This Term of Use Agreement (“Agreement”) governs your use of the portable powerbank (“Chrgr”) made available by Chrgr (the “Company”). The payment to use a Chrgr product and service constitutes your acceptance of the terms of this Agreement. The Company reserves the right to change or modify this Agreement or other policies related to the use of the Chrgr product or service, at any time by posting revisions at http://www.chrgr.co.
User hereby purchase a portable powerbank from a Chrgr service venue partner. As a user you may purchase the powerbank for the price established by Chrgr and service venue partner. Together with one fully charged portable powerbank you will receive complimentary cables.
User agrees that the Chrgr powerbank may be only used to charge mobile devices such as cellphones and tablets. Chrgr will fully power most type of mobile devices in 2½ - 3 hours however; user understand it is his/her responsibility to verify compatibility of the Chrgr powerbank. Furthermore the user recognizes that charging amounts and times vary depending on the type of mobile device, its battery condition, usage and intensity during the charging time. The user accepts to have had a full, complete and comprehensive evaluation of the Chrgr powerbank functionality, features and usage; and that the user has had the fullest opportunity to ascertain its suitability, including but not limited to its features, usage and compatibility. The user represents that he/she will exercise due care in the use, operation, and maintenance of the Chrgr powerbank and will not use, operate, or maintain the Chrgr powerbank or any of its parts improperly, carelessly, in violation of any applicable law, in any manner which in any way could damage or harm other people, the Company or for a purpose or in a manner contrary to that contemplated by this Agreement.
The Chrgr powerbank is provided on “AS IS” and “AS AVAILABLE” with no warranties. The Company hereby disclaims all warranties, terms, or conditions expressed or implied, either in fact or by operation of law, statutory or otherwise; including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. Accordingly, the user acknowledges and agrees that the Company will have no liability in connection with, or arising from your use of the Chrgr powerbank and/or any of the services. The user’s only right or remedy with respect to any problems or dissatisfaction with the Chrgr powerbank, and/or any of the services is to immediately request a Chrgr powerbank replacement. The Company will evaluate the use case and respond accordingly regarding the furnishing of a replacement product; however The Company is not required or obliged to make any refund of purchase price. User further acknowledges that the Company has no obligation to furnish support services.
Limitation of Liability
To the extent not prohibited by law, in no event shall The Company be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to, your use or inability to use the Chrgr powerbank, however caused, regardless of the theory of liability (contract, tort or otherwise).
Payment to use a Chrgr product and service constitutes your acceptance that you hereby agree to indemnify, defend and hold harmless, The Company, its partners, and their respective affiliates, officers, directors, employees, contractors and suppliers from and against any and all claims, actions, liability, damages and costs, including reasonable attorneys’ fees incurred by such parties, in connection with, or arising out of your violation or breach of any term of use or any applicable law or regulation, whether or not referenced herein, or your use or misuse of the Chrgr powerbank and/or any of the Chrgr services.
User represents to have full power, capacity and authority to accept these Terms. This Agreement constitutes the full and entire understanding and agreement among the parties with regard to the subjects hereof and thereof and supersedes all prior agreements and understandings relating thereto. This Agreement shall be governed by and construed in accordance with the laws of the States of California, Pennsylvania, New York. In the event that the applicable law is subsequently amended or interpreted in such a way to make valid any provision of the Agreement that was formerly invalid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. The Company may freely assign, pledge or transfer this Agreement or any interest herein, and the user may only assign with prior written consent from the Company.