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.
You warrant and represent that: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 (“Account”) you create following the registration
process shall be personal to you, and you may not use a phone number
registered with anyone else than you for your account. 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 You shall be responsible for all the actions and results carried out under your Account (including, but not limited to, using Brick power banks (“Brick Batteries”), returning Brick 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: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.
USING THE SERVICE
5.1 Using Brick Batteries:5.1.1. After registrations, users must add payment details to the app. By clicking “scan a station” in the App users can scan the QR code on the station and the battery will be released.5.1.2. Before you use a Brick battery, you must carefully inspect it for any damage, including, but not limited to, cable presence, cable condition, battery level functionality etc.5.1.3. You must promptly notify Brick of any problem or issue with the battery via the Brick App or customer service email: help@Brickapp.se5.1.4. Subject to this Agreement, if you proceed to use a Brick battery in circumstances where: (i) you have been advised or otherwise informed; (ii) it is visually apparent and/or (iii) your inspection indicates, that such Brick 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 Brick battery.
5.1.5. You must use the Brick 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 Brick battery, removing the cable or other conduct that prevents use of the Brick battery by others.
5.1.6. You must return the Brick battery in the same condition in which it was rented. If the Brick battery is returned damaged or in a state of disrepair, then you will be charged a fee that is equal to the cost of repair.
5.1.7. You may not hire out a Brick battery to anyone else, nor may you use a Brick battery for conducting any business activity.
5.1.8. After each use of a Brick battery, you can end the rental period either by returning the battery to a station, (rental period ends automatically in the App), ending the fee meter and paying the relevant fees.
5.1.9. The data generated by the Platform is conclusive evidence of the period of your use of a Brick battery. Your use of any Brick battery is limited to a period of 5 consecutive days. Any use that exceeds a period of 5 consecutive days is deemed a disappearance or purchase of the Brick battery, and your Account may be charged a lost battery fee of up to 25 Euro on top of the rental fees for the 5 days. If a Brick Battery is lost or purchased 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.
5.1.10. In addition to, and not intended to limit, any other restrictions in connection with your use of a Brick Battery, you may not:
5.1.11. Modify, dismantle, write on, attach accessories to or otherwise alter or deface a Brick Battery or any part of a Brick Battery in any way, or use a Brick Battery for any advertising or similar commercial purpose;
5.1.12. Allow others to use a Brick Battery that you have checked out.
5.1.13. In connection with your use of any Brick Battery and the Platform, you represent and warrant, as of each time immediately before using any Brick Battery that:
5.1.14. you acknowledge that Brick does not guarantee that any Brick Battery will be available at the time and in the place you wish to use one, especially at times of high demand;
5.1.15. you acknowledge that Brick 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.
5.1.16. Brick provides Brick 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 Brick Battery on their own and who have agreed to all of the terms of this Agreement.
PRICE FOR USE OF SERVICE
6.1 The price for use of service varies between country. The most recent and up to date pricing are always available in the Brick App. For Serbia, check https://brickapp.se/sr/cenovnik/
CHARGES AND PAYMENT
7.1 The charges for the use of the Service are as displayed on the Brick App from time to time.7.2 If you have received a coupon / promo code for Brick 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:
(a) You need an account to use our Services, which requires a valid debit or credit card or other approved payment method with an expiration date (which is passed to our third-party payment processor – we do not receive or store this information ourselves) as well as other requested information depending on the Product. Pre-paid and cash cards cannot be used as a means of payment.
You may rent our Services on a per-power bank rental. All pricing can be found in the App. Please note that we may change pricing for our Services as we deem necessary or appropriate for our business. All of these will be charged to your preferred payment method designated in your account based on your use. All payments to us are made through a third-party payment processor in the form of payment accepted by them.
7.4 In the event that you dispute any charge on your payment card or to your Account, then you should contact us at help@Brickapp.se as soon as you become aware of a disputed charge.
7.5 If you disagree with any charges we have made to your account, you must let us know within 10 business days from the day that the disputed charge took place. To resolve any disputed charges, we will need certain information, including the date and place of when and where you rented and returned the Brick Battery, as well as approximate times. As a policy, we do offer refunds if the rented powerbank was broken or otherwise unusable. For refund please contact email@example.com or support in the Brick App.
7.6 In case the required charge cannot be deducted from your card due to insufficient funds, blocked card or otherwise, Brick will send you an invoice by text message, mail and/or email. If such an invoice is not duly paid, we reserve the right to pursue legal action for debt collection.
7.7 In case it is required to return the funds of the collected funds to the customer, in full or partially, regardless of the reason for the return, (Brick Technology AB) shall return the funds exclusively through VISA, EC/MC and Maestro method of payment, which means that the Chip Card/Bank will refund requested amount to the customer’s account, following a request of the Merchant.
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 help@Brickapp.se or call us at +46 8-795 51 11.
OWNERSHIP, INTELLECTUAL PROPERTY AND PRIVACY
12.1 You agree, without limitation, to indemnify and hold Brick and its employees and agents harmless from any liability arising out of or in any way connected to your use of any Brick Battery or the Platform caused by your acts, omissions or negligence.12.2 You agree to indemnify and hold Brick 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 unauthorized 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.
TERMINATION OF THIS AGREEMENT
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.13.2 Termination initiated by Brick. 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 7 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.13.3 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.
COVENANTS AND PROHIBITIONS
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 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 Brick 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 Brick Batteries 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.
ELECTRONIC SIGNATURES AND NOTICES
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
16.1 This Agreement and any dispute arising in relation to it shall be
governed by and construed in accordance with Swedish law and you and
we agree to submit to the exclusive jurisdiction of the Swedish
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.
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.