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TERMS OF SERVICE
Last Update: May 3, 2020
- Description. Our Service is a phone charging network open to anyone who buys a device, connects it to their account and places it in a place of business like a bar or a restaurant. Users can rent a device via our Service for an hourly fee or a subscription. Our Service has a wallet to load money into for the hourly option. If the wallet goes to zero during rental, you have to return the device within 3 hours or be charged a $35 fee and you can keep the battery. With the subscription option, you must return within 72 hours or be charged a $35 fee and keep the battery. The manufacturer of the devices and chargers offers a 1 year limited warranty.
- Neutral Venue. Our Service is a neutral venue. WE SHALL NOT BE HELD LIABLE FOR USERS’ DATA, TRANSACTIONS, INTERACTIONS AND INFORMATION.We are not liable for the consequences of you disclosing your personal information to others.
- DO NOT USE THE SERVICE IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.
- Third Parties. The Service contains references to third party websites and relies on third party services for support. We shall not be liable for any third parties and cannot guarantee their performance. We do not monitor all content submitted to the Service. We shall not be liable for user submissions or any third party content on the Service.
- DEVICE OWNERS’ RESPONSIBILITIES
This Section applies only to those who purchased a device from us. By buying a device, you agree that:
- It is your responsibility to take care of it and get a SIM card for the device to work within the network.
- This purchase is non-refundable.
- We take a percentage of the rental revenue, which covers the payment processing and payoutprocessing.
- BATTERIES AND PAYMENT
- Check Out & Return. After registration, enable Bluetooth on your phone, scan the QR code on the station and the battery will be automatically released. You must return the 2Go Charger battery in the same condition in which it was rented. You will be responsible for all damage beyond reasonable wear and tear.
- Balance. The charges for the use of the Service are as displayed on the 2Go Charger App. You may link your payment method on the 2Go Charger App to allow us to automatically deduct all amounts due.
- No Refunds. You cannot withdraw money from your account under any circumstances. There will be no refunds unless we or the payment processor had committed an error. Please contact us to dispute any charge as soon as you become aware.
- INTELLECTUAL PROPERTY
- Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Service contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. By using our Service you do not acquire any of our IP rights. Nevertheless, you can view and print out this Service’s content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.
- Your Submissions. If you submit any content to our Service, you state that: (i) you have all necessary rights to that content, and (ii) we can display, transmit, modify and distribute this content without compensation to you. We can use and implement any feedback that you voluntarily provide, without compensation to you.
- Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Service and we will investigate. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Service if such claims are reported to firstname.lastname@example.org. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
- Identify the copyrighted work that you claim has been infringed.
- Identify the material or link you claim is infringing.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of your report:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
- “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- ACCEPTABLE USE POLICY
By visiting this Service, you represent and agree that:
- You have a full capacity to enter into a legally binding agreement, such as these Terms.
- If purchasing anything, you are responsible for ensuring your payment method is valid. You will pay as agreed using only payment methods which you are authorized to use. You will not use false identity.
- You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
- If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
- You will not use our Service in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone's private information without consent, pyramid schemes, multilevel-marketing, "get rich quick" offerings, encouragement of violence.
- You will ask for our permission before copying anything from our Service for republication.
- You will not use our Service for anything illegal.
- We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
- Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Service.
- You will not impede the proper functioning of the Service.
You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
- BREACH OF THESE TERMS
If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Service; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.
- DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- EVERYTHING WE PROVIDE ON THIS SERVICE IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS SERVICE.WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
- WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The place of arbitration shall be Charlotte, North Carolina. The arbitration shall be governed by the laws of the State of North Carolina. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the Service, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial.
- APP STORES
- Apple. By downloading the Service from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
- Apple is not a party to these Terms. Apple is not responsible for the Service or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Service.
- The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Service on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
- In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
- Apple is not responsible for addressing any claims by you or a third party relating to the Service or your possession or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Service or your possession and use of the Service infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
- Google Play. By downloading the Service from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
- to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Service that you download from Google Play, and
- you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms or the Google Play Terms.
- Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
- Relationship of the Parties.You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
- Hyperlinks. Linking to our Service is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
- Severability.If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
- Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
- Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
- Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.
1. Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to 2GO CHARGER. We may change the design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the 2GO CHARGER. You must ensure that each of the links between your site and the 2GO CHARGERproperly utilizes such special link formats. Links to the 2GO CHARGERplaced on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to sales on a 2GO CHARGERproduct occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
2. Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to http://2gocharger.comand complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you've earned more than $20in affiliate income. If your affiliate account never crosses the $20threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20threshold.
3. Identifying yourself as a 2GO CHARGER Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of 2GO CHARGERor express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
4. Payment schedule
As long as your current affiliate earning are over $20, you'll be paid each month. If you haven't earned $20since your last payment, we'll pay you the following month after you've crossed the threshold.
5. Customer definition
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
6. Your responsibilities
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment
- Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal