Terms and Conditions of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
These Terms of Use (“Terms”) govern your access to and use of the applications, websites, content, products, and services (the “Services”) made available by FitzPower Ltd (“The Company”, “we”, “our”, or “us”).
By accessing or using the Services, whether through our website or mobile application, you agree to be bound by these Terms, which form a contractual relationship between you and The Company. If you do not agree, please do not access or use the Services.
The Company may amend these Terms at any time by posting updated Terms on our website or app. Your continued use of the Services after such posting constitutes acceptance of the amended Terms.
Our collection and use of personal information is outlined in our Privacy Policy, which forms part of these Terms.
- The Services
The Services provide a technology platform that enables users to locate and rent public portable chargers via our mobile application and website, including payment processing, account management, and related functionalities.
Unless otherwise agreed in writing, the Services are for personal, non-commercial use only.
- License
Subject to compliance with these Terms, The Company grants you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the website and mobile application on your personal device for your use of the Services;
- Access and use related content and materials provided through the Services.
Any rights not expressly granted are reserved by The Company.
- Restrictions
You agree not to:
- Copy, modify, distribute, sell, or lease any part of the Services except as expressly permitted;
- Reverse-engineer, decompile, or attempt to extract source code except where allowed by law;
- Interfere with or disrupt the integrity or performance of the Services;
- Use the Services for unlawful purposes or in violation of applicable laws;
- Create accounts using false information or attempt to gain unauthorized access to accounts, systems, or networks.
- User Accounts
To access most Services, you must create and maintain an account (“Account”). You agree to:
- Provide accurate and up-to-date information;
- Maintain the confidentiality of your login credentials;
- Be responsible for all activities under your Account.
You may not transfer your Account to another person without The Company’s written consent.
- User Conduct
You agree to use the Services lawfully and responsibly. You may not:
- Allow others to use your Account;
- Post or transmit unlawful, defamatory, obscene, or offensive content;
- Infringe third-party intellectual property rights;
- Harass, harm, or endanger others in connection with the Services.
The Company reserves the right to suspend or terminate your Account if you breach these Terms.
- Push Notifications & Communications
By creating an Account, you agree that The Company may send you notifications, SMS messages, or emails regarding your use of the Services, including operational updates, account activity, or promotional offers. You may opt out of non-essential communications, but essential service notifications are required for use of the Services.
- Payments
Use of the Services may result in charges (“Charges”), including rental fees, deposits, and other applicable costs.
- Security Deposit: A preauthorisation fee will be placed on your card at the beginning of the rental. Once the power bank is returned this will be released.
- Payment Method: You authorise The Company to charge your registered payment method (credit/debit card).
- Promotions: The Company may issue promotional codes at its discretion. These maybe subject to additional terms and can be revoked at any time.
- Portable Charger Use
Before using a portable charger, you must inspect it for damage and ensure it is in working condition.
You agree to:
- Use the portable charger safely and responsibly;
- Return the portable charger in the same condition you received it;
- Immediately report theft, defects, or accidents to The Company;
- Be liable for damage, loss, or misuse caused during your rental period.
The rental period begins when the charger is unlocked via the app and ends when it is returned. Additional charges may apply for late returns or unreturned chargers.
- Third-Party Services
The Services may include integrations or links to third-party services (e.g. payment providers, advertising, Apple/ Google app stores). Different terms may apply to those services, and The Company is not responsible for their content, reliability, or performance.
- Intellectual Property
All rights in the Services, including trademarks, logos, content, and software, remain the property of The Company or its licensors. You may not use them without written permission.
- Disclaimer of Warranties
The Services are provided “as is” and “as available”. The Company makes no warranties regarding:
- Uninterrupted or error-free operation of the Services;
- The condition, safety, or suitability of portable chargers;
- Fitness for a particular purpose beyond what is legally required.
Your use of the Services is at your own risk.
- Limitation of Liability
To the maximum extent permitted by law, The Company shall not be liable for:
- Indirect, incidental, punitive, or consequential damages;
- Loss of data, income, or profits;
- Injury or property damage resulting from use of the Services, except where directly caused by The Company’s negligence.
- Indemnification
You agree to indemnify and hold The Company harmless against any claims, losses, or expenses arising from:
- Your use of the Services;
- Your breach of these Terms;
- Any third-party claims related to your actions.
- Termination
The Company may suspend or terminate your access to the Services at any time, without prior notice, for breach of these Terms or misuse of the Services.
You may close your Account at any time, but prepaid credits or unused rental time will not be refunded unless required by law.
- Governing Law & Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the jurisdiction where you reside:
- If you are resident in the Republic of Ireland, these Terms are governed by Irish law and disputes shall be subject to the exclusive jurisdiction of the courts of Ireland.
- If you are resident in Northern Ireland (United Kingdom), these Terms are governed by the laws of Northern Ireland and disputes shall be subject to the exclusive jurisdiction of the courts of Northern Ireland.
Nothing in this section limits your statutory rights as a consumer to bring claims in your local courts.
- Miscellaneous
- If any part of these Terms is found invalid, the remainder will remain enforceable.
- These Terms constitute the entire agreement between you and The Company.
- The Company may assign its rights and obligations under these Terms without restriction.
- Contact Us
For questions, complaints, or support, please contact:
Email: info@fitzpower.com