TERMS OF USE OF SERVICE| POWER CHARGE
THE SERVICES ARE OFFERED SUBJECT TO THESE TERMS READ THEM VERY CAREFULLY
PARTIES
(1) KAIZEN LEGACY (PTY) LTD, trading as Power Charge with its registration number 2018/329330/07 and with its registered address at unit 6 Osdam Park, Rivergate, Cape Farms, Western Cape, 7441, (“Power Charge”), (“we”), (“us”); and
(2) THE RENTER of the Charger who rents the Charger subject to these terms and conditions of Service, (“the Renter”, “you”, “your”).
RECITALS
(A) Power Charge provides renters with the convenience and reliability to stay connected, regardless of their location, through the rental of our portable power banks, (“Chargers”). We eliminate the inconvenience of depleted batteries, ensuring continuous access to power while on the move.
(B) By taking possession of a Charger and/or accepting these terms and conditions the Renter acknowledges and agrees that the Charger is rented subject to the terms and conditions in this document.
WHEREBY IT IS AGREED AS FOLLOWS:
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms, the following terms shall have the meanings assigned to them below:
1.1.1 “Confidential Information” means any information or data relating to either Party, (whether marked as confidential,
restricted, secret or not), which shall include personal
information as defined in any data protection Legislation within
the Republic of South Africa but shall exclude information
which (i) is generally publicly available (other than as a result
of an unlawful disclosure by a Party); (ii) was obtained by the
other Party by a third party not bound by confidentiality; (iii) is
independently developed by the other Party and (iv)
information which the Parties agree not to be confidential;
1.1.2 “Intellectual Property” means all copyright, database rights, design rights, licenses, patents, domain names, mobile or
other applications licenced to or developed for the business,
trademarks, client and/or user databases, supplier databases,
name, branding, financial and business models, product
know-how, technical solutions, service deliverables,
inventions, software developed or adapted hardware,
processes, business connections, supply chain, marketing
strategies, knowledge of customers and business associates,
contractual agreements, all intellectual property relating to the
Services and its other services, all Confidential Information
and any other intellectual property rights of a similar nature
(whether or not registered) subsisting anywhere in the world
in or associated with Power Charge and its business, licenced
or otherwise;
1.1.3 “Party” shall mean either Power Charge or the Renter, as the context indicates and “Parties” shall mean Power Charge and
the Renter, as the context indicates;
1.1.4 “Rental Charge” means the rental payable in respect of the use of a Charger, together with any deposits / holds;
1.1.5 “Service” means the rental of a Charger by Power Charge to the Renter;
1.1.6 “Terms” means the terms of conditions of Service as set out in this document;
1.1.7 “VAT” means value added tax under the Value Added Tax legislation in the Republic of South Africa.
1.2 Unless the context otherwise requires:
1.2.1 any reference to an enactment is to that enactment as at the signature date;
1.2.2 when any number of days is prescribed in these Terms, they shall be calculated by excluding the first and including the last
day, unless the last day falls on a Saturday, Sunday or public
holiday in the Republic of South Africa, in which case the last
day shall be the next day which is not a Saturday, Sunday or
public holiday in the Republic of South Africa;
1.2.3 where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail;
1.2.4 the rule of construction that a contract shall be interpreted against the Party responsible for the drafting or preparation of
the contract, shall not apply.
2. IMPORTANT TERMS AND THE CONSUMER PROTECTION ACT
2.1 Power Charge expressly agrees to rent, and the Renter expressly agrees to take on, rental of the Charger/s subject to Terms set out herein.
2.2 These Terms may: (i) require you to indemnify Power Charge, (ii) limit Power Charger’s risk or liability in respect of the use of the Charger/s or use of the Services and (iii) create risks and liabilities for you. Accordingly, for the purposes of the Consumer Protection Act, 68 of 2008, (“CPA”), you must read these Terms carefully as they are important. We hereby specifically draw the importance of these Terms to your attention and by accepting same you confirm that you have read them.
2.3 It is your responsibility, before using the Service, to request clarification of any of these Terms and conditions from Power Charge if you do not understand their meaning.
2.4 These Terms do not intend, in any way, to limit the provisions of the CPA.
3. RENTAL AND USE
Availability:
3.1 The Renter agrees and acknowledges that the Chargers are not available 24 hours a day, 7 days/week, 365 days per year. The Chargers may only be rented during operating hours as set out and amended by Power Charge from time to time. The number of Chargers is limited and Charger availability is never guaranteed. Power Charge shall never be liable to you for any harm or damage due to a Charger not being available, for whatever reason and no service levels are warranted.
Collection:
3.2 Chargers must be collected from any of our charging stations subject to availability and successful registration and activation of the Services. 3.3 Unless otherwise instructed by Power Charge in writing, to activate Power Charge Services you may be required to download the Power Charge application. To use the Power Charge application, you must use a smartphone or any other (mobile) device that meets the technical requirements for and is compatible with the Power Charge application. Certain functions of the Power Charge application, such as the possibility to register with Power Charge, to unlock, rent and end the rental of the Charger require that the Power Charge application has an active network connection. You are responsible for the availability and costs of your mobile data communication services. You are also responsible for ensuring that Your mobile device has adequate battery capacity. Power Charge shall not be responsible if You are unable to unlock, use or end the rental period of the Charger as a result of lost or interrupted network connection, mobile device malfunction, or depleted battery. You shall remain responsible for and Power Charge may charge You all costs (including rental fees) incurred until the Charger has been dropped off and the rental period is ended.
3.4 Where the Services are activated via the internet, by scanning a QR code or otherwise, you accept that you may not have the same features applicable via the Power Charge application, which is the preferred mode of use. In addition, access to the Service in these instances requires you to have mobile data as well as adequate battery capacity. Again Power Charge shall not be liable to you should you lose network connection, your battery be depleted or your device malfunction including where this results in failure to deliver or interrupted Service.
Use:
3.5 Power Charge and the Renter are the only Parties to these Terms. The Renter is the sole renter and is solely responsible for compliance with the Terms. You understand that when you activate a Charger from the station, the Charger must be used only by you. You must not allow others to use a Charger that you have activated from the station.
3.6 You hereby warrant that you are familiar with the use of a Charger and are reasonably competent and fit to use the Charger. You also warrant that you have read the safety materials provided in the Power Charge application and/or Power Charger’s website. By choosing to use a Charger, you assume all responsibilities and risks for any injuries or medical conditions or damage to your device being charged. You are responsible for determining whether conditions, including, without limitation, flood, rain, fog, snow, hail, heat or electrical storms, make it dangerous to use a Charger.
3.7 Before each use of a Charger, you shall conduct a basic safety inspection of the Charger, which includes inspecting the following: (i) good condition of the Charger; (ii) sufficient battery charge power; and (iii) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance. You agree not to rent the
Charger if there are any noticeable issues, and to immediately notify customer service to alert Power Charge of any problems. We will not be responsible for refunds or any harm or damages arising due to a failure to inspect the Charger properly and immediately notify us.
3.8 The use is subject to the maximum rental time limits set out in these Terms or otherwise published by Power Charge and failure to comply may result in penalties.
3.9 The Renter agrees that he/she will not use the Charger for anything other than charging his/her personal electrical device that is compatible with the Charger. The Renter agrees that he/she will not use the Charger for hire or reward, nor use it in violation of any law, ordinance or regulation or these Terms.
3.10 You must not tamper with, attempt to gain unauthorized access to, or otherwise use the Power Charger other than as specified in these Terms.
3.11 You agree to use and operate the Charger safely and prudently considering the Charger being an electric Charger and all of the limitations and requirements associated therewith. You specifically understand the following:
3.11.1 The level of charge power remaining in the Charger will decrease with use of the Charger, and that as the level of charge power of the Charger decreases, the speed and other operational capabilities of the Charger may decrease;
3.11.2 The level of charging power in the Charger at the time the Renter initiates the rental or operation of the Charger is not guaranteed and will vary with each rental use;
3.11.3 The rate of loss of charging power during the use of the Charger is not guaranteed and will vary with each use;
3.11.4 It is your responsibility to check the level of charge power in the Charger and to ensure that it is adequate for your needs before initiating operation of the Charger;
3.11.5 The distance and/or time that you may operate the Charger before it loses charging power is never guaranteed;
3.11.6 The Charger may run out of charging power and cease to operate at any time during your rental of the Charger,
for which Power Charger accepts no responsibility.
Ownership:
3.12 The Charger is the exclusive property of Power Charge. The Renter agrees that the Charger and any Power Charge equipment attached thereto or used therewith (including charging stations), at all times, remain the exclusive property of Power Charge. You must not dismantle, write on, or otherwise modify, repair, destroy or deface a Charger, any part of a Charger, or other Power Charge equipment in any way. Nothing shall be construed as transferring ownership of the Charger or any part thereof or accessory thereto, to you.
Damage:
3.13 You must report any damage, theft or loss to or of the Charger to Power Charge as soon as possible via the Power Charge application or e-mail: info@powercharge.co.za. You must similarly report any malfunctioning Charges to Power Charge as soon as discovering same.
3.14 You agree that you are solely responsible and liable for any damages or liabilities of any kind or nature whatsoever related to a stolen or lost Charger.
3.15 You agree to return the Charger to Power Charge in the same condition in which it was rented normal wear and tear excepted.
3.16 You will be solely liable for any damage to the Charger (excluding normal wear and tear) whilst in your possession and we may apply your demand deposit towards and costs of replacement or repair of the Charger, in our discretion, which application you specifically hereby authorise.
Return:
3.17 The Renter agrees that Power Charge may require the Renter to return a Charger at any time.
3.18 If the Charger runs out of charging power during a rental, you shall conclude the rental period in compliance with all Terms, including the return of the Charger.
3.19 You agree to return the Charger at or before the expiry of the time for which you rented the Charger and failure to do so will result in additional time, rounded up to the nearest hour, being levied and deducted from your card, and/or the appropriate deposit not being released.
3.20 The Charger may be returned to any of our charging stations, as can be found in the Power Charger application.
3.21 A Charger may be deemed lost or stolen if (a) the Charger is not returned within 72 consecutive hours of activation of Service, (b) the Charger’s GPS unit is disabled, (c) other facts and circumstances that suggest to Power Charge in its reasonable, good faith determination
that a Charger has been lost or stolen. Power Charge and you agree that you shall be responsible for a lost or stolen Charger unless facts and circumstances suggest otherwise to Power Charge in its reasonable, good faith determination. If Power Charge deems a Charger lost or stolen, in addition to charging you the maximum daily charge as published from time to time, or all additional hours, Power Charge shall have the authority to take any and all other actions it deems appropriate including (without limitation) obtaining restitution and other appropriate compensation and damages including legal costs on an attorney and own client tariff. You agree that the data generated by Power Charge’s computer is conclusive evidence of the period of use of a Charger by you.
4. FEES AND PAYMENT
4.1 Fees
4.1.1 In consideration for the use of the Charger you agree to the payment of a deposit as well as Rental Charges.
4.1.2 The Rental Charges shall be in accordance with the pricing described in the Power Charge application, which may include
a start fee, fees based on time (with time rounded up or down
to the nearest hour), and/or a required minimum fee.
Generally, we will charge you an amount per specified
duration of time based upon the time that passes between you
picking up and returning the Charger from one of our charging
stations.
4.1.3 Pricing is subject to change from time to time.
4.1.4 In each case, fees and other charges may be subject to applicable taxes and other local government charges, which
may be charged and collected by Power Charge.
4.1.5 Power Charge will charge you (through credit, debit card or through another agreed payment method) the amount of the
fees as described in the Power Charge application and these
Terms, including any recurring payment you choose.
4.1.6 Unless otherwise specified, payment will be required in advance of using the Service and the Charger will not be
released to your possession until you have paid for the
specified amount of time that you require the use of the
Charger.
4.2 Payment method
4.2.1 To be registered to use the Power Charge Services, you must provide Power Charge with a valid credit, debit card or prepaid
card number and expiration date or other valid payment
method information.
4.2.2 You represent and warrant to Power Charge that you are authorized to use any credit, debit or prepaid card or other
payment method information supplied to Power Charge.
4.2.3 By providing your payment method, you agree that Power Charge is fully authorized to charge you for your rental period
and any other fees incurred by you in respect of the Services,
including all applicable governmental and regulatory charges
and applicable sales and other taxes.
4.2.4 When you provide a payment method or in accordance with Power Charge policies, our system will attempt to verify the
information you entered. We do this by processing an
authorization hold, which is a standard practice. We do not
charge you in connection with this authorization hold. If Your
payment method expires and You do not update your
information or cancel your account, You authorize us to
continue billing, and You will remain responsible for any
uncollected amounts. We reserve the right to retry billing all
payment method(s) on file after any failed billing attempt. You
will remain liable for all such amounts and all costs incurred in
connection with the collection of these amounts, including,
without limitation, bank overdraft fees, collection agency fees,
reasonable attorneys’ fees, and arbitration or court costs on
an attorney and own client basis.
In the event Power Charge uses a third-party collection and/or
administrative agent to resolve any damages, infringements
of law or of these Terms, fines and/or penalties, you agree to
pay all costs and collection fees including, but not limited to,
administrative and legal costs to such agent upon demand
without protest.
4.2.5 You agree to immediately inform Power Charge of all changes relating to the payment method.
4.2.6 If You have agreed to make automatic or recurring payments, such payments will continue until you cancel, or your account
is terminated. You can cancel by following the instructions on
the Power Charge application. If you cancel, You may use any
remaining balance on your account but may not be able to
continue using Power Charge Services until you have reauthorized an applicable payment method. Power Charge may continue to charge your payment method for any additional fees or charges incurred under these Terms.
4.3 Maximum time fees
4.3.1 The maximum rental time is 72 hours at which time the Charger must be returned. You may then rent another Charger thereafter. You agree that you are solely responsible for being aware of the length of any elapsed rental period time. After return of the Charger, Renter will be charged the accumulated rental charges.
4.3.2 Rental time will be calculated from the moment of unlocking the Power Charge through the Power Charge application until the we receives the confirmation through the Power Charge application that the rental period has ended and that the Charger has been returned to a charging station. If you end the rental period incorrectly, this may result in the rental period not being terminated. If the rental period is not ended properly, the rental period will continue, and you will continue to be charged. If you have technical issues terminating a rental period for any reason, You should report this to Power Charge through the Power Charge application immediately. Failure to report an issue in terminating a rental period may result in continued charges.
Chargers not returned (with the rental period concluded) within 72 hours will be considered lost, destroyed or stolen and the deposit being applied towards a replacement unit. Power Charge may also charge additional service fees for rentals in excess of 72 hours where the Charger is not lost or stolen.
4.4 Deposit
4.4.1 You hereby authorise the placement of a demand deposit or hold over your selected credit or debit card, as a damage deposit which will act as security against any replacement or repair costs due to your actions or omissions. Should you timeously return the Charger to a charging station without damage, your demand deposit will be released within a reasonable period.
4.4.2 Should we be required to replace or repair the Charger, we will be entitled, and are hereby authorised, to apply so much of your demand deposit as may be required to do so.
4.5 Disputes
4.5.1 If you dispute any invoice or other charge, you shall notify us in writing by email to info@powercharge.co.za setting out the details of the dispute. This notice is only valid if it is accompanied by detailed reasons for the dispute. The bare denial of any charge without detailed reasons shall render the notice invalid. The Parties shall negotiate in good faith to attempt to resolve the dispute promptly. You shall provide all such evidence, as may be reasonably necessary to verify the disputed charge. If no valid notice of dispute has been received by us within 5 (Five) days of a charge, you will be deemed to have accepted and approved the charge and shall be estopped from disputing same thereafter.
4.6 Value-added Tax and other taxes
4.6.1 The Charges are exclusive of amounts in respect of VAT unless it is otherwise stated.
4.7 Promo-codes
4.7.1 Power Charge may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be used for discounts or credits on Power Charge Services or other features or benefits provided by Power Charge, subject to any additional terms that Power Charge establishes.
4.7.2 You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, unless expressly permitted by Power Charge; (iii) may be disabled by Power Charge at any time for any reason without liability to Power Charge; (iv) may only be used pursuant to the specific terms that Power Charge establishes for such Promo Code; (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire prior to your use.
4.7.3 Power Charge reserves the right to withhold or deduct credits or other features or benefits obtained using the referral system
or Promo Codes by you or any other user in the event that
Power Charge determines or believes that the use of the
referral system or use or redemption of the Promo Code was
in error, fraudulent, illegal, or otherwise in violation of these
Terms or specific terms applicable to such Promo Codes.
5. SUSPENSION OR TERMINATION OF THE SERVICES
5.1 Notwithstanding any other rights that Power Charge may have in terms of the Terms, it shall have the right to suspend the Services with immediate effect should you materially breach of your obligations under these Terms, which breach has not been rectified despite demand, the suspension of Services, in such case, continuing until such breach has been rectified.
5.2 At any time and from time to time, and without you consent, Power Charge may unilaterally terminate your right to use the Power Charge Services, in Power Charge’s sole discretion and without any notice or cause provided, however, that (i) no refund of prepaid amounts will be provided by Power Charge, (ii) any continued use of the Power Charge Services will be subject to the terms these Terms, including subjecting you to additional applicable fees in accordance herewith; and (iii) all Terms by their nature should survive its termination shall continue to remain in effect.
5.3 Upon notice of termination you must immediately return the Charger to the nearest charging station.
6. INTELLECTUAL PROPERTY
6.1 You acknowledge that we have spent significant time and resources obtaining, creating and developing the Intellectual Property which underpins and forms the basis of the Services and deliverables offered to you and we will remain the sole owner/licence holder of that Intellectual Property.
6.2 All Intellectual Property rights and all other rights in any deliverables, (including solutions and materials developed by us forming part of the delivered Services), shall be owned by us.
6.3 You agree to not do, cause or permit anything to be done which may adversely affect any element of our Intellectual Property, or rights in and to its Intellectual Property, and will not attack or assist in any attack on the validity, and/or registration of the Intellectual Property.
6.4 You shall not make or file any application for a patent, utility model, design right or other similar intellectual property right based upon any of our Intellectual Property nor copy or reproduce any Intellectual Property or confidential information in any manner whatsoever (other than as is reasonably necessary for the purpose contemplated in these Terms).
7. CONFIDENTIALITY AND ANNOUNCEMENTS
7.1 You shall keep secret and confidential:
7.1.1 these Terms;
7.1.2 all of our Confidential Information and Intellectual Property; and
7.1.3 any information (whether or not technical) of a confidential nature communicated to you by us either preparatory to, or
as a result of, these Terms,
and shall not use them for any purpose except for the purpose of exercising or performing your rights and obligations under these Terms, and shall not disclose them to any person other than any of its officers or employees directly or indirectly concerned in the delivery of the Services, who must be placed under no less strict confidentiality obligations.
7.2 The Parties agree to not make any defamatory publications against the other and to resolve all disagreements and disputes amicably. The Parties agree that they will be liable to the other for all damage and harm caused by any defamatory publications.
7.3 You understand and agree that all personal information that is held by Power Charge and pertains to Renters, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by Power Charge in accordance with its privacy policy.
7.4 Please note that in terms of section 18 of the Protection of Personal Information Act, No. 4 of 2013, we are required to make certain disclosures about the personal information that we collect and process prior to collection. These disclosures are set out in our privacy policy.
7.5 Kindly ensure that you have read and understood the contents thereof prior to furnishing us with any personal information.
7.6 In any event, you hereby consent to us collecting your personal information including contact information and banking details for the purposes of creating a profile for you and activating the Services. This
information is compulsory and failure to provide such information will result in us being unable to provide the Services to you.
8. LIMITED LIABILITY, INDEMNITY, RELEASES
8.1 In no event shall we be liable to you for any incidental or consequential damages of any kind, whether or not arising out of negligence.
8.2 By choosing to rent a Charger, the Renter assumes full and complete responsibility for all related risks, dangers, and hazards, and the Renter agrees that Power Charge and all other released persons are not responsible for any injury, damage, or cost caused by the Renter with respect to any person or property, including the Charger or the device being Charged, directly or indirectly related to the charging.
8.3 In any case, our total liability to you for damage however arising, is limited to the Rental Charge paid by you for the rental of the Charger. 8.4 In all cases you shall be required to take steps to mitigate your own losses.
8.5 You agree to indemnify us from all liabilities including legal costs to third parties except to the extent that the liability arose from our own gross negligence or wilful conduct.
8.6 Without limiting your indemnity obligations in these Terms, you agree to fully release, indemnify, and hold harmless Power Charge and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and every property owner or operator with whom Power Charge has contracted to operate Power Charge Services and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Renter’s use of the Power Charge Services, Chargers, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or wilful misconduct. Such releases are intended to be general and complete releases of all Claims.
“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to Renter or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Power Charge Services, including any of the Chargers, placement, equipment, maintenance, related information, these Terms or (b) Renter’s use of any of the foregoing.
8.7 To the fullest extent permitted by law, and as to Renter’s use of any of the Power Charge Services, Chargers, stations/machines or related equipment, Power Charge and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of Power Charge Services, Chargers, and related equipment are provided “as is” and “as available,”. Renter relies on them at Renter’s own risk.
8.8 Renter is aware that Renter’s use of any of the Power Charge Services, Chargers, machines/stations and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Renter or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to: (i) Chargers and other objects, (ii) Charger or component malfunction, (iii) Weather conditions (iv) Negligent acts or omissions by Power Charge, any other Released Person, Renter, or third party.
8.9 Renter is always solely and fully responsible for the safe operation of Charger. Renter agrees that Chargers are machines that may malfunction, even if the Charger is properly maintained and that such malfunction may cause
9. FORCE MAJEURE
9.1 A Party shall not be in breach of these Terms, nor be liable for any failure or delay in performance of any obligations under these Terms arising from Force Majeure or attributable to acts, events, omissions or accidents beyond its reasonable control.
9.2 The corresponding obligations of the other Party will be suspended to the same extent.
9.3 Force Majeure means any circumstances beyond the reasonable control of a Party, including without limitation war, threat of war, hostilities (whether war be declared or not), terrorist activities, sabotage, invasion, rebellion, revolution, insurrection, civil war, riot, civil commotion or disorder, hail, lightening, flood, fire, explosion, drought,
epidemic, accident, breakdown of plant or machinery, loss of electricity or connectivity of charging stations, difficulty or increased expense in obtaining workmen, materials, goods or raw materials in connection with the performance of these Terms, any strike, lockout or other industrial action, accidental or malicious damage, any prohibition or restriction by any government or other legal authority (including without limitation statutory enactments, ordinances, rules and regulations), pandemic, including the Covid-19 virus as well as any resulting government lockdowns, which affects these Terms and which is not in force on the date of these Terms and any other interruption of Services whether as a result of vis major or casus fortuitous or otherwise beyond the reasonable control of Power Charge.
10. BREACH OF CONTRACT
10.1 The Parties must attempt to resolve all disputes regarding any breach of these Terms, by way of mediation prior to acting in terms of the dispute resolution provisions.
10.2 Should any Party breach or otherwise be in default of any of its material obligations under or in terms of these Terms and remain in default of fail to remedy such breach within 7 (Seven) days of receipt of written notice calling upon it to do so, the other Party will be entitled, but not obliged, in addition to any other rights which it may have or remedies which may be available to it:
10.2.1 to cancel the relevant Service forthwith, with or without claiming damages; or
10.2.2 to obtain an order against such defaulting party for specific performance with or without claiming damages; and/or
10.2.3 to recover any costs incurred by it as a result of any breach by the defaulting party of any of the terms of these Terms on the
attorney and client scale.
10.3 The above will not exclude any existing alternative remedies that the Parties may have in these Terms.
11. DOMICILIUM CITANDI ET EXECUTANDI
11.1 The Parties choose as their domicilia citandi et executandi for all purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature, in respect of Power Charge the address listed herein, and in respect of you, the address that you furnish us with when activating the Services.
11.2 Any notice or communication required or permitted to be given in terms of these Terms shall be valid and effective only if in writing, but it shall be competent to give notice by e-mail.
11.3 Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.
12. GENERAL
12.1 these Terms constitutes the whole agreement between the Parties as to the subject matter hereof and no agreements, representations or warranties other than those set out herein are binding on the Parties. We may amend our Terms from time to time so you are full responsible to check for amendments each time you use the Services.
12.2 No addition to or amendment, consensual cancellation, or revival of these Terms and no novation or waiver will be of any force or effect unless reduced to writing and signed by all the Parties.
12.3 No latitude, extension of time or other indulgence which may be given or allowed will under any circumstances be construed to be an implied consent or election or operate as a waiver or a novation or estoppel or otherwise affect any of a Party's rights in terms of or arising from these Terms.
12.4 If any provision hereof is held to be invalid or unenforceable, it must be interpreted in a manner rendering it valid and enforceable. Should the foregoing be impossible, such provision must be severed from these Terms, but the rest of these Terms will remain valid and enforceable.
12.5 Certain terms will survive the cancellation or termination of this contract, whether expressly stated or implied.
13. ACCEPTANCE OF TERMS
13.1 By clicking “I Agree” or otherwise using a Charger or other Power Charge Services, you certify that you have read and expressly agree to the terms and conditions in these Terms. You represent and certify that you are familiar with the operation of the Charger and are reasonably competent to use the Charger. You certify that you am the Renter, are
18 years of age or older, will rent at your own risk, and have read and expressly agreed to the terms and conditions set f
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