FLASHSHARE PORTABLE POWER TERMS & CONDITIONS
WE MAY AMEND THIS AGREEMENT FROM TIME TO TIME. AMENDMENTS WILL BE EFFECTIVE UPON FLASHSHARE’S POSTING OF SUCH UPDATED AGREEMENT HERE. YOUR CONTINUED ACCESS OR USE OF THE SERVICES AFTER SUCH POSTING CONSTITUES YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, AS AMENDED.
These Terms and Conditions (the “Agreement”) constitute an agreement between the person who is over the age of 18 and is accepting this Agreement (“You” or “Your”) and FLASH ENERGY INC, with offices at 6607 11th Avenue, Brooklyn, NY 11219 (“FLASH,” “FLASHSHARE,” “we,” “us,”). This Agreement is effective when you complete your transaction by renting a Portable Charger and other accessories from FLASHSHARE. All portable chargers rented from the FLASHSHARE will be serviced by FLASH ENERGY INC. By authorizing the charge or debit for your rental of a Portable Charger, you indicate your agreement to be bound by these FLASHSHARE Portable Power Terms and Conditions.
This Agreement establishes the terms and conditions under which You are renting from FLASHSHARE portable chargers and accessories serviced by FLASHSHARE. It is important that you take the time to read the entire Agreement carefully. You should retain a copy of this Agreement for your records. The number of power banks you may rent at a given time is subject to FLASHSHARE’s discretion.
The details specific to each rental are presented on-screen prior to completing the rental transaction.
A. RENTAL AND USE OF PORTABLE CHARGER – BEFORE SIGN UP
You are the Sole User of the Services: You certify and expressly agree that You are the sole renter and You are responsible for compliance with all terms and conditions contained in this Agreement. You understand that when You rent a Portable Charger, the Portable Charger must be used ONLY BY YOU. You must not allow others to use a Portable Charger that You have rented.
You are At Least 18 Years Old: You represent and certify that You are at least 18 years old, and that You have a valid driver’s license or personal identification (if required in your jurisdiction).
You are a Competent Operator: You represent and certify that You are familiar with the safe and competent operation of the Portable Charger.
Portable Charger is the Exclusive Property of FLASHSHARE: You agree that the Portable Charger, and other accessories, at all times, remain the exclusive property of FLASHSHARE. You must not dismantle, write on, or otherwise modify, repair or deface any Portable Charger, or any part of any of the Portable Charger, or any other FLASHSHARE products or accessories in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Portable Charger and FLASHSHARE Station/Kiosk in any way. You must not use any Portable Charger for any advertising or commercial purpose.
Availability and Usage of Portable Charger: You agree and acknowledge that Portable Charger may not be available at all times. Portable Charger requires periodic charging of batteries in order to be rented and to charge Your device. You agree to use and operate Portable Charger safely and prudently and comply with all restrictions and requirements associated with Portable Charger, as set forth in any all applicable laws, rules, regulations, and/or ordinances.
B. ACCOUNT REGISTRATION AND SECURITY:
You understand that You will need to create an account to have access to the Services. You will: (a) provide true, accurate, current and complete information about You as prompted by the Services’ registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or FLASHSHARE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FLASHSHARE has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof). You are entirely responsible for the security and confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You will not share Your account information or Your user name and password with any third party or permit any third party to logon to the Services using Your account information. You agree to immediately notify us of any unauthorized use of Your account or any other breach of security of which You become aware. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services. We have the right to provide Your billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business, or in some cases, as a result of mandatory data sharing with governments). Please note that anyone able to provide Your personally identifiable information will be able to access Your account so You should take reasonable steps to protect this information.
FLASHSHARE will collect $35 deposit from You. Such deposit will be shown in the deposit account under “My Wallet” in the FlashShare On-Demand Power Banks Rental App or other forms of rental methods (H5 Rental Page, Progressive Web App, Apple Clip, WeChat Program, etc.)
You can use the App to apply for the return of the deposit to Your payment method used to pay for the deposit (To use this method, You must apply for the return of the deposit within 90 days of the payment of the deposit) or to a new bank account. The return of the deposit to a new bank account is subject to surcharge.
You understand that use of the Services may result in charges to you for the Services you receive. The charge for Your use of the Services will be deducted from the deposit.
User’s period of Portable Charger rental begins when the Portable Charger is rented with the FlashShare On-Demand Power Banks Rental App or other forms of rental methods (H5 Rental Page, Progressive Web App, Apple Clip, WeChat Program, etc.). The Rental Period ends when the Portable Charger is returned to the FLASHSHARE Portable Charger Station/Kiosk. After you have received the Services obtained through Your use of the Services, We will facilitate your payment of the applicable fees and charges. In each case, fees and other charges may be subject to applicable taxes and other local and/or state government charges, which may be charged and collected by FLASHSHARE. FLASHSHARE will charge Your payment method the amount of the fees as described in this Agreement.
Maximum Rental Time and Charges: Maximum rental time is 36 hours. You agree that You will return the Portable Charger within 36 hours of time that rental of the Portable Charger began. You may then rent again. You agree that You are solely responsible for being aware of any elapsed time related to timely returning the Portable Charger. The maximum charge is $35 per unit. After return of the Portable Charger, You will be charged the accumulated rental charges, with the maximum 36-hour charge for $20. Portable Charger not returned within 36 hours will be considered lost or stolen, and You will be charged $35 for each Portable Charger not returned within 36 hours, which is subject to surcharge, applicable taxes and other local and/or state government charges.
Valid Payment Method: All rentals must be paid by credit card, Apple Pay, Google Pay, Alipay, WeChat Pay, and In-App Balance (“payment method”). You must input a valid payment method information before You will be registered to use the Services. You represent and warrant to FLASHSHARE that You are authorized to use any payment method You furnish to FLASHSHARE. When We process Your payment, some payment method companies may place a temporary hold on Your account for Your first payment. Please contact Your payment method company if You have questions. You authorize FLASHSHARE to charge your payment method for all fees incurred by You. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by FLASHSHARE. IF YOU DISPUTE ANY CHARGE ON YOUR PAYMENT METHOD ACCOUNT, THEN YOU MUST CONTACT FLASHSHARE WITHIN 10 BUSINESS DAYS from the end of the month with the disputed charge, provide to FLASHSHARE all rental information that is necessary to identify the disputed charge, such as the date of the rental and the approximate starting and ending time. You agree to immediately inform FLASHSHARE of all changes relating to Your payment method account.
Single Use Charge: This service allows you to rent for the Rental Period, one or more FLASHSHARE power bank(s) for the established rental fee for the applicable location plus any applicable taxes per portable charger with a charging cable for a single use charge. You will find the applicable fee for your location at the FLASHSHARE Station/Kiosk you rented from, and on FlashShare On-Demand Power Banks Rental App.
FLASHSHARE will seek authorization from your payment method company for the charges under this Agreement plus applicable taxes. If authorization is received, that charge will be processed on your payment method company. If your payment payment method is declined, FLASHSHARE may refuse to rent or sell you the FLASHSHARE power bank.
Modifications to Prices or Billing Terms: The purchase and/or rental of Products and/or Services is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICES MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. FLASHSHARE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICES OR BY ELECTRONIC DELIVERY TO YOU.
D. RENTAL PERIOD
The Rental Period for the Portable Charger begins when the it is rented with the Flashshare On-Demand Power Banks Rental App. The Rental Period ends when the Portable Charger is returned to the FLASHSHARE Portable Charger Station/Kiosk.
E. USE OF CHARGER
You may take the FLASHSHARE power bank anywhere with you during the Rental Period, allowing you to charge your smartphone or tablet while you are at a venue or you are on the go. If you remove the power bank from the venue for any reason, you shall still be responsible for returning the power bank by the end of the Rental Period. FLASHSHARE Station/Kiosk locations can be found at Flashshare.com and on Flashshare On-Demand Power Banks Rental App.
F. RETURN OF CHARGER
You must return the rented FLASHSHARE power bank to any FLASHSHARE Station/Kiosk location within rental period. If you do not return the power bank to a Station/Kiosk location rental period, we will charge your payment method for additional period you keep the charger, up to the maximum Rental Period, after which You will own the power bank, and FLASHSHARE will charge your payment method the established Purchase Fee plus tax for each power bank.
G. INCOMPATIBLE OR DEFECTIVE PRODUCT
Before each use of any Portable Charger, You shall conduct a basic safety inspection of the Portable Charger, which includes inspecting the following: (i) proper connection of the cables; (ii) good condition of the frame of the Portable Charger; (iii) any sign of damage, unusual or excessive wear, or maintenance need. You agree not to use the Portable Charger if there are any noticeable issues, and to immediately notify customer service to alert FLASHSHARE of any problems.
If you believe you rented a defective FLASHSHARE power bank from us, you must return the item to us within five (5) minutes of the initial rental. You agree that your exclusive remedy for a defective rental is A SUBSTITUTE RENTAL OF EQUAL OR LESSER VALUE. If you return to an FLASHSHARE Station/Kiosk to exchange a defective power bank and another bank is unavailable, you may contact customer service team via email at email@example.com, and someone will assist you. FLASHSHARE does not guarantee the power bank will fully recharge your smartphone or tablet. If a power bank is returned damaged at any time, as determined by FLASHSHARE, or defective, but not within five (5) minutes of the initial rental, FLASHSHARE reserves the right to charge your payment method for additional fees to fix the charger, not to exceed the Non-Return Fee stated in Section RETURN OF CHARGER.
The manufacturer of the FLASHSHARE power bank has reserved all rights, title, and interest in and to certain intellectual property associated with the portable charger. You will take no action that would cause, or by inaction permit, any impairment of any right, title, and interest of the manufacturer in that intellectual property and you will otherwise respect the legal rights of the manufacturer.
H. LIMITATION OF LIABILITY AND INDEMNIFICATION
“Claims” means, collectively, and without limitation, 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 attorneys’ fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including 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 Services, including any of the Portable Charger, equipment or related information, and/or (b) Your use of any of the foregoing. “Released Persons” means, collectively (i) FLASHSHARE and all of its owners, managers, affiliates, employees, agents, representatives, successors, assigns, licensors, licensees, distributors, vendors or third parties with whom FLASHSHARE authorizes or otherwise partners with to distribute, market or otherwise commercialize the Services, (ii) municipalities and public entities (including all of their respective elected and appointed officers, officials, employees and agents) which authorize FLASHSHARE to operate any of its Services, and (iii) to the extent You access the Services using a third party application, website, content, products, or services, that third party and all of its owners, managers, affiliates, subsidiaries, employees, directors, agents, representatives, successors, and assigns. In exchange for being allowed to use any of the Services, and other equipment or related information provided by FLASHSHARE, You (acting for You and for all of Your family, heirs, agents, affiliates, representatives, successors, and assigns) hereby fully and forever release and discharge all Released Persons for any and all Claims that You have or may have against any Released Person. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. You expressly agree to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, regardless of the cause, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using any of the Services.
Disclaimer of Warranties: TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, PRODUCTS, OR RELATED EQUIPMENT, FLASHSHARE AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Services Provided As-Is: ALL OF THE SERVICES, PORTABLE CHARGER, AND RELATED EQUIPMENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK).
Therefore, to the fullest extent permissible by law, the Released Persons hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A RELEASED PERSON, RELEASED PERSONS HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
FLASHSHARE AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, PRODUCTS, OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable. However, in those jurisdictions, FLASHSHARE expressly disclaims any and all warranties to the fullest extent permitted by applicable law.
LIMITED LIABILITY OF FLASHSHARE and ASSUMPTION OF RISK BY YOU:
Limited Liability: YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, FLASHSHARE AND ALL OTHER RELEASED PERSONS ARE 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, ANY OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT, (C) YOUR BREACH OF THIS AGREEMENT AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION (D) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU.
Waiver of Claims: YOU HEREBY WAIVE ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, AND/OR OTHER GROUNDS, EVEN IF FLASHSHARE OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
Maximum Liability to FLASHSHARE: THE TOTAL LIABILITY OF FLASHSHARE AND ALL OTHER RELEASED PERSONS FOR ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $35.
Assumption of Risk by You: YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT, IS AT YOUR SOLE AND INDIVIDUAL RISK, AND THAT FLASHSHARE AND THE RELEASED PERSONS ARE NOT RESPONSIBLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT, AND THAT YOU ASSUME SUCH RISK.
You agree to defend, indemnify, and hold harmless the Released Persons from and against any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Released Person, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) Your use or misuse of the Services, Products, and/or related equipment, (ii) Your User Submissions; (iii) Your use of the Services and Your activities in connection with the Services; (iv) Your breach or alleged breach of this Agreement or any Additional Terms; (v) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the Services (including the Portable Charger) or Your activities in connection with the Services; (vi) information or material transmitted through Your Device(s), even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by You; and (viii) the Released Persons’ use of the information that You submit to Us (including Your User Submissions) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Released Persons in the defense of any of the foregoing. Notwithstanding the foregoing, the Released Persons retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Released Persons reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Released Persons.
I. RESERVATION OF RIGHTS:
We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Services’ security or information technology or other systems or networks; (ii) investigate any suspected breaches of this Agreement and any Additional Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of this Agreement and any Additional Terms; and (vi) discontinue the Services, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate Your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to You or any third party. Any suspension or termination will not affect Your obligations to us under this Agreement or any Additional Terms. Upon suspension or termination of Your access to the Services, or upon notice from us, all rights granted to You under this Agreement or any Additional Terms will cease immediately, and You agree that You will immediately discontinue use of the Services. The provisions of this Agreement and any Additional Terms, which by their nature should survive Your suspension or termination will survive, including the rights and licenses You grant to us in this Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
J. OTHER TERMS AND CONDITIONS
You are solely responsible for ensuring that your mobile device has sufficient battery charge for your needs and that all charging to your mobile device is done in accordance with your mobile device manufacturer’s suggestions on the type, frequency and duration of charging. You further acknowledge and agree that FLASHSHARE would NOT be held responsible for any loss, damage, or other injury caused by your mobile device or an insufficient battery charge.
The FLASHSHARE power bank is intended only for use in recharging compatible mobile devices as specified in Section USE OF CHARGER and is not recommended for any other use and any use other than the charging of your mobile device shall constitute a “Non-Recommended Configuration.” You agree not to attach any device to the power bank other than your compatible mobile device.
If you have any questions, please email FLASHSHARE Portable Power at firstname.lastname@example.org.
This agreement shall be governed by and construed in accordance with the law of the state of New York. The parties hereby irrevocably submit in any legal proceeding relating to this Agreement to the exclusive jurisdiction of the federal and state courts sitting in the County of Kings, State of New York.