This Agreement creates binding legal obligations on you as a user. If the user does not agree to any of the terms of this Agreement, please do not access the Platforms, use any of the services offered through the Platforms or register an account for such services.
1.1 These terms and conditions constitute the Agreement between the user and The Plug Rocks Pty Ltd regarding your use of our The Plug Rocks power bank renting service in the South Africa, and applies to our website www.theplugrocks.com and to The Plug Rocks application for mobile devices (“The Plug Rocks App”) using operating systems such as IOS, Android, and/or Windows Mobile (the Website and The Plug Rocks App are collectively called the “Platform”).
1.2 Your use of the Service is subject to this Agreement, our Privacy Policy and power bank Usage Policy, which are located on the Platform. You agree to accept our Usage Policy and Privacy Policy, which constitute integral parts of this Agreement.
1.3 We reserve the right to modify the terms of this Agreement at any time. Such changes will become effective when we post the modified Agreement on the Platform. Each time you use the Platform or the Service, the then-current version of this Agreement will apply. If you use the Platform or the Service after a modification of this Agreement, you agree to be bound by the terms of this current version of the Agreement as modified.
1.4 This Agreement contains important information regarding your rights with respect to the Platform and the Service, including your relationship with us. Please read this Agreement carefully, and review this Agreement regularly.
You warrant and represent that:
(a) you are aged 16 years or over; and have the requisite mental and legal capacity to enter into this Agreement and use the Services.
(b) any information you submit to us when using the Service is accurate, complete, and current; and
(c) your use of the Service does not violate any applicable law or regulation.
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 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.
4.1 You are responsible for the security of your Account including login information and passwords. Please ensure that you log out at the end of each session when using the Website and leave the Platform following the correct steps. If you disclose your Account information you may be responsible for any losses and consequences of such acts.
4.2 Subject to Clause 10.1 of this Agreement, you shall be responsible for all the actions and results carried out under your Account (including, but not limited to, using The Plug Rocks power banks, returning The Plug Rocks Power Banks, releasing information, disclosing information, opening your address book, whether the actions and results have caused any damage to yourself, us or a third party).
4.3 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 youacknowledge that doing so takes a reasonable amount of time, and it will not be immediate.
4.4 Your Account may only be used by you and may not be shared with any other person. You agree:
(a) to keep your Account details private at all times;
(b) to keep the login verification code to your Account safe and confidential;
(c) not to transfer any part of your Account (e.g., address book) to anyone else; and
(d) to comply with all applicable laws and the terms and conditions in this Agreement in connection with your Account.
4.5 You shall be responsible for all actions and transactions made through your Account unless you have closed it, or reported any misuse of your Account to us via the Platform.
4.6 We attach great importance to the protection of your personal information and information of other users. If you come into contact with any personal information or documents of any other user through your use of the Platform or communication with other users, you shall keep such information confidential and will not in any way disclose such to any other party
5.1 Using The Plug Rocks Power Banks:
(a) After registrations, users should enable Bluetooth on their phone to use our service. By clicking ‘unlock’ in the App users can scan the QR code on the station and the Power Bank will be automatically released.
(b) Before you use a The Plug Rocks power bank, you must carefully inspect it for any damage, including, but not limited to, cable presence, cable condition, battery level functionality etc.
(c) You you must promptly notify The Plug Rocks of any problem or issue with the power bank via The Plug Rocks App or customer service email: enquiries@theplugrocks.com.
(d) Subject to Clause 10.1 of this Agreement, if you proceed to use a The Plug Rocks power bank in circumstances where:
(i) you have been advised or otherwise informed;
(ii) it is visually apparent and/or (iii) your inspection indicates, that such The Plug Rocks power bank is damaged, defective or otherwise unsuitable to be used, you will be solely responsible, and we will not be responsible for any damage or injury to your body or property or the body or property of any third party arising from the use of such The Plug Rocks power bank
e) You must use The Plug Rocks power bank in a reasonable, considerate and lawful manner. You may not damage it or restrict others from using it, including, but not limited to, damaging, vandalizing, extinguishing or concealing The Plug Rocks power bank, removing the cable or other conduct that prevents use of The Plug Rocks power bank by others.
(f) You must return The Plug Rocks power bank in the same condition in which it was rented. If The Plug Rocks power bank is returned damaged or in a state of disrepair, then you will be charged a fee that is equal to the cost of repair.
(g) You may not hire out a The Plug Rocks power bank to anyone else, nor may you use a The Plug Rocks power bank for conducting any business activity.
(h) After each use of a The Plug Rocks power bank, you can end the rental period either by returning the power bank to a station.
(l) The data generated by the Platform is conclusive evidence of the period of your use of a The Plug Rocks power bank. Your use of any The Plug Rocks power bank is limited to a period of 72 consecutive hours. Any use that exceeds a period of 120 consecutive hours is deemed a disappearance of The Plug Rocks power bank until The Plug Rocks Power Bank is checked back in. If a The Plug Rocks power bank is not returned and checked in within a period of 120 consecutive hours, then The Plug Rocks Power Bank is deemed lost or purchased and your Account may be charged a lost battery fee of up to R250. If a The Plug Rocks Power Bank is lost while you are using it, you must report the disappearance by filing a formal police report with the local police and also notify us within 24 hours following the disappearance via the Platform.
(j) In addition to, and not intended to limit, any other restrictions in connection with your use of a The Plug Rocks Power Bank, you may not:
(ii) Modify, dismantle, write on, attach accessories to or otherwise alter or deface a The Plug Rocks Power Bank or any part of a The Plug Rocks Power Bank in any way, or use a The Plug Rocks Power Bank for any advertising or similar commercial purpose;
(iii) Allow others to use a The Plug Rocks Power Bank that you have checked out.
(k) In connection with your use of any The Plug Rocks Power Bank and the Platform, you represent and warrant, as of each time immediately before using any The Plug Rocks Power Bank that:
(i) you acknowledge that The Plug Rocks does not guarantee that any The Plug Rocks Power Bank will be available at the time and in the place you wish to use one, especially at times of high demand;
(ii) you acknowledge that The Plug Rocks does not guarantee that you will be able to return the power bank at all times once it has been rented, if all stations in the users vicinity are full of power banks. If this does occur, please contact support via the app.
(iii) The Plug Rocks provides The Plug Rocks Power Bank only as a convenience, and such rental availability is to be used only by those persons who are able and qualified to operate a The Plug Rocks Power Bank on their own and who have agreed to all of the terms of this Agreement.
6.1 We have arranged for the provision of public liability insurance, which insures you against liability you incur in respect of injury to a third party or accidental damage to the physical property of a third party arising from your use of a The Plug Rocks Power Bank. This public liability insurance cover is limited in scope and subject to various exceptions. The cost of public liability insurance is included in our charges. For more information or if you are involved in an accident or damage or injury is caused to someone or something while using a The Plug Rocks Power Bank, please contact us at www.theplugrocks.com immediately or via the Platform
7.1 The charges for the use of the Service are as displayed on The Plug Rocks App from time to time.
7.2 If you have received a coupon for The Plug Rocks Power Banks, you may use the coupon in accordance with the user rules provided on such coupon.
7.3 For your convenience, we provide you with few payment options as and when each becomes available in your area:
(a) You may link your credit or debit card with your account on The Plug Rocks App to allow us to automatically deduct all amounts due to us hereunder from your credit card after your use. Pre-paid and cash cards cannot be used as a means of payment.
(b) You may also make a deposit into your account and replenish your account using certain payment services. Your account will be debited for your use of The Plug Rocks Power Banks. When there is insufficient balance on your account, you may use The Plug Rocks Power Banks on credit for one time before you will be allowed to use the batteries again only when your account is replenished.
(c) Please note that you may not withdraw money from your account under any circumstances. There are no refunds of any amount in your account balance once deposited.
7.4 In the event that you dispute any charge on your credit or debit card or to your Account, then you should contact us at enquiries@theplugrocks.com as soon as you become aware of a disputed charge.means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (‘anonymous data’).
8.1 In the event that at any time you have a complaint or dispute regarding the Service or the Platform you can notify us via the Platform or by sending an email to our customer service email at enquiries@theplugrocks.com
9.1 You acknowledge and agree that in order to protect the rights and interests of other users of the Platform and The Plug Rocks, 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 Plug Rocks 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 enquiries@theplugrocks.com8.1 In the event that at any time you have a complaint or dispute regarding the Service or the Platform you can notify us via the Platform or by sending an email to our customer service email at enquiries@theplugrocks.com
10.1 Nothing in this Agreement shall limit or exclude The Plug Rocks’s liability for:
(a) death or personal injury caused by its negligence or any of its employees or agents, or any defect of a The Plug Rocks Power Bank which was not readily apparent at the time of hire; or
(b) fraud or fraudulent misrepresentation or any other liability which cannot be limited or excluded by applicable law.
10.2 Subject to clause 10.1, you acknowledge and agree that our liability to you whether in contract, tort, for breach of statutory duty or otherwise, arising under or in connection with this Agreement shall be capped at any policy limit of such public liability insurance policy as we have in place in connection with the Service.
10.3 In exchange for your being allowed to use any The Plug Rocks Power Bank, you (acting for yourself and for all of your family, heirs, agents, affiliates, representatives, successors, and assigns) do fully and forever release and discharge The Plug Rocks from 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 legal fees), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, un-asserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the services discussed herein, including in connection with the Platform or use of any The Plug Rocks Power Bank, or (b) your use of any of the foregoing Claims that you have or may have against The Plug Rocks arising out of or in any way related to your use of the Platform or use of any The Plug Rocks Power Bank. Such releases are intended to be general and complete releases AND WAIVERS of all Claims arising out of or in any way related to your use of the Platform or use of any The Plug Rocks Power Bank.
10.4 Without limitation of the foregoing general releases, you acknowledge and agree that, except as may otherwise be limited by applicable law, The Plug Rocks is not responsible or liable for any claim, including those that arise out of or relate to (a) any risk, danger, or hazard described in this Agreement, (b) your use of, or inability to use the Service, any The Plug Rocks Power Banks, or the Platform, (c) your breach of the terms of this Agreement,or your violation of any law, (d) any negligence, misconduct, or other action or inaction of any third party. You hereby release and waive all claims with respect to any of the foregoing, including those based in contract, tort (including negligence), statutory, or other grounds, even if The Plug Rocks has been advised of the possibility of such claims, to the fullest extent permitted by law.
10.5 You further specifically acknowledge and agree that your use of The Plug Rocks Power Banks services and/or the Platform are at your sole risk. To the fullest extent permitted by law The Plug Rocks disclaims all express and implied warranties, including warranties of merchantability and fitness for purpose. All of the Service, The Plug Rocks Power Banks, and the Platform are provided “as is” and “as available” (and you rely on them solely at your own risk). The Plug Rocks does not represent or warrant that The Plug Rocks Power Banks or the Platform will be in good repair or error-free. You acknowledge and agree that delays, omissions, interruptions, or inaccuracies could exist with respect to any of the Service and/or the Platform. You assume full responsibility and risk of loss for using any of the Service, The Plug Rocks Power Banks and/or the Platform, and The Plug Rocks is not liable for any claim attributable to any of the foregoing. You assume full and complete responsibility and liability for all consequences and claims of any kind or nature whatsoever related to your stolen or lost The Plug Rocks Power Bank whilst under your control.
10.6 The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Agreement.
11.1 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.
11.2 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).
11.3 The name and logos of The Plug Rocks 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.
11.4 We grant you a limited, royalty-free, non-exclusive, personal, revocable and non-transferable, license to download and use The Plug Rocks App for your own personal, non-commercial purposes, subject to your compliance with this Agreement. You may use The Plug Rocks App and our Service only as permitted by this Agreement.
11.5 You are fully and solely responsible for all content, texts and images that you upload, post, transmit or share on the Platform. 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).
11.6 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.
12.1 You agree, without limitation, to indemnify and hold The Plug Rocks and its employees and agents harmless from any death, injury, or damage to yourself, another person or persons, or property arising out of or in any way connected to your use of any The Plug Rocks Power Bank or the Platform caused by your acts, omissions or negligence.
12.2 You agree to indemnify and hold The Plug Rocks and our associated parties jointly providing the Service with us, harmless from all liabilities, claims, losses, damages, expenses, costs (including legal fees incurred at trial, on appeal, or otherwise), debts, fines, penalties and charges, whether direct or indirect, including consequential, exemplary, incidental, special, punitive, lost profits, or otherwise that arise out of or relate to (i) your misuse or inability to use the Platform, (ii) your misuse of any information on or from the Platform, (iii) any unauthorised access or alteration of your transmission or data in connection with the Platform, (iv) any prohibited or malicious action or inaction by you that disrupts the Platform or the Service.
12.3 If your conduct causes us to pay third parties' claims, we may claim from you for all the losses after we undertake monetary and other obligations to third parties.
13.1 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.
13.1 Termination initiated by The Plug Rocks. 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 3 working 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.
13.2 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.
14.1 Covenants. You shall ensure that your conduct is in compliance with the following requirements when you access or use the Service:
(a) Compliance with all the applicable laws, including but not limited to tort law, privacy laws, intellectual property laws, tax laws and regulatory requirements;
(b) Provision of accurate information and updating them in a timely manner;
(c) Using your real name, identity and other personal information in the personal data file;
(d) Using the Service in a civilized and proper manner.
14.2 Prohibitions. You covenant that you will not use the Platform to conduct any illegal activity or any of the following acts:
(a) Using the Platform when you do not have the legal capacity or you are suspended from using the Service temporarily or permanently;
(b) Transferring your Account to any third party without our consent;
(c) Infringing others’ legal rights and interests in any way through the Platform, including collecting any other person’s login information or other personal information, using or attempting to use any other person’s account, harassing, insulting, threatening, coercing or hurting any other person, or sending any other person junk mails or other unwelcome messages or infringing any other persons’ intellectual property rights, etc.;
(d) Interfering or sabotaging the Platform, its server or its network, or to creating unreasonable or inappropriate load on our server or system by any means, or conducting any activity that may result in breakdown, overloading or damages (including spreading worms, viruses, spywares, malwares or other destructive codes) or implanting content or codes on user browsers or devices, or altering or disturbing the render effects or display of our website on the user browser or device by other means, or uploading viruses or other malicious codes;
(e) Without legal authorisation, using techniques on purpose to intercept, tamper, steal, record, visit, collect, store, use, spread, disclose or delete information that you are not authorised to access from the Platform, such as other users’ personal information, content or data relating to competitive services (determined at our discretion) or other confidential information which does not belong to you;
(f) Violating or evading any laws or any of our policies or rules or any decisions about your Account status;
(g) Taking any action to evade our technical and security measures;
(h) Infringing our intellectual property rights or other rights, including but not limited to using The Plug Rocks or our other commercial logos in any commercial name, email or website, deleting any notification contained in our services on copyrights, trademarks or other ownership, damaging any of our patents, copyrights, proprietary technology, programs, software or data base information that we possess or legally use, through copying, disseminating, publicizing, decoding, partitioning or producing derivatives etc.;
(i) Without our explicit consent, implying or stating that you are an affiliate of the Platform or have any agency relationships with it.
(j) Without our permission, renting, leasing, lending, borrowing, trading, selling or reselling our services or other relevant information or data, or monetizing or commercializing any of our service functions;
(k) Deleting, shielding or hiding any advertisement in our services;
(l) Using automatic programs or other automatic methods to visit our service, adding or downloading address books or sending or redirecting messages;
(m) Duplicating, modifying or creating derivatives of the Platform or any other relevant technologies (except otherwise authorised by us), or monitoring the usability, performance or functions of our services for competition purposes, or participating in establishing frame, making mirror images or other activities of imitating the appearance of our website or functions, or changing, modifying, re-editing or altering our services, or changing, modifying or altering other websites in order to create a wrong impression that such websites are related to our services.
(n) Visiting our Service via web pages not expressly provided by us;
(o) Rewriting any security functions of our Services or the Platform;
(p) Assisting or encouraging any violation of this Agreement or our policies;
(q) using our Service and The Plug Rocks Power Banks for any unlawful or illegal activity or which would be considered offensive and/or antisocial behavior; and
(r) Any other unlawful conduct detrimental to the Service and/or the Platform.
14.3 Although we impose standards for conduct on our users, we do not control or regulate our users’ conduct on the Platform. Therefore we will not be responsible for any content or information disseminated or shared by the users on the Platform. If you believe that a user has violated the terms of this this Agreement or any of our policies, then please contact us. Although we try to maintain a safe environment, we are not responsible for the posts of any users and disclaim any liability for the conduct or content of any users. If you, under any circumstance, and without our authorisation, commit any prohibited act, or publicise or disseminate any prohibited information, you will be solely responsible for all related liabilities and risks.
15.1 Certain activities on the Platform may require you to make an electronic signature. You understand and accept that an electronic signature has the same legal rights and obligations as a physical signature.
15.2 If you have an Account with us, you agree that we may provide you any and all required notices electronically through your Account or other electronic means such as email, or pop-up messages or pushed messages on the Platform in accordance with our Privacy Policy.
16.1 This Agreement and any dispute arising in relation to it shall be governed by and construed in accordance with English law and you and we agree to submit to the exclusive jurisdiction of the English courts in circumstances where the terms of this Agreement permit litigation in court.
17.1 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.
18.1 A person who is not a party to this agreement shall not have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
18.2 This Agreement (including but not limited to the Privacy Policy, Usage Policy and any additional terms that we have notified you of being applicable to specific services) constitutes the entire agreement between the parties with respect to its subject matter. It supersedes all previous agreements and understandings between the parties.
18.3 We may assign, transfer, delegate, or otherwise sub-contract our rights under the terms of this Agreement in our sole discretion.
18.4 If we fail to enforce a provision of the terms of this Agreement, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder).
18.5 If any provision of the terms of this Agreement is held or made invalid, the invalidity does not affect the remainder of the terms of this Agreement. We reserve all rights not expressly granted in the terms of this Agreement and disclaim all implied licenses.
19.1 Should you want to contact the Company in accordance with these Terms or in respect of any general inquiry except for the inquiries regarding these Terms, you may send the inquiry through by email to our Support Team.
19.2 You are agreed and accept that your inquiry mentioned above would be deemed not received by the Company unless and until you receive a confirmation notice from the Company.