This User Agreement (hereinafter referred to as “the User Agreement”) shall be an agreement between the “Powerfull” service User (hereinafter referred to as “the User”) and the “Powerfull” LLC, represented by Executive Director David Mzikyan (hereinafter referred to as “the Lessor”). The Parties shall conclude this User Agreement guided by the provisions of Article 437 (Freedom of Contract) and Article 444 (Contract of Adhesion) of the Civil Code of the Republic of Armenia.
1. TERMS AND DEFINITIONS
The following terms shall be used in this User Agreement and/or in Annexes thereto. The terms concerned shall have the belowmentioed certain meanings. Where terms and definitions not prescribed by this section are used in the User Agreement and/or in Annexes thereto, their meaning shall coincide with the terms of the relevant field/scope.
“Station” is a device that provides the acquisition and transfer of power banks, their charging for the User, as well as identifies the set of the User’s power bank;
“User” – is a natural person who meets the requirements of this User Agreement;
“Lessor” – is the owner of the power bank manufacturing plant, who provides charging devices, “Powerfull” LLC, in the person of Davit Mzikyan, Director-General, as well as other entities to whom the rights of the Lessor have been transferred in accordance with the law and/or this User Agreement, including the organisation supplying the Plant (the owner of the charging devices in accordance with the Use Agreement concluded with the Lessor or the Lessee of the Plant in accordance with the Use Agreement concluded with the Lessor);
“Charging device” – is a mobile power bank (battery):for mobile devices (power bank);
“Personal office” is a page in an Application, Station containing the necessary information about the leasing of the Charging device (power bank) for a certain User;
“Login”- is an unrepeatable name, which helps to identify the User after being registered in the personal Office;
“Debt payment” – payment of the User’s activities for the services of the Lessor by accepting the User Agreement and paying to the plants the pledge of availability in accordance with the payment system prescribed by Annex III of this User Agreement;
“Application” – is a system providing the User’s registration envisaged for logging into the Personal Office, searching stations on the map, acquiring power bank from the located Plants, replenishing the account, examining the statistics and receiving the required information while using the charging deviced (mobile portable battery, power bank);
“Payment per hour” (leasing fees) – is the fee paid by the User for leasing (renting) the charging device (portable battery – power bank), which includes fee for leasing the charging device for a minute, half an hour, day; Leasing – is an agreement concluded between the Lessor and the User, according to which the Lessor shall provide to the user a charging device (mobile portable battery – power bank), for its temporary possession and use for fee;
“Registration at the personal office” – is the process of filling in the registration form in the Application by the User by falling into line with the conditions of the User Agreement;
“Site” – is the website of the Lessor in public domain – via the following Internet address:www.powerfull.am;
“Powerfull” service” – is the comprehensive service of the Lessor, which is provided to the registered and authorized users via “Powerfull” Application 24 hours a day, 7 days a week, without days off or holidays. The aim of this service is to search and find charging devices (for temporary possession and use) and carry out leasing of the charging devices.
“Tariffs” – are the tariffs for using “Powerfull” service, prescribed by Annex III to this User Agreement, as well as tariffs presented on the Site and/or Application of “Powerfull”.
2. THE USER’S ACCESSION TO THE USE AGREEMENT
2.1. The User shall independently download (downloading) “Powerfull” Application tool by using AppStore (itunes.apple.com) and/or Google Play (play.google.com) applications in the Internet domain.
2.2. The User shall carry out actions required for registration and power granting in the “Powerfull” Application.
2.3. The conclusion of this User Agreement between the Lessor and the User shall be conducted through the accession of the User to this Lessor and by agreeing with the conditions prescribed in this User Agreement in accordance with the Article 444 of the Civil Code of the Republic of Armenia.
2.4. The User Agreement shall be deemed concluded (the User is considered to be a part f the User Agreement) upon the day the User registers at the “Powerfull” Application (from the date of successful registration). The given action taken by the User shall mandatorily be checked by the Lessor and the User shall accept the conditions of “Powerfull” User Agreement.
2.5. The approvement of the complete and final accession of the User to the conditions of the User Agreement (conclusion of the User Agreement) shall be deemed the end of registration process by the User in the “Powerfull” Application (successful registration). This shall mandatorily be cheked by the Lessor and the User shall accept the conditions of “Powerfull” User Agreement. In the given case the Parties shall equalise the registration activities, the User shall mandatorily accept the conditions of the “Powerfull” User Agreement.
2.6. By signing this User Agreement (joining the User Agreement) the User shall declare, ensure and accertain that he/she:
– knows Armenian and/or Russian and/or English languages to the level sufficient for reading, understanding the meaning and significance of the User Agreement and all the Annexes thereto;
– has read the conditions of the User Agreement and Annexes thereto, realises the meaning and significance of the mentioned documents, agrees with their content and is committeed to implement the requirements prescribed thereby, as well as realises all the consequences of his/her actions related to the accession to the User Agreement and further use of “Powerfull” service;
– after joining this User Agreement, has provided to the Lessor complete, real and reliable personal data;
– meets all the requirements applicable to him/her prescribed by the User Agreement and the Annexes thereto;
– gives his/her consent to the Lessor to process his/her personal data, in accordance with the User Agreement and the current legislation of the Republic of Armenia;
– agrees that the extent of damages the Lessor had suffered in the result of violation of his/her guarantees and obligations by the User prescribed in the User Agreement shall entirely be ascertained by the Lessor and at his/her discretion and that the User unconditionally agrees to compensate the Lessor for such losses.
2.7. While using “Powerfull” service and Charging devices the User shall be obliged to comply with the requirements of the current legislation of the Republic of Armenia, as well as with the conditions of the User Agreement and Annexes thereto, and to use the Charging devices with proper care and diligence.
2.8. Familiarization with the conditions of this User Agreement must be performed by the User prior to the commencement of the use of “Powerfull” service. By the way, the text of this User Agreement shall be available for the User on the Lessor’s site and/or in the “Powerfull” Application. The User who will not familiarize himself/herself with the conditions of the User Agreement on time, shall bear all the risks related to the negative consequences.
3. SUBJECT MATTER OF THE USER AGREEMENT
3.1. The Lessor shall be committed to provide to the User the “Powerfull” service enshrined by the conditions of this User Agreement and the User shall be committed to enjoy the “Powerfull” service and Charging device in accordance with the provisions of the User Agreement and Annexes thereto by implementing the payments and tariffs provided for in this User Agreement completely and in timely manner.
4. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
4.1. The User’s rights:
4.1.1. To demand from the Lessor to carry out his/her obligations prescribed by the User Agreement;
4.1.2. To enjoy the “Powerfull” Service, to use the leased charging device in accordance with conditions of the User Agreement, Annexes thereto and with the current legislation of the Republic of Armenia.
4.2. The User’s responsibilities:
4.2.1. By joining this User Agreement (concluding a User Agreement) to provide to the Lessor an e-mail address and telephone number registered under the User’s name through the methods provided for by this User Agreement and the Annexes thereto;
4.2.2. To acquire the Charging device and use it with care, to strictly comply with the provisions of the User Agreement and the Annexes thereto, to follow the instructions and recommendations defined by the Lessor, including the Support service, to take all the possible measures to prevent the damaging of the Charging device;
4.2.3. To conduct the possession and use of the Charging device on his/her own (only personally). Transferring the charging device to a third person shall be prohibited;
4.2.4. To ensure the safety of the Charging device and its cable in accordance with this User Agreement and the Annex II thereto;
4.2.5. To comply with the safety equipment requirements prescribed by Annex II while using the Charging device;
4.2.6. In a timely manner and in accordance with the conditions of this Agreement to make any payment provided for by the User Agreement and Annexes thereto, and ensure the balance of sufficient funds on the bank card for all the payments provided for by this User Agreement and Annexes thereto;
4.2.7. From the moment of stopping the use of the Charging deviceto return it to the Lessor in proper technical condition, and through the procedure prescribed by this User Agreement;
4.2.8. To take appropriate measures to grant powers and to ensure the protection of and compliance with the confidentiality of information when using the “Powerfull” Application, to avoid unauthorized use by other persons, and to provide relevant information to the Lessor immediately upon detection of such use. Regardless of the fact of the mentioned notification or in case of not providing such information to the Lessor, the User shall bear all the risks of the negative consequences, including the User’s responsibility prescribed by the User Agreement and the Annexes thereof, as well as current law related to granting powers by third parties and using information for “Powerfull” Application;
4.2.9. In case of change of a mobile number or any other data (name, surname, e-mail address) mentioned during the Registration, inform the Lessor thereabout. The User shall bear all the risks of the negative consequences related to the non-availability of such notifications;
4.2.10. To use “Powerfull” Application only for personal non-commercial purposes not related to the User’s business activities;
4.2.11. To supervise on his/her own the changes in the conditions of the User Agreement and the Annexes thereto, as well as the changes in the Site and/or Application;
4.2.12. To not use technologies and to not take such actions that would cause harm to the Site and/or the Application and/or “Powerfull” stations, to the Lessor’s interests and property;
4.2.13. The User shall not have the right to make any improvements/deteriorations in the Charging device, to change any specifications, to install (dismantle) any devices, make repairs (regardless of the degree of complexity) or organize the process of repairing by the third parties where such actions are not agreed upon with the Lessor’s Support service;
4.2.14. The User shall not have the right to manage the Charging device (including subleasing, pledging, selling out, etc.), as well as to transfer to third parties the rights belonging to him/her, enshrined by the User Agreement;
4.2.15. To immediately (where possible) notify the Support service about the damage caused to the Charging device and/or of its loss.
4.2.16. To comply with other provisions of the current legislation of he Republic of Armenia, with the provisions of this User Agreement and the Lessor’s requirements.
4.3. The Lessors’ rights:
4.3.1. To demand from the User to execute the obligations prescribed by the User Agreement;
4.3.2. To make a withdrawal of monetary funds from the User’s bank card for the User’s monetary obligations to the Lessor in accordance with the User Agreement and the Annexes attached thereto, including, in cases provided for by the User Agreement, without adjusting it with the User (without the User’s additional consent);
4.3.3. To establish and amend, at any moment, the procedure for and the rules of using the “Powerfull” service and the Charging devices in compliance with the procedures prescribed by this User Agreement;
4.3.4. To block, wholly or partially, the access to enjoy the “Powerfull” Service in case a doubt arises about the User’s dishonesty (particularly in case of an attempt to stole/rob the Charging device, impossibility to withdraw monetary funds for the services provided or in case of insufficiency of such means, etc.);
4.3.5. To assign his/her rights to collect the debts prescribed by this User Agreement by the User to any third parties in accordance with the current legislation of the Republic of Armenia, but notifying about such assignment to the User;
4.3.6. To have other rights prescribed by the User Agreement, deriving from the nature of obligations enshrined in the User Agreement.
4.4. The Lessor’s responsibilities:
4.4.1. To provide a Charging device to the User, provided hat the User shall make payment for it;
4.4.2. In a timely manner and at his/her own expense perform tests for the purpose of checking the performance of the Charging device.
5. PROCEDURE FOR CALCULATIONS
5.1. The User shall pay remuneration to the Lessor for using the “Powerfull” Service in accordance with the Tariffs. The remuneration shall contain all the taxes and fees prescribed by the legislation.
5.2. The calculation of price for using the “Powerfull” Service at the period of changing the tariffs, shall be conducted in accordance with the conditions prescribed by the “Powerfull” Service and the tariffs current at the moment of starting the provision of the service. During the calculation the Lessor shall have the right to round the final amount up to a round number /AMD/.
5.3. Payments prescribed by the User Agreement shall be made by making a withdrawal of monetary funds from the bank card of the User. The Lessor shall have the right to involve agents (payment systems) into the process of receiving the payments.
5.4. In case the User manages to successfully complete the registration process in the “Powerfull” Application, the User shall attach (enter the data) to the “Powerfull” Service his/her bank card(s) which shall automatically be integrated into the “Powerfull” Service and from which monetary funds shall monthly be withdrawn on the account of the payments prescribed by the User Agreement. Usage of bank cards shall be permitted only by payment systems mentioned on the Site and/or in the “Powerfull” Application with the option of making Internet payments. The possibility to make Internet payments shall ensure for the User to make the payments on his/her own, with the help of the bank issuing the bank card. The Lessor shall withdraw the monetary funds for the payments prescribed by the UserAgreement from the card registered under the User’s name and which the User has mentioned to be his/her main bank card.
5.5. Before each registration of the bank card, as well as each time the User starts using the “Powerfull” Service, it shall be possible to check the positive balance of the User’s bank card, for which not more than 10 (ten) AMD shall be withdrawn.
5.6. Withdrawal of monetary funds from the User’s bank card shall be made by the current tariffs and in the amounts prescribed by the other conditions of the User Agreement. Withdrawal of monetary funds may be made both at the moment of leasing a Charging device by the User and upon the termination of the lease of the Charging device in case the User has violated the conditions (fines) of the User Agreement and in other cases and at moments prescribed by the User Agreement and the Annexes thereto. The Lessor shall – in all the cases – have the right to inform the User about the fact of withdrawal of monetary funds, and the User shall be committed to ensure, on his/her own, the connection of the sms-notification service in order to follow, himself/herself, the mentioned bank outflows committed by the bank issuing the bank card.
5.7. The Lessor shall have the right to withdraw – at any moment – the payments due to him/her from the User’s bank card by the end of the leasing period.
5.8. In case of insufficient monetary funds on the User’s bank card the Lessor shall inform the User thereabout through the “Powerfull” Application. The User shall be obliged to liquidate the accumulated debt during 24 hours from the moment the Lessor has sent a notification about it to the User, ensuring balance sufficient for withdrawal of funds on the bank card. Moreover, before the moment of liquidating the accumulated debt, the Lessor shall have the right to grant the User a status of a debtor and wholly or partially block his/her access to “Powerfull” Service (the Lessor shall inform about it to the User through the method the Lessor finds proper).
5.9. During the use of bank cards for making payments the User may be rejected in cases prescribed by the legislation and this User Agreement, particularly, in case of non-availability of the methods for Internet payments for the given card, in case of insufficient menas on the bank card, entering incorrect data of the bank card, in case the validity period of the bank card has expired, etc.
5.10. In case of insufficient monetary means on the bank card or impossibility for Lessor to withdraw monetary menas from the bank card on other grounds, as well as in case of impossibility to execute obligations, the User shall be committed to make monthly payments for the Charging device and other payments prescribed by this User Agreement in any case upon the moment of termination of leasing the Charging device starting from not later than 3 calendar days.
5.11. In case the User fails to execute the payment obligations envisaged by this User Agreement (also by this section of the User Agreement), the Lessor shall have the right to send relevant information (including the User’s personal data) to authorised bodies to institute administrative proceedings against the User, as well as to the organisations executing confiscation of monetary means.
5.12. In case monetary means are withdrawn from the User’s bank card by mistake, the User shall have the right to apply to the Lessor or to the Support service by phon. The Lessor shall have the right to demand from the User to provide the copies of his/her passport and the documents (statement of account, etc.), which shall prove the withdrawal by mistake. Cash return is not allowed.
6.RESPONSIBILITIES OF THE PARTIES
6.1. The Parties shall be responsible for failure to execute or for improper execution of their obligations provided for in the User Agreement, in accordance with the current legislation of the Republic of Armenia and this User Agreement.
6.2. In case of failure to implement or for improper implementation of conditions of the User Agreement by the User, the User shall be obliged to pay fines in the amount defined in this point.
6.2.1. For any damage caused to the external appearance/design of the Charging device, in case of pasting adhesive stickers to it, the User shall pay a fine amounting to 10.000 (ten thousand) AMD for any damage to the Charging device.
6.2.2. When using the Charging device for business, commercial puposes, when using the Charging device for gaining profit not prescribed (or prohibited) by the User Agreement, the User shall pay a fine amounting to 20 000 (twenty thousand) AMD to the Lessor and compensate for the damage caused to the Lessor (where available). When using the Charging device not for targeted use and/or for other purposes not prescribed (or prohibited) by the User Agreement, the User shall pay a fine amounting to 20 000 (twenty thousand) AMD to the Lessor and compensate for the damage caused to the Lessor (where available).
6.2.3. In case the Users mentions/provides incomplete, unreliable and false data during the registration the User shall pay a fine amounting to 20 000 (twenty thousand) AMD to the Lessor.
6.3. Payment of all the fines prescribed by this User Agreement, as well as making of any other payments prescribed by the conditions of this User Agreement shall be conducted in a anaccepted manner (without obtaining an additional consept of the User) by withdrawing the relevant monetary means from the User’s bank card. In case the User fails to execute or improperly executes the obligations (for example: insufficient monetary menas on the User’s bank card, etc.) mentioned in this point, the User shall pay to the Lessor a fine in the amount of 5000 (five thousand) AMD for each 3 (three) calendar-day period for delay in payment.
6.4. In case the User fails to return the Charging device, the Lessor shall charge a daily fee from the User’s account in the amount prescribed by the tariff plan until the total charged sum amounts to 15.000 AMD. After that the charging of money shall be terminated and the given leasing process shall be considered successfully completed. Where the Lessor faces difficulties in the process of charging the amount because of insufficient monetary means on the Users bank card, the Lessor shall have the right to apply to relevant state authorities to solve the problem in the manner prescribed by law.
6.5 The Lessor shall not bear any responsibility for the property and health of the User and/or any other third parties and damage caused by the User, for any other consequences arisen in the result of using a Charging device wich is out of order or using it in a way not proper for exploitation.
7. DURATION OF THE USER AGREEMENT, PROCEDURE FOR ITS AMENDMENT AND TERMINATION
7.1. The User Agreement shall enter into force from the moment of its conclusion and be valid for indefinite period of time.
7.2. The Parties shall agree that the Lessor shall have the right to make amendments, at any time, in the User Agreement, Annexes thereto concerning the conditions. Amendments to the conditions in the User Agreement, the Annexes attached thereto shall be made by the available edition of the Annexes to the User Agreement or through the creation of a new edition of the User Agreement, Annexes and become mandatory (enter into force) for the Parties. The Lessor shall post any amendments made to the new edition of the User Agreement, Annex or post the User Agreement and Annexes on the Site and/or in the “Powerfull” Application. In case the User does not agree with the amendments, he/she shall have the right to refuse to execute the User Agreement within the time period mentioned below, which shall not release the User from the execution of obligations of the User arisen before the termination of relations prescribed by the User Agreement.
7.3. In case of need to make amendments to the User Agreement and/or Annexes, the Lessor shall inform the User about it through posting relevant information on the Site and/or in the Application, at least 5 (five) calendar days prior to the day such mendments enter into force onless other time period is prescribed by the User Agreement.In case when the User has not refused to execute the User Agreement (no application for termination of the User Agreement has been submitted) prior to the date the amendments made to the User Agreement and/or the Annexes thereto enter into force, the Parties shall deem that the User supports the changes made to the User Agreement and/or the Annexes thereto and agrees with them. The User shall, on his/her own, carry out monitoring of the Site and/or Application concerning the subject matter subject of the conditions of the User Agreement subject to amendments. The risk of non compliance with the given request shall entirely fall on the User.
7.4. The User shall have the right to unilaterally terminate the User Agreement by notifying of it to the Lessor no later than seven calendar days from the date of alleged termination of the Use Agreement. In addition, the User shall be obliged to execute all his/her obligations arising from the User Agreement and to compensate for all the damages incurred during its operation, no later than the date of termination of the User Agreement.
7.5. At the initiative of the User, the termination of the User Agreement shall be carried out by the User in accordance with an application sent to the Lessor, approved by the User’s own signature.
7.6. The Lessor shall have the right to unilaterally refuse to comply with the User Agreement at any time extrajudicially, without explaining the reasons for making such a decision. In that case, at the moment when the notification is sent to the User, the User Agreement shall be considered terminated.
7.7. The User Agreement terminated on any grounds shall continue to be in force, until the non-executed obligations of the parties are completely executed.
8. SETTLEMENT OF DISPUTES AND JURISDICTION
8.1. The Parties shall settle all the disputes and disagreements through negotiations and claim procedure. The deadline for one of the parties to consider and respond to the claim shall be 10 (ten) calendar days.
8.2. In case Partis have not come to an agreement within the time limit mentioned above through negotiations and exchange of objections, the disputes and disagreements shall be sent to a court located where the Lessor is.
9. FINAL PROVISIONS
9.1. Any correspondence, telephone or other negotiations carried out prior the conclusion of the User Agreement shall stand void upon the moment of concluding the User Agreement.
9.2. In cases not regulated by the User Agreement and the Annexes attached thereto the relations between the Lessor and the User shall be regulated by the current legislation of the Republic of Aremenia.
9.3. The Lessor shall have the right to use the facsimile version (by mechanical or other means of copying) of signature of the person authorized by the Lessor in the User Agreement and the Annexes attached thereto. In that case, the Parties shall accept the legality of such documents.
9.4. As this Use Agreement is a mixed contract and contains elements of different types of contracts under the current Civil Code of the Republic of Armenia, norms of relevant types of contracts shall be applied to relevant parts of the Agreement.
9.5. The Lessor shall not be liable for the use of the “Powerfull” Application from the User’s device by third parties, in connection whereof all actions performed from the User’s device shall be considered actions by the User. In case any other person gets access to the functional capability of the Site or the “Powerfull” Application and gets the opportunity to use it on behalf of the User, the User shall immediately notify the Lessor thereof in writing (by e-mail) or contact the Support service.
Otherwise, all actions taken on behalf of the User using the Site or the “Powerfull” Application shall be deemed to have been performed directly by the User.
9.6. The Lessor shall not be liable for the following:
– uninterrupted operation of the Site and/or the Application and/or the “Powerfull” plant;
– lack of errors and/or viruses during the operation of the Site and/or the Application and/or the “Powerfull” plant;
– main channels, data exchange centers for cut off the channels and getting out of order of the server infrastructure;
in terms of calculation centres, as well as channels of regional and local significance;
– interruptions of and difficulties in the operation of the Internet or its separate parts, interruptions of addressing system (DNS), etc.
– unauthorized actions by third parties aimed at causing harm of any type to any of the Parties and are carried out through electronic software and/or hardware facilities or their combination, including data link interruptions or saturation, performance of a server infrastructure, availability of not allowed and confidential information of software complex management (site intrusions, DDOS attacks, disseminationof malicious codes, software/hardware equipment failure, etc.). The User shall agree and confirm that he/she uses the Site and/or the Application and/or the “Powerfull” station exclusively with his/her personal risk factor.
9.7. This User Agreement is made in Armenian, English and Russian. In case of non-compliance of the text in different versions of this User Agreement and/or the Annexes to this User Agreement, the Armenian version shall be the basis. The text of this User Agreement consists of its own text of this User Agreement, as well as the text of all Annexes to this User Agreement. Annexes to the the User Agreement are an integral part of the User Agreement.
9.8. Annexes to the given Use Agreement:
Annnex I – Procedure for registration and for granting a permit
Annnex II – Rules for leasing and use of chargers
Annnex III – Tariffs for using “Powerfull” service
Annnex IV- Personal data processing consent
10. THE LESSOR’S DATA
“Powerfull” LLC – Legal entity
Taxpayer’s Identification Number (TIN) 00212935
Director-General – Davit Mzikyan (father’s name Gevorg)
Legal address: Yerevan 0019, Aygedzor 72 Building, apt. 25
INECOBANK CJSC 20528022147951001
Annexes to the given User Agreement:
Annnex I – Procedure for registration and for granting powers
Annnex II – Rules for leasing and use of chargers
Annnex III – Tariffs for using “Powerfull” service
Annnex IV- Personal data processing consent
ANNEX I TO THE USER AGREEMENT
PROCEDURE FOR REGISTRATION AND FOR GRANTING OF POWERS
1. The User shall independently download (downloading) the “Powerfull” Application on the device by using AppStore (itunes.apple.com) and/or Google Play (play.google.com) applications.
2. Use of the Application and/or Stations shall be possible only if the User has been registered.
3. For Rgistration in the Application by the User, the User shall submit the contact phone number. Inaccuracies (unfaithfulness) in the data shall be a ground for denying the Registration. The Lessor shall automatically generate the mobile phone number mentioned by the User and send a one-time verification code (password) via sms, after entering which the User shall be given the opportunity to perform actions in accordance with Point 4 of this Annex. Subsequently, the mobile phone number mentioned by the User during the Registration shall be considered a valid condition for entering the User’s personal office for permitting the use of the Login in the Application.
4. The User cannot complete the Registration where he/she has not accepted the conditions of the “Powerfull” User Agreement and has not made a relevant note under inscription “I agree with the conditions and accept the User Agreement”.
5. Upon the moment of Registration the User’s registration shall be considered completed (successful), and the User Agreement shall be considered signed by the Parties.
6. The User shall be obliged to keep secret the data with the help of which he/she may enter into the Application on his/her behalf. Where there are grounds to suppose that this information was obtained by a third party, the User shall – using the contact data provided by him/her during the Registration — be obliged to submit a request to the Lessor (refer to the Lessor’s e-mail address or contact the Support service) to block the access to the Personal Office and then receive a new password. The Lessor shall consider the request for blocking access to the private office within 12 (twelve) hours from the moment of sending the request. All risks arising from the non-fulfillment of this obligation by the User shall fall on the User.
7. Upon completion of the registration, all calls made from the mentioned mobile or other telephone number during the Registration of the Support service shall be made by the User at the request of the employee of the Support service, provided that additional data is provided.
ANNEX II TO THE USER AGREEMENT
RULES FOR LEASING AND USE OF CHARGING DEVICES
1. For the purpose of ensuring the provision of the charging device the Lessor shall locate Plants by ensuring the relevant software.
2. The User shall have the right to lease the Charging device after resgistration into personal office in the “Powerfull” Application and connecting to the “Powerfull” Service by his/her bank card (entering the data), which shall automatically be integrated to the service.
3. The payments shall be made in accordance with the tariffs mentioned in Annex III to this Agreement.
4. The transference of the Charging device shall be carried out at the Leassor’s Plants, the location scheme whereof shall be available in the “Powerfull” Application (in case of active Internet connection).
5. Before using the Charging device, the User shall be obliged to get acquainted with this User Agreement, its conditions with the help of the Site and/or the Application.
6. After successfully registering in the personal office, the User may receive the Charging device on lease, the leasing period shall start after 5 minutes upon the moment the Plant provides the harging device to the User. The cost of the lease service shall be mentioned in Annex IIIto this User Agreement, on the Lessor’s Site, in the “Powerfull” Application.
7. The User shall have the right to pay and use the Charging device at any moment of the day. The User shall have the right to use not more than one Charging device simultaneously.
8. After acquiring the Charging device from the Plant, the User shall – within 5 (five) minutes – be obliged to check the technical state of the Charging device and in case of detecting malfunctioning during the operation to return the Charging device to the Plant. Moreover, the User shall have the right to take other Charging device from the Plant. In case the User does not inform the Lessor’s Support service about malfunctioning of the Charging device after 5 (five) minutes upon the moment of receiving it, the device shall be considered suitable for use and the User shall no longer have the right to submit an objection to the Lessor.
9․ The User shall be obliged to use the Charging device in accordance with its intended purpose and not to make any structural and other changes in the Charging device, not to sublease the Charging device to third parties, as well as not to transfer his/her rights enshrined by the User Agreement to third parties.
10. After using the Charging device, the User shall be obliged to return the device to any plant of the “Powerfull” Service in a good working condition relevant to the technical condition it had at the moment of acquiring it.
11. The leasing of the Charging device shall be terminated upon the moment of returning the Charging device to the Lessor’s Plant.
12. In case the User returns the Charging device and the Plant does not indicate the inscription “Thank you for using”, the total price of the Charging device shall be withdrawn from the User. In case the Lessor detects a damage of the Charging device or its malfunction, it shall be possible that the total price of the Charging device is withdrawn from thr User’s card. Moreover, the Charging device shall be considered returned, when after returning it the inscription “Thanks for using it” is posted in the “Powerfull” mobile application. Where the User does not install the Charging device on the Station until the end, and the contacts are not closed, but the inscription “Thank you for using” appears, the Charging device shall be taken back from the User, funds for using the device, as well as the price of the Charging device shall be withdrawn from him/her. Moreover, the time-out definition shall make 15 (fifteen) minutes, during which the connection to the charging device shall be broken.
13. In case of accidental loss of the charging device or accidental damage or harm caused by a third party or the User, as well as theft of the charging device, the User shall immediately notify about it to the Lessor on the Site and/or by phone mentioned in the Application, no more than within two calendar days, submitting the Lessor written explanations about the description of the event.
14. Hereby the Lessor shall inform that improper/non-targeted use of the Charging device may cause danger to the life and health of the User. The User shall recognize and agree that he/she is notified of the security measures for the use of the Charging device specified in this Annex and is responsible for his/her actions on his/her own. The non-targeted use of the Charging device may also result in other risks not specified in this Annex.
15. The Lessor shall not be liable for the suitability of the use of the Charging device in accordance with Point 7 of this Annex for the harm caused to the User.
In case of availability of requirements for the quality of the Charging device, as well as in case of availability of a damage caused in the result of using the Charging device, the User shall have the right to submit claims to the manufacturer of the Charging device. The Lessor shall have the right to provide the contact details of the manufacturer’s representative office producing the Charging device.
Rules for using the charging devices
1. To check the accuracy of the charge indicator while using the Charging device in order to ensure the accurate operation of the Charging device.
2. It shall be necessary to choose a relevant cable on your own during the acquisition and supply of electric energy.
3. Where the indication in volume in completely extinguished when the digital devices are being charged, this shall mean that the battery needs to be charged.
4. When connecting the battery to the digital devices, the digital devices shall, first of all, use electric energy. The User shall not have the right to submit a request to the Lessor on the poor performance of the User’s phone battery.
5. After the digital devices are fully charged, it shall be necessary to unplug the cabe on time in order to avoid the occurrence of malfunctions.
6. Where the device passes onto a safe mode (LED is off) because of a short circuit or other reasons, it shall be necessary to connect the device to the network to return it to a normal working mode.
Safety measures for using the charging device:
The Charging device contains Lithium Polymer battery. The following shall strictly be prohibited:
1. removing the outside film of the Charging device to prevent its damaging and adjacent risks;
2. installing the Charging device;
3. pressing the Charging device;
4. jabbing the Charging device;
5. using the Charging device in water and/or while dealing with other liquids;
6. putting the Charging device into the water;
7. putting the Charging device into the fire;
8. keeping the Charging device in a territory having temperature above + 60°C (140°F);
9. using in food.
III TO THE USER AGREEMENT
TARIFFS FOR USING “POWERFULL” SERVICE
1. Payment per hour (standard tariff) shall include:
– leasing of the charging device for every minute, half an hour, day of providing the charging device,
The leasing payment shall amount to 0 AMD for the first 5 minutes of leasing the charging device, then 149.99 AMD for 30 minutes (standard tariff), after which the payment shall maount to 4.99 AMD for each minute (payment per minute) and after 2 hours it shall turn to 599 AMD for a day (payment per day).
In case the User has faild to return/has damaged the Charging device or in case it was the User’s fault that the Charging device got out of order, the Lessor shall heve the right to withdraw the total price of the Charging device from the User’s card with no preconditions.
The total price of the Charging device is 15.000 AMD.
ANNEX IV TO THE USER AGREEMENT
PERSONAL DATA PROCESSING CONSENT
The User shall give his/her consent to the Lessor to process his/her personal data, as well as the personal data provided by any third party, such as name, surname, birth date, including address of registration and residence, contact data, including phone number, e-mail address, biometric data (photos), as well as other data concerning the concusion and implementation of the User Agreement and shall confirm that by giving such consent he/she acts of his/her own free will and for his/her own benefit.
The consent to the processing of personal data shall be given by the User for the purpose of concluding and implementing the User Agreement, providing additional services by the Lessor, participating in sales promotions, surveys, researches (including, but not limited to, surveys, researches conducted through electronic communication means, telephone and mobile network) conducted by the Lessor, for the purpose of taking decisions or carrying out other actions that cause legal consequences against the User or other persons, to provide the User with information on the services provided by the Lessor by providing consulting services by the Lessor, including for the purpose of concluding contracts/agreements with other entities by the Users and refers to all the information included within this Annex.
3. The processing of personal data of the User shall be carried out to the extent necessary for achieving each of the abovementioned objectives through the following possible methods: collection, recording (including via electronic media), coordination, accumulation, storage, settling lists, marking, adjustment (update, change), deletion, useage, transfer (dissemination, provision, access), depersonalisation, personal data collection, blocking, deletion, cross-border transfer, personal data transfer, image acquisition through photography, as well as implementing any other activities related to the User’s personal data, in accordance with the current legislation of the Republic of Armenia. Processing shall be carried out both with and without using automation tools.
4. The User shall confirm that the consent to the processing of personal data he/she has provided is valid indefinitely upon the moment the User provided it to the Lessor.
5. The User shall have the right to cancel the consent given for processing the personal data by sending a written notification to the Lessor at least 30 (thirty) days before the moment of cancellation of the consent.
6. The User shall recognise and confirm that, in case of need to provide personal data to third parties (including authorised state bodies) in order to achieve the abovementioned goals, as well as in case of involvement of third parties in the performance of activities (provision of services) provided by the user agreement, and where the Lessor transfers (concedes, as well as for discussing the possibility to concede and for conceding, for taking a decision on debt collection) the functions and powers he/she enjoys to another entity, the Lessor shall – without obtaining an additional consent from the User – have the right – to the extend necessary for the implementation of the abovementioned activities – to disclose the information, personally (including personal data) to such third parties, their agents and other persons authorized by them, as well as to sumbit to these entities relevant documents containing such information, complying with the requirements of the legislation of the Republic of Armenia.
7. The User shall recognise and confirm that the consent to process the User’s personal data is given by him/her to any third party taking into account the relevant changes, and any such third party shall have the right to process the personal data according to this Agreement.
8. The User shall recognise and confirm that in case the Lessor considers the issues concerning the assignment of rights prescribed by the User Agreement concluded with the User, the consent to provide his/her personal data to third parties mentioned in the User Agreement, the potential cessionary, shall be submitted to the Lessor by the User for solving the issue of concluding Cession User Agreement with the Lessor.
In case of assigning the rights of this User Agreement the Lessor shall have the right not to notify the User of it. According to this Annex the User agrees not to receive any notification about the assignment made by the Lessor.
9. The User shall give his/her consent to receive information containing advertisements of goods and services sold by the Lessor and/or his/her colleagues and/or other third parties to his/her e-mail and telephone number (including WhatsApp, Viber, Telegram, etc.) which the User had mentioned during Registration, as well as to other e-mail addresses and mobile phone numbers (including WhatsApp, Viber, Telegram, etc. attached thereto), which the User had provided to the Lessor in accordance with this Annex. In case when the User applies to the Lessor with a request to terminate sending advertising messages to his/her address, the Lessor shall be obliged to immediately terminate the process of sending such messages to the User.
10. The User shall give his/her consent to withdraw monetary means from his/her bank card for meeting any payment envisaged by this Annex, for meeting payments by the Lessor or an agent (a payment system) appointed by him/her, without an accepted procedure, without an additional consent of the User. Thus, the following shall be withdrawn: remunarations, fines, penalties, compensations for damages, expenses and contributions for the provision of “Powerfull” service by the Lessor, having arisen in the result of failure to implement or for improper fulfillment of the User Agreement, from additional amounts of insurance payments, franchise amounts, other amounts in cases prescribed by the current legislation of the Republic of Armenia and the User Agreement.
11. The User shall give his/her consent to the Lessor to permit the Support service to record the User’s contacts (conversations) and to provide such recordings to third parties.