Last updated: 11th June, 2024
This Agreement imposes legal obligations upon you. If you disagree
with any part of this Agreement, kindly refrain from accessing the
Platforms, utilizing any services provided through the Platforms, or
registering an account for such services.
1.1 These terms and conditions form the agreement ("Agreement")
between you ("User") and GoChargeAm Limited and its affiliates
("we," "us," or "GoChargeAm") concerning your utilization of our
GoChargeAm battery sharing service ("Service") in Nigeria. This
Agreement pertains to both our website, www.GoChargeAm.com
("Website"), and our mobile application ("GoChargeAm App") available
on operating systems like IOS, Android, and/or Windows Mobile.
Collectively, the Website and the GoChargeAm App are referred to as
the "Platform."
1.2 Your utilization of the Service is governed by this Agreement,
our privacy policy ("Privacy Policy"), and battery usage regulations
("Usage Policy"), accessible on the Platform. By using the Service,
you consent to adhere to our Usage Policy and Privacy Policy, both
of which are essential components of this Agreement.
1.3 We retain the right to amend the terms of this Agreement at any
given time. Such modifications will take effect upon our posting of
the updated Agreement on the Platform. Each instance of your usage
of the Platform or the Service will be governed by the prevailing
version of this Agreement. By continuing to use the Platform or the
Service subsequent to any modifications to this Agreement, you
consent to be bound by the terms of the current version of the
Agreement as amended.
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:
(1.) You confirm that you are at least 18 years old and possess the
necessary mental and legal capacity to enter into this Agreement and
utilize the Services.
(2.) any information you submit to us when using the Service is
accurate, complete, and current; and
(3.) your use of the Service does not violate any applicable law or
regulation.
3.1 You shall register with the Platform by undergoing mobile phone
verification or another prescribed procedure to become a registered
user. You acknowledge and consent that the details you furnish
during the user registration process are truthful and comprehensive.
Furthermore, you agree to promptly inform us of any updates or
alterations to this information.
3.2 The user account (“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 password(s). 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 GoChargeAm batteries
(“GoChargeAm Batteries”), returning GoChargeAm Batteries, 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 you
acknowledge 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:
to keep your Account details private at all times;
to keep the login verification code to your Account safe and
confidential;
not to transfer any part of your Account (e.g., address book) to
anyone else; and
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 GoChargeAm Batteries:
(a) After registration, by clicking ‘unlock’ in the App users can
scan the QR code on the station and the battery will be
automatically released.
(b) Before you use a GoChargeAm battery, you must carefully inspect
it for any damage, including, but not limited to, cable presence,
cable condition, battery level functionality etc.
(c) You must promptly notify GoChargeAm of any problem or issue with
the battery via the GoChargeAm App or customer service email:
support@GoChargeAm.com
(d) Subject to Clause 10.1 of this Agreement, if you proceed to use
a GoChargeAm battery in circumstances where:
you have been advised or otherwise informed; it is visually apparent
and/or your inspection indicates, that such GoChargeAm battery 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 GoChargeAm battery.
(e) You must use the GoChargeAm battery 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 GoChargeAm battery, removing the
cable or other conduct that prevents use of the GoChargeAm battery
by others.
(f) You must return the GoChargeAm battery in the same condition in
which it was rented. If the GoChargeAm battery is returned damaged
or in a state of disrepair, then you will be charged a fee that is
equal to the cost of the battery.
(g) You may not hire out a GoChargeAm battery to anyone else, nor
may you use a GoChargeAm battery for conducting any business
activity.
(h) After each use of a GoChargeAm battery, you can end the rental
period by returning the battery to an online GoChargeAm station, (rental period ends
automatically in the App) and paying the relevant fees.
(I) The data generated by the Platform is conclusive evidence of the
period of your use of a GoChargeAm battery. Your use of any
GoChargeAm battery is limited to a period of 24 hours. Any
use that exceeds a period of 24 hours is deemed a
disappearance of the GoChargeAm battery until the GoChargeAm Battery
is checked back in. If a GoChargeAm Battery is not returned and
checked in within a period of 24 hours, then the
GoChargeAm Battery is deemed lost and your Account may
be charged by the way of the security deposit and subscription
charges being forfeited against the price of the GoChargeAm
Batteries.. If a GoChargeAm Battery 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. Your usage of
the Service is governed by the subscription plan. We reserve the
right to change such subscription plan solely at our end without
serving any notice or communication to You. Any change in the
subscription plan can be viewed on our website.
(j) In addition to, and not intended to limit, any other
restrictions in connection with your use of a GoChargeAm Battery,
you may not:
Modify, dismantle, write on, attach accessories to or otherwise
alter or deface a GoChargeAm Battery or any part of a GoChargeAm
Battery in any way, or use a GoChargeAm Battery for any advertising
or similar commercial purpose; Allow others to use a GoChargeAm
Battery that you have checked out.
(k) In connection with your use of any
GoChargeAm Battery and the Platform, you represent
and warrant, as of each time immediately before using any GoChargeAm
Battery that:
you acknowledge that GoChargeAm does not guarantee
that any GoChargeAm Battery will be available at the time and in the
place, you wish to use one, especially at times of high demand;
you acknowledge that GoChargeAm does not guarantee
that you will be able to return the battery at all times once it has
been rented, if all stations in the users’ vicinity are full of
batteries. If this does occur, please contact support via the app.
GoChargeAm provides
GoChargeAm Batteries only as a convenience, and
such rental availability is intended to be used only by those
persons who are able and qualified to operate a GoChargeAm Battery
on their own and who have agreed to all of the terms of this
Agreement.
Please be ware that our liability does not cover damages or injuries resulting from improper or unauthorized use of the rented power banks. Customers are advised that using our power banks is done at your own risk.
7.1 The charges for the use of the Service are as displayed on the
GoChargeAm App from time to time.
7.2 If you have received a coupon for GoChargeAm Batteries, you may
use the coupon in accordance with the user rules provided on such
coupon.
7.3 For your convenience, we provide you with several payment
options as and when each becomes available in your area.
You may link your credit or debit card with your account on the
GoChargeAm App to allow us to automatically deduct all amounts due
to us hereunder from your credit card after your use.
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 GoChargeAm Batteries. When there is insufficient
balance on your account, you may use GoChargeAm Batteries on credit
for one time before you will be allowed to use the batteries again
only when your account is replenished.
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
support@gochargeam.com as soon as you become aware of a disputed
charge.
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 support@gochargeam.com
9.1 You acknowledge and agree that in order to protect the rights
and interests of other users of the Platform and GoChargeAm, 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:
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 GoChargeAm App from time to time;
We may suspend your Account or permanently block you from using the
Platform.
9.2 If you have any question regarding our handling of your
violation, you may appeal to our customer service email at
support@gochargeam.com
10.1 Nothing in this Agreement shall limit or exclude GoChargeAm’s
liability for:
death or personal injury caused by its negligence or any of its
employees or agents, or any defect of a GoChargeAm Battery which was
not readily apparent at the time of hire; or 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 GoChargeAm
Battery, you (acting for yourself and for all of your family, heirs,
agents, affiliates, representatives, successors, and assigns) do
fully and forever release and discharge GoChargeAm 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, unasserted, fixed,
conditional, or contingent) that arise from or relate to any of the
services discussed herein, including in connection with the Platform
or use of any GoChargeAm Battery, or your use of any of the
foregoing (“Claims”) that you have or may have against GoChargeAm
arising out of or in any way related to your use of the Platform or
use of any GoChargeAm Battery. 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
GoChargeAm Battery.
10.4 Without limitation of the foregoing general releases, you
acknowledge and agree that, except as may otherwise be limited by
applicable law, GoChargeAm is not responsible or liable for any
claim, including those that arise out of or relate to any risk,
danger, or hazard described in this Agreement, your use of, or
inability to use the Service, any GoChargeAm Batteries, or the
Platform,
your breach of the terms of this Agreement, or your violation of any
law,
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 GoChargeAm 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 Service, GoChargeAm Batteries, and/or the Platform are at your
sole risk. To the fullest extent permitted by law GoChargeAm
disclaims all express and implied warranties, including warranties
of merchantability and fitness for purpose. All of the Service,
GoChargeAm Batteries, and the Platform are provided “as is” and “as
available” (and you rely on them solely at your own risk).
GoChargeAm does not represent or warrant that GoChargeAm Batteries
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, GoChargeAm Batteries and/or the Platform,
and GoChargeAm 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 GoChargeAm Battery whilst
under your control.
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 GoChargeAm 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
GoChargeAm App for your own personal, non-commercial purposes,
subject to your compliance with this Agreement. You may use the
GoChargeAm 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
(“User Content”). 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:
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.
We will not include use your content to advertise other products and
services (including sponsored content) without your consent.
We shall obtain your consent if we intend to grant others the right
to release your content outside the Platform.
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.
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.
In holding and processing your content we will comply with the
requirements of NITDA and other applicable laws.
12.1 You agree, without limitation, to indemnify and hold GoChargeAm
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 GoChargeAm Battery
or the Platform caused by your acts, omissions or negligence.
12.2 You agree to indemnify and hold GoChargeAm 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
your misuse or inability to use the Platform,
your misuse of any information on or from the Platform,
any unauthorised access or alteration of your transmission or data
in connection with the Platform,
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:
If you notify us via the Platform at any time that you wish to cease
using the Service and the Platform;
If you cease using the Service and the Platform for a period of 365
consecutive days or more;
If you cease using the Service and the Platform and expressly reject
any changes to this Agreement before such changes become effective.
13.2 Termination initiated by GoChargeAm. We may terminate this
Agreement in any of the following ways:
If you breach any of the terms of this Agreement;
If you fail to pay any sums due under this Agreement within 2 days
of the date due;
If you cease using the Service and the Platform for a period of 365
consecutive days or more;
If in our opinion your continued use of the Service or the Platform
would be detrimental to the Service, the Platform or other users;
If you expressly reject any changes to this Agreement notified to
you from time to time.
13.3 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.
14.1 Covenants. You shall ensure that your conduct is in compliance
with the following requirements when you access or use the Service:
Compliance with all the applicable laws, including but not limited
to tort law, privacy laws, intellectual property laws, tax laws and
regulatory requirements;
Provision of accurate information and updating them in a timely
manner;
Using your real name, identity and other personal information in the
personal data file;
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:
Using the Platform when you do not have the legal capacity or you
are suspended from using the Service temporarily or permanently;
Transferring your Account to any third party without our consent;
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.;
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;
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;
Violating or evading any laws or any of our policies or rules or any
decisions about your Account status;
Taking any action to evade our technical and security measures;
Infringing our intellectual property rights or other rights,
including but not limited to using GoChargeAm 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.;
Without our explicit consent, implying or stating that you are an
affiliate of the Platform or have any agency relationships with it.
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; Deleting, shielding or hiding any advertisement
in our services;
Using automatic programs or other automatic methods to visit our
service, adding or downloading address books or sending or
redirecting messages;
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.
Visiting our Service via web pages not expressly provided by us;
Rewriting any security functions of our Services or the Platform;
Assisting or encouraging any violation of this Agreement or our
policies;
using our Service and GoChargeAm Batteries for any unlawful or
illegal activity or which would be considered offensive and/or
antisocial behaviour; and
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 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.
18.2 We may assign, transfer, delegate, or otherwise sub-contract
our rights under the terms of this Agreement in our sole discretion.
18.3 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).
18.4 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.