website: refers to the page with the URL www.urbancharger.no
· User account: the account created by the user during the registration process in the UrbanCharger application, validated by UrbanCharger and required to conclude a contract regarding the service.
· PB: powerbank that can be rented by user for the personal use.
· Service: the service of the PB rent, which is billed via one of the following methods:
i) rent billed on the clock or time period, in which the user uses the PB effectively. It is clear that the effective use refers to the period from the delivery until the return of the PB, as described in the terms of use.
ii) rent per day.
iii) rent based on a monthly or yearly subscription.
· CSS: Customer service support which can be reached under the following contact information:
E-Mail: support@urbancharger.no
4. SUBJECT
The contract relationship between the parties is governed by the General Terms as well as the Special Terms and their appendices.
Subject of these General Terms is the regulation of the rental service of the PBs for the benefit of the user in the city. The service comprises of the rental of the PBs for the effective useful life (per charge or per minute) or of a rent per day, month, or year.
Through the rental of the PBs by the user, the ownership of the PBs is not abandoned or transferred. They remain the property of UrbanCharger.
The rental service of the PBs is subject to the availability of the PBs. The user can see the location and availability of the PBs in the UrbanCharger app.
5. REQUIREMENTS FOR THE USE OF THE UrbanCharger SERVICE
The user must meet the following requirements to be able to utilize the rental service of PBs offered by UrbanCharger:
5.1 Has to be at least 12 years old
5.2 Has to have a UrbanCharger user account
In order to unlock a powerbank and use it to charge your mobile device, you must register a user account in the App or in the web app. You can only register one user account, and you must ensure that all information about you as a user is accurate and up to date at all times.
5.3 Has accepted these General Terms that include the Special Terms and appendices.
5.4 UrbanChager is for your personal use only, unless otherwise agreed in writing with us. You must not allow others to use our services through your user account, and you must ensure that others do not have access to login information to your user account. If you become aware of any unauthorized use of your user account, you must notify us immediately so that the user account is blocked. You are fully responsible for all use of UrbanCharger through your User Account until your User Account is deactivated or blocked.
5.5 When using a power bank, you must perform a basic check of the unit and the supplied cables to ensure that these are not visible damage, and that the unit has sufficient battery capacity. This is done by push the ON button on the device and checking the battery light indicator. You should also regularly check that the power bank is functioning properly and has sufficient battery capacity throughout the rental period, so that you can benefit from our service as much as possible.
5.6 If you notice any errors or damage to the power bank or the cables, do not use it and you must notify us immediately through the App or by contacting our customer service: support@urbancharger.no. The same applies if other problems arise when using our services.
5.7 You must treat UrbanCharger`s equipment with care and as if it were your own. The equipment must be returned in the same condition as it was at collection. We reserve the right to claim compensation for damage beyond normal wear and tear according to the current price list, cf. clause appendix 1.
6 USER REGISTRATION, USER ACCOUNT
The registration process is free of charge.
To carry out the registration process, the UrbanCharger app can be downloaded via the online app stores or on the website.
After the UrbanCharger app has been downloaded or the QR code is scanned to access web app, a user account must be created. For this purpose, the registration must be completed, and the information required has to be transmitted.
It will be necessary to provide information about the selected payment method.
The mobile phone number entered during the setup of the user account cannot be changed later.
After the registration process has been completed, UrbanCharger checks the account. When it was confirmed and activated, the user will be notified immediately.
A user cannot have more than one user account.
The user account is personal and cannot be transferred. Moreover, the user must be the only person utilizing the service. The user must take appropriate measures to ensure the confidentiality of the user account information, especially the login data.
In case the login data of the user account are lost or stolen, or reasonable suspicion exists that the account is used by a third person, the user shall inform UrbanCharger immediately via the contact information provided in these General Terms.
If the user is at fault (intent or gross negligence), they are liable for all liabilities or damages arising from the use of their user account by a third person.
The user is obliged to keep the information provided for creating their user account, especially the billing and contact information (except the email addressed entered during the registration process and the selected payment method), up to date. The failure to comply with this requirement entitles UrbanCharger to suspend the service for the user.
7 NETWORK ACCESS
The user needs to connect the device with the Internet to be able to download the UrbanCharger app or web app and complete the service via these General Terms.
The user accepts that UrbanCharger is not responsible for the quality and availability of the Internet network and that the availability of the service can be impaired by the quality and availability of the Internet connection, which is provided to the user by their telecommunications provider.
UrbanCharger gives no performance guarantee for the UrbanCharger app or web app. It is not part of the performance that the UrbanCharger app is available, safe or flawless at any time or that minor errors in the software or service will be fixed. In this respect UrbanCharger does not offer any warranty.
8 NOTIFICATIONS
When creating the user account, the user accepts that UrbanCharger can send informative text messages (SMS), emails as well as automated notifications as part of the normal operations.
9 PRICE, PAYMENT METHOD, MEANS OF PAYMENT, INVOICE
9.1 Price
The price of the service depends on the Special Terms of the respective city that can be changed according to the provisions in appendix 1.
The prices include the taxes applicable to the country in which the city is located.
The current prices applying for every city can be found on the website and in the UrbanCharger app.
9.2 PAYMENT METHOD
The price for the service shall be paid as follows:
i) The usage fee (by minutes or effective duration) shall be paid when the PB is returned.
ii) The daily rent shall be paid when returning the PB.
iii) The rent for monthly or yearly subscriptions are paid at the beginning of the subscription period.
9.3 MEANS OF PAYMENT
The price shall be paid by the means of payment which is specified in the user account at the relevant time.
The payment method may be selected during the creation of the user account or at a later point in time in the settings under preferred payment method.
The means of payment that can be selected in the UrbanCharger app are those which are each indicated in the application.
The available payment methods are the following (among others):
i) “credit account”, which was created automatically in the user account. Here, the user can deposit funds in an account. The price of the service for any contractually agreed service will be charged to the credit account.
ii) credit card (Visa, Mastercard)
iii) Apple Pay or VIPPS recurring payment agreement
iv) other means of payment that shall be specified in the app.
By entering into VIPPS recurring payment Agreement, you acknowledge that your subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation.
UrbanCharger may submit periodic charges (e.g., daily) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method.
Such notice will not affect charges submitted before UrbanCharger reasonably could act. To terminate your authorisation or change your payment method, log into your VIPPS account and manage your automatic subscription payment to us under the “payments” tab and “fixed payment” in ‘settings’. UrbanCharger cannot alter or cancel this for you.
By subscribing to our Services you are agreeing to pay recurring payment for an indefinite time until you cancel the subscription. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
If your payment has been cancelled before the PB is returned or before your last rentals have been paid, this may result in being invoiced for the remaining amount.
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
Additionally, UrbanCharger can, at its own direction, disburse rewards or bonuses to the users. They are listed in a separate account called bonus account. The user can see the remaining amount of the credit account and bonus account in the user account at any time.
The balances in the bonus account cannot be transferred to third parties or other users of the service. Furthermore, they cannot be used outside of the UrbanCharger app.
In case the user terminated the service, the balance in the bonus account will be cancelled automatically.
9.4 OUTSTANDING PAYMENTS
In case of outstanding payments to UrbanCharger, the service shall be automatically disabled for the user (temporarily), until the pending payment has been fully settled. If the outstanding payment cannot be pursued as set, the contractual relationship shall be terminated, and the service shall be cancelled permanently.
Payments can be deemed outstanding for credit related to services rendered, for amounts due for damages of the PB, for fines, sanctions, loss of the PB or for any other amount the user owes to UrbanCharger according to the conditions set in these General Terms.
For the collection of outstanding payments, the following process shall be used, which is free of charge for the user:
i) First, the balance in the bonus account shall be used to collect the money.
i) In case the bonus account does not show any credit, the balance in the credit account shall be used. If this amount is not sufficient, UrbanCharger is entitled to settle the remaining costs via another payment method configured in the user account (credit card, direct debit or other method).
i) In case of the termination of the contract by the user, the user must settle outstanding payments, which are not payable with the balance in the bonus account. UrbanChager is in any case entitled to collect the remaining amount via the payment method set in the user account (credit card, direct debit or another method).
If it is not possible to collect the outstanding payments via one of the methods mentioned here, UrbanCharger is entitled to transfer the claim to a debt collecting agency for collection. UrbanCharger is entitled to charge the user for its own and third-party collection measures, insofar they were necessary for the relevant handling and are proportionate to the respective claim.
If you wish to keep the power bank after use, you may not return the power bank as required by point 11.1.2. In that case, you will automatically be charged to the power bank according to the current price list at the end of the maximum rental period. See the price list for more information. Price per minute during the rental period counts as well.
9.5 INVOICE
The invoice for services will be generated and send to email address the user provided during login to the application or via their profile in the user account. In that case, an invoice and administration fee of NOK 125 will be charged.
Objections to UrbanCharger’s fees shall be made within 14 days from the postal date of the invoice.
10 DURATION AND TERMINATION OF THE CONTRACT
These General Terms, the corresponding Special Terms and the appendices remain in force between the two parties until the contract is cancelled. The contract can be cancelled by either party at any time.
As indicated above, the user can unsubscribe from the service at any time by informing UrbanCharger in writing to the contact address indicated in these General Terms.
As soon as the user has unsubscribed from the service, the user account shall be deleted and the service disabled.
The contractual relationship is dissolved by UrbanCharger if UrbanCharger informs the user about this in any manner or if UrbanChagrer has ceased to provide the service for any reason.
For monthly or yearly subscriptions, the application for revocation of the service shall be made at least 15 days before the next payment of the monthly or yearly fee.
If the user terminates the service while still having some credit in their credit account, UrbanCharger shall collect the outstanding payments and return the remaining amount.
In case a user of a monthly or yearly service cancels the contract while the subscription is still valid, UrbanCharger shall collect the outstanding payment and return the remaining, already invoiced amount proportionately.
When the contract was terminated due to a breach of the obligations set in these General Terms, Special Terms and appendices, the user must accept responsibility for any loss or damage resulting from this breach.
11 TERMS OF USE OF THE SERVICE AND OBLIGATIONS OF THE USER
11.1 Rental period
11.1.1 Start: The rental of the service begins as soon as the user has requested the rent of a PB via the UrbanCharger app and UrbanCharger has confirmed the service.
11.1.2 End: The rent ends as soon as the PB has been returned correctly. It is clear that the PB has been returned appropriately when the UrbanCharger system indicated this in the UrbanCharger login, as explained in section 11.9 of this term.
11.1.3 During the rental period, the user is responsible for the PB insofar that he or she assumes liability for any damage to the PB that occurred during this period.
11.2 AVAILABILITY AND MAINTENANCE
11.2.1 The rental service of the PBs is subject to the availability of the PBs.
11.2.2 The availability of the PBs for the benefit of the use depends on the order of the arrival and inquiry of the user.
11.2.3 UrbanCharger makes every effort to meet the demand of the user for the PB, can, however, not guarantee that the provision of PBs is sufficient for all users at any time, as the service remains subject to the availability of the PB, as indicated.
11.2.4 UrbanCharger is responsible for the maintenance and repair of the PB. However, UrbanCharger does not guarantee that the PBs available are free of operating and functional problems
11.2.5 If 24 hours have passed and a provided PB has not been used, the service shall be terminated automatically and UrbanCharger is entitled to provide the PB to other users.
11.3 SIMULTANEOUS RENTAL OF MULTIPLE PBS
11.3.1 In general, the rental of multiple PBs at the same time by one user is prohibited.
11.3.2 In case several PBs have been rented at the same time, the responsibility of the user set in these General Terms and under the Special Terms are extended to the user for every PB. The user is therefore responsible for the performance of the other PB.
11.4 PROVISION OF THE PB TO THE USER
11.4.1 The provision of the PB takes place in the venues.
11.4.2 The UrbanCharger app shows the available PB to the user and that it was allocated to the service requested.
11.4.3 To release the PB from the UrbanCharger anti-theft security system, the user takes the steps provided in the UrbanCharger app.
11.4.4 The battery level can be checked in the app. For synchronization reasons, the actual level can deviate from the level indicated in the app
11.4.5 When delivered initially, the battery of the PB is sufficiently charged for a range of at least 20%.
11.5 INSPECTION OF THE PB
11.5.1 After the PB was provided, the user shall carry out an inspection to ensure that the PB works correctly.
11.5.2 The inspection includes a check of the operative components of the PB (cables).
11.5.3 If one of the components mentioned shows a malfunction, the UrbanCharger customer service (CSS) is noticed immediately. The communication regarding the malfunction of the PB must take place within the first 5 Minutes of the rent, otherwise we assume that the PB provided works correctly.
11.5.4 After CSS was informed about the malfunction, the services shall be aborted, and the user shall not be charged.
11.5.5 The user can request access to another functioning PB after the service was cancelled. The usage of this PB shall be charged according to the prices and conditions set in these General Terms.
11.6 SPECIAL TERMS OF USE
The user acknowledges and confirms that:
11.6.1 he or she is experienced in the operation and safe handling of the PB
11.6.2 he or she is physically and mentally fit to use the PB Furthermore, the user accepts and confirms that:
11.6.3 the service is subject to a fee.
11.7 FUNDAMENTAL DUTIES OF THE USER DURING THE RENTAL PERIOD
The user is obliged to the following:
11.7.1 Comply with the General and Special Terms
11.7.2 Not leave the PB unattended and use it with caution during the rental period
11.7.3 Maintain and handle the PB with care
11.7.4 Not give or sub-let the PB to third parties or other users. If the user handed over or sub-let the PB to a third person or another user, the user is responsible for any damage or incident caused by the PB or based on it
11.7.5 Not use the PB if an apparent technical defect was noted
11.7.6 Not use the PB for commercial purposes
11.7.7 Not modify or alter the PB in any way
11.7.8 Not attach stickers or other elements to the PB
11.7.9 Not remove or break accessories, parts, or components of the PB
11.7.10 Keep the UrbanCharger app up to date by installing the current version available in the app store
11.7.11 Ensure the confidentiality of the access data of the user account
11.8 DETECTION DEVICES (GPS)
11.8.1 The PB stations are equipped with GPS systems that enable UrbanCharger to determine the exact location at any time.
11.8.2 The purpose of the PB stations detection device is to become aware of, recognize and prevent any criminal offenses.
11.8.3 The electronic devices and systems of UrbanCharger are also used to monitor the status, operation, and movement of the PB stations.
11.8.4 The information gathered with these systems can be used during and after the completion of any service, with the sole purpose to enable the execution, control, and compliance of the service and to analyse its performance.
11.9 RETURN OF THE PB
11.9.1 The PB shall be returned under the same conditions as when it was provided.
11.9.2 In order to be able to return the PB properly the system must recognize the return of the PB correctly.
11.9.3 For the return, the user must follow the steps indicated in the UrbanCharger app and ensure that the UrbanCharger app recognizes and registers the return properly. Return of the power bank is done by placing the power bank back in a free slot in the charging station and checking that the power bank is locked.
11.9.4 The rental period ends after the return of the PB was noted.
11.9.5 The user can see the completed rental process, the total rental period, and the applied total fee in the UrbanCharger app.
11.9.6 In case the UrbanCharger app cannot recognize the return of the PB for any reason (e. G. bad Internet connection), the user shall contact UrbanCharger immediately to solve the incident with the help of CSS or via the application.
11.9.7 If a PB has not been used for a period of 24 hours, the service shall be terminated automatically and UrbanCharger is entitled to provide the PB to other users.
11.9.8 In case the user does not return the PB in a correct manner (as indicated in these Terms of Use) and the PB is stolen or damaged, the user is obliged to pay the price of the PB as indicated in the Special Terms to UrbanCharger.
11.9.9 If required, the user must provide details about the exact place of return.
11.9.10 The UrbanCharger system can prevent the locking of the PB when returned, if the non-compliance with the return provisions was noted. If this happens and the user leaves the PB unattended, the return was not carried out correctly and the user shall be held responsible for the loss in case of theft or vandalism.
12 THEFT
If the PB, its accessory parts or any components were stolen during the rental period, the user must:
1. Contact the UrbanCharger customer service (CSS) immediately.
2. Submit the respective report to the authorities responsible
3. Send a copy of the claim to UrbanCharger within 24 hours after it was reported.
In case of theft, loss, or disappearance of the PB, the user shall pay the amounts indicated in the Special Terms to UrbanCharger.
13 CHANGES
13.1 UrbanCharger may change these General Terms, the Special Terms and the appendices at any time. In this case the user shall be notified via email to the email address provided.
13.2 The changes are deemed to have been accepted by the user in case he or she did not enter an objection with one (1) month after the new conditions were communicated. UrbanCharger shall expressly inform the user about the significance of not entering an objection.
13.3 They shall be accepted in any case if the user concludes the service via the UrbanCharger app after the new conditions have been submitted.
13.4 The new versions of the General and Special Terms are also available in the UrbanCharger app and on the website.
14 DISCLAIMER
UrbanCharger does not warrant that the service shall be available at any time and without interruption. Furthermore, UrbanCharger does not guarantee the availability of PBs.
UrbanCharger shall not be held responsible if the company fails to adhere to his commitments fully or party due to situations of force majeure, including, but not limited to, actions of public administrations, fire, floods, explosions, demonstrations, civil disturbances, strikes, labor disputes, inadequacies, power outage, interruption of telecommunication systems.
15 INTELLECTUAL PROPERTY
All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by UrbanCharger as well as those present in the UrbanCharger app or on the website (including titles, graphics, icons, scripts, source codes etc.) are the property of UrbanCharger or third party licensors and may not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without prior written permission.
The user shall confirm and guarantee that he or she has all intellectual or industrial property rights referring to any text, picture, information, and all other content he or she makes available and publishes through UrbanCharger systems (in the UrbanCharger app or on the website). The user shall provide only content that are in full compliance with the existing legislative framework and / or do not result in an infringement of the intellectual or industrial property rights of third parties. At its sole discretion, UrbanCharger may edit, remove or hide from platforms contents and information provided by the users in whole or in part.
If the user submits proposals for changes, improvements or other comments to UrbanCharger and / or its services (hereinafter referred to as “comments”), UrbanCharger shall be entitled to use these comments for any purpose (including marketing or other business purposes), without being obliged to make an adequate contribution to the user in return. The user agrees to transfer all rights, claims and interests (including any intellectual or industrial property rights) contained in his or her comment and / or referring to his or her comments to UrbanCharger.
16 CONTACT
For the purpose of establishing contact with UrbanCharger, the following options are available:
Address, email, telephone as indicated in the contact information (CSS)
17 COMPLAINTS AND CLAIMS
The user shall file a complaint or raise a claim through the communication channels listed in the contact and contact information section (CSS) of this contract.
18 NULLITY
Should any part of these General Terms (including the Special Terms) be declared invalid or annulled, the other articles remain in effect without loss of value or validity. In such a case, the invalid clauses shall be replaced by valid ones that comes as close as possible to the purpose of the invalid clauses.
19. BREACH OF CONTRACT:
In case of breach of contract, UrbanCharger shall be entitled to terminate the contract and claim the damages and losses resulting from the infringement.
A breach by the user is in any case the breach of undertakings in these General Terms, Special Terms and appendices, especially the failure to carry out the fundamental duties of the user.
20. APPLICABLE LAW AND JURISDICTION
These General Terms (including the Special Terms and their appendices) are subject to Norwegian law, excluding application of the provisions of international private law and of the United Nations Convention on Contracts for the International Sale of Goods
DISPUTE RESOLUTION
Complaints are addressed to the seller within a reasonable time, cf. items 17. The parties shall try to resolve any disputes amicably. If this does not succeed, the buyer can contact the Consumer Council for mediation. The Consumer Council is available on telephone 23 400 500 or www.forbrukerradet.no.
The European Commission's complaints portal can also be used if you wish to lodge a complaint. This is especially relevant if you are a consumer residing in another EU country. The complaint is submitted here: http://ec.europa.eu/odr.
APPENDIX 1
I. Prices
· Minimum fee: 5kr (NOK)
· Fee per 15 minutes: 10kr (NOK)
· Maximum payment for one day: 99kr (NOK)
· Every 24 hours until 48 hours, the service would be concluded automatically and charge 99kr (NOK)
· Payment fee for not returning power bank after 48 hours, 199kr (NOK)
After 48 hours and the power bank is not returned, a fee of 199 (NOK) will be added and the power bank cannot be returned, and user can keep the battery.
II. Additional fees
· For loss or all repair fees incurred due to the fault of the user: arising expenses depending on the amount billed.
· For additional costs incurred due to the fault of the user arising expenses depending on the amount billed.