Back This agreement creates binding legal obligations on you. If you do not agree to any of the terms of this agreement, please do not access the platforms, use any of the services offered through the platforms, or register an account for such services.
1.1 These terms and conditions constitute the agreement (“Agreement”) between you (“User”) and EMCC Technologies, Inc and its subsidiaries (“we,” “us,” or “EMCC”) regarding your use of our EMCC portable charger sharing service (“Service”) and HeyCharge services. This Agreement applies to our websites https://www.emcctech.com and https://heycharge.global (“Websites”) and the EMCC and HeyCharge applications for mobile devices (“EMCC App” and “HeyCharge App”), which operate on systems such as iOS, Android, and/or Windows Mobile (collectively called the “Platform”).
1.2 Your use of the Service is subject to this Agreement, our privacy policy (“Privacy Policy”), and portable charger usage rules (“Usage Policy”), which are located on the Platform. You agree to accept our Usage Policy and Privacy Policy, which constitute integral parts of this Agreement.
1.3 We reserve the right to modify the terms of this Agreement at any time. Such changes will become effective when we post the modified Agreement on the Platform. Each time you use the Platform or the Service, the then-current version of this Agreement will apply. If you use the Platform or the Service after a modification of this Agreement, you agree to be bound by the terms of this current version of the Agreement as modified.
1.4 This Agreement contains important information regarding your rights with respect to the Platform and the Service, including your relationship with us. Please read this Agreement carefully, and review this Agreement regularly.
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 procedures to become a registered user on the Platform. You acknowledge and agree that the information you provide during the user registration process for either EMCC or HeyCharge 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 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 passwords for both EMCC and HeyCharge services. 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 EMCC portable chargers (“EMCC Batteries”), returning EMCC Batteries, releasing information, disclosing information, and 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 any 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:
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 the 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 information to any other party.
5.1 Using EMCC and HeyCharge Batteries:
5.1.1. After registration, users must add payment details to the app. By clicking “scan a kiosk” in the App, users can scan the QR code on the kiosk and the battery will be released.
5.1.2. Before you use an EMCC 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 EMCC of any problem or issue with the battery via the EMCC App or customer service email: help@emcctech.com. Subject to this Agreement, if you proceed to use an EMCC 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 EMCC 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 EMCC battery. 5.1.4. You must use the EMCC 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 EMCC battery, removing the cable, or any other conduct that prevents the use of the EMCC battery by others.
5.1.5. You must return the EMCC battery in the same condition in which it was rented. If the EMCC 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.
5.1.6. You may not hire out an EMCC battery to anyone else, nor may you use an EMCC battery for conducting any business activity.
5.1.7. After each use of an EMCC battery, you can end the rental period either by returning the battery to a kiosk (the rental period ends automatically in the App), ending the fee meter, and paying the relevant fees.
5.1.8. The data generated by the Platform is conclusive evidence of the period of your use of an EMCC battery. Your use of any EMCC 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 EMCC battery, and your Account may be charged the full amount of your initial pre-authorized amount.
5.1.9. In addition to, and not intended to limit, any other restrictions in connection with your use of an EMCC Battery, you may not:
5.1.9.1. Modify, dismantle, write on, attach accessories to, or otherwise alter or deface an EMCC Battery or any part of an EMCC Battery in any way, or use an EMCC Battery for any advertising or similar commercial purpose;
5.1.9.2. Allow others to use an EMCC Battery that you have checked out.
5.1.9.3. In connection with your use of any EMCC Battery and the Platform, you represent and warrant, as of each time immediately before using any EMCC Battery, that:
5.1.9.3.1. you acknowledge that EMCC does not guarantee that any EMCC Battery will be available at the time and in the place you wish to use one, especially at times of high demand;
5.1.9.3.2. you acknowledge that EMCC 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 user's vicinity are full of batteries. If this does occur, please contact support via the app.
5.1.9.3.3. EMCC provides EMCC 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 an EMCC Battery on their own and who have agreed to all of the terms of this Agreement.
6.1 The price for the use of service varies between venues. The most recent and up-to-date pricing is always available in the EMCC App or displayed on the rental kiosk.
7.1 The charges for the use of the Service are as displayed on the EMCC Rental Kiosk and in the EMCC App from time to time.
7.2 If you have received a coupon/promo code for EMCC 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:
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@emcctech.com 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 EMCC Battery, as well as approximate times. As a policy, we do offer refunds if the rented portable charger was broken or otherwise unusable. For refunds, please contact help@emcctech.com or support in the EMCC App.
7.6 In case the required charge cannot be deducted from your card due to insufficient funds, blocked card, or otherwise, EMCC 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, EMCC Technology AB shall return the funds exclusively through VISA, EC/MC, and Maestro methods of payment, which means that the Chip Card/Bank will refund the 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@emcctech.com or call us at 1-215-824-8220.
9.1 Your agreeing to this Agreement and becoming a User only entitles you to the Service in accordance with the terms and conditions set out in this Agreement. There is no other authorization, cooperation, partnership, or agency between you and us.
9.2 You acknowledge that all intellectual property rights in and to the Platform (including copyright, trademarks, trade names, logos, source, and object codes) and relevant proprietary confidential information in the Platform is and shall remain the exclusive property of us or our licensors, and nothing in this Agreement shall operate to transfer any intellectual property rights in and to the Platform or any other intellectual property rights owned by us or our licensors to you. You acknowledge and agree that, without the express written authorization of the owner of such intellectual property rights, you may not use, modify, rent, let, sell, transmit, or otherwise violate the above intellectual property rights (such as reverse engineering, decompiling).
9.3 The name and logos of EMCC are trademarks and trade names of ours and may not be duplicated, imitated, or used in whole or in part without our prior written approval. In addition, you acknowledge and agree that all pages, text, graphics, images, button icons, and scripts on the Platform are owned by us, and you shall not, or cause any third party to, duplicate, imitate, or use them in whole or in part without our prior written approval.
9.4 We grant you a limited, royalty-free, non-exclusive, personal, revocable, and non-transferable license to download and use the EMCC App for your own personal, non-commercial purposes, subject to your compliance with this Agreement. You may use the EMCC App and our Service only as permitted by this Agreement.
9.5 You are fully and solely responsible for all content, texts, and images that you upload, post, transmit, or share on the Platform (“User Content”). You may not upload, post, transmit, share, or provide any User Content on the Platform that you did not create or that you do not have permission to upload, post, transmit, or provide. You represent that you own or have sufficient other legal rights to any and all of your User Content. You agree to only provide User Content that is not in violation of any applicable law and does not infringe any third party’s rights (e.g., not in violation of any applicable intellectual property law or in breach of any agreement). Otherwise, you will be solely responsible for all related liabilities. At any time and from time to time, and without your consent, we may review the Platform and delete, remove, or restrict any access to or viewing of any User Content, in our sole discretion and without any notice or cause. When you upload, post, transmit, share, or provide User Content on the Platform, you automatically authorize us to make such copies thereof as we may deem, in our sole discretion, necessary or appropriate. By uploading, posting, transmitting, sharing, or providing User Content on the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right and license to use, copy, publicly perform, publicly display, sublicense, reformat, translate, excerpt, distribute, modify, prepare derivative works of, or incorporate into other works any User Content for any purpose (commercial, advertising, or otherwise).
9.6 You agree that we may access, store, and use any information that you provide so long as we comply with the terms of the Privacy Policy and your privacy settings. During the applicable copyright protection period, you hereby grant us and our affiliates a royalty-free license to use such information by means that include storage, usage, duplication, revision, editing, publication, exhibition, translation, and dissemination, or include such information in other works using mediums currently known or to be developed in the future. Such use license shall be global, non-exclusive, transferable, and sub-licensable and permit the use without the consent of you or any other person or the need to notify you or any other person, so long as the following conditions are met:
9.7 Statement on the protection and collection of users’ personal data. On behalf of EMCC, we undertake to safeguard the privacy of all our customers. We collect only required, basic data on customers/users and the data needed for operations and informing customers in accordance with good business practice and to provide good quality service. We enable our customers to opt if they want or not to be removed from the mailing list used for the purpose of marketing campaigns. All the data on the users/customers are kept strictly confidential and are available only to employees that find these data necessary for operations. All EMCC employees and business partners are responsible for observing the principles of privacy protection.
9.8 Description of the manner of protection of transaction confidential data. When typing in the payment card data, confidential information is transmitted by means of the public network in the protected (cryptic) form using the SSL protocol and PKI system, currently the most up-to-date technology. The security of data when making a purchase is guaranteed by the payment card processor, Chip Card ad Belgrade. Thus, the complete process of collection is performed on the Chip Card’s site. The data on the payment card are at no moment available to our system.
10.1 You agree, without limitation, to indemnify and hold EMCC and its employees and agents harmless from any liability arising out of or in any way connected to your use of any EMCC Battery or the Platform caused by your acts, omissions, or negligence.
10.2 You agree to indemnify and hold EMCC 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.
10.3 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.
11.1 User Termination. You may terminate this Agreement in any of the following ways:
11.2 Termination initiated by EMCC. We may terminate this Agreement in any of the following ways:
11.3 Settlement after Termination
12.1 Covenants. You shall ensure that your conduct is in compliance with the following requirements when you access or use the Service:
12.2 Prohibitions. You covenant that you will not use the Platform to conduct any illegal activity or any of the following acts:
12.3 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 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 authorization, commit any prohibited act, or publicize or disseminate any prohibited information, you will be solely responsible for all related liabilities and risks.
13.1 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.
13.2 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 messages on the Platform in accordance with our Privacy Policy.
14.1 This Agreement and any dispute arising in relation to it shall be governed by and construed in accordance with the laws of the State of Delaware, and you and we agree to submit to the exclusive jurisdiction of the courts of Delaware.
15.1 We shall undertake basic security obligations in accordance with the 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 systems, 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. Neither EMCC nor you will be responsible for damages or delays or failures in performance resulting from acts or occurrences beyond their reasonable control, such as natural disasters, power surge or failure caused by weather or third parties, war, revolution, or the acts or omissions of common carriers.
16.1 This Agreement (including but not limited to the Privacy Policy, 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.
16.2 We may assign, transfer, delegate, or otherwise sub-contract our rights under the terms of this Agreement in our sole discretion.
16.3 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).
16.4 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.
16.5 Updates to Terms. Because the Services change often, we reserve the right to modify or amend these Terms from time to time without notice other than updating the “Last Updated” date above, but we may notify you of material changes. Using the Services on or after the “Last Updated” date constitutes your acceptance of the current Terms. Unless we provide you with specific notice via the App, your contact email, or phone number, no changes to the Rentals and Payments provisions of our Terms will apply retroactively.
16.6 Interpretation. These Terms constitute the entire understanding and agreement between you and EMCC with respect to the subject matter herein. Headings are references, and in no way define, limit, construe or describe the scope or extent of any provision. Any words following the terms “including,” “include,” “in particular,” “for example”, “such as” or any similar expression are illustrative, non-exhaustive and do not limit the sense of the words, description, definition, phrase or term preceding those terms.
16.7 Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision ceases to apply and the remaining provisions remain valid. These Terms and any incorporated agreements may be automatically assigned by EMCC in our sole discretion.
16.8 Waiver. EMCC’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive this agreement will survive any termination or expiration of these Terms.
All design, graphics, text selections, arrangements, and all software are Copyright © 2023, EMCC Technologies, Inc. and/or its licensors. ALL RIGHTS RESERVED.
You may contact us regarding the Services or these Terms at info@emcctech.com.
