1.0
INTERPRETATION AND DEFINITIONS

1.1 Clause headings have been inserted for purposes of convenience only and shall not be used in the interpretation of this agreement.

1.2 Unless the context clearly indicates a contrary intention, any reference to –

• one gender shall include the other genders;

• the singular shall include the plural and vice versa.

1.3 The following words shall, unless the context clearly indicates a contrary intention, bear the following meanings –

1.3.1. “Account” means an individual bPOWERd account created by the Customer to access or use the Service;

1.3.2. “App” means the bPOWERd social media App through which the Customer can register, create, or log into an Account to use the Service;

1.3.3. “Battery” means a small (300Wh) or a large (1000W) lithium ion portable battery;

1.3.4. “11plc” means 11 Plc, a company incorporated under the laws of the Federal Republic of Nigeria with registration number RC 904;

1.3.5. “Customer” means the individual, company, or other legal entity, accessing or using the Service;

1.3.6. “Data Subject” means an individual to whom Personal Data relates;

1.3.7. “Personal Information” or “Personal Data” means information relating to a Data Subject;

1.3.8. “NDPA” means Nigeria Data Protection Act, 2023 (NDPA);

1.3.9. “Provider” means 11plc as the Battery rental service provider;

1.3.10. “Service” means the Battery rental service referred to as bPOWERd;

1.3.11. “Service Station” means third-party fuel retail sites within the Federal Republic of Nigeria where the Batteries are located and managed by 11plc for providing the Service;

1.3.12. “Terms and Conditions” means these terms and conditions (together with any annexures hereto) as it may be amended, supplemented, varied or novated in accordance with its terms from time to time;

1.3.13. “Third-Party Service Provider” means any natural or legal entity who processes the data on behalf of 11plc. It refers to third-party companies or individuals employed by 11plc to facilitate the Service, provide the Service on behalf of 11plc, perform services related to the Service, or assist 11plc in analyzing how the Service is used;

2.0
PRIVACY POLICY

2.1 By utilizing the Service, the Customer agrees to the collection, use and processing of Personal Information and 11plc’s Privacy Policy, available at https://11plc.com/privacy-policy/, and all future amendments thereto.

2.2 The Customer consents to provide 11plc with the relevant Personal Information required to access and utilize the Service and further consents to a reputable third party to process the Personal Information for verification purposes only.

3.0
REGISTRATION OF ACCOUNT

3.1 The Customer shall, prior to making use of the Service, register an Account. The Customer may be required to provide information such as identification or contact details. The Customer agrees that any registration information provided will be accurate and up to date.

3.2 The Customer agrees and understands that they are responsible for maintaining the confidentiality of passwords associated with their Account.

4.0
PAYMENTS

4.1 All payments for the Service shall only be made by debit or credit card.
4.2 Cash payments can be accepted at certain physical locations, on a site by site basis.
4.3 All payments must be initiated by the Customer meaning that the Customer agrees prior to payment processing.

5.0
DEPOSIT

5.1 Upon registration of an Account, a deposit amount of NGN [***] is to be paid by the Customer prior to making use of the Service.
5.2 Deposits are fully refundable upon return of Battery in good working condition, provided that all outstanding late fees have been paid.
5.3 Deposits will be refunded in the same method of payment it was originally paid by the customer.
5.4 Deposits are non-transferable and may not be assigned to another individual or Account under any circumstances.

6.0
RENTAL

6.1 Customers may rent Batteries at any Service Station providing the Service.
6.2 The Service is provided at the prices advertised by 11plc.
6.3 Customers who pre-pay but do not pick up the Battery will be charged a rate of one day of usage of that Battery.

7.0
LATE RETURNS

7.1 The Customer is responsible for returning the Battery to a Service Station on or before the agreed return date and time specified at the rental.

7.2 Should a Customer return the Battery after the date agreed upon at rental, a late return fee, equivalent to the daily rental rate, will be automatically charged to the Customer and accumulate for each day the Battery is overdue until returned.

7.3 The Customer shall ensure that the Battery is returned no later than five (5) days after the agreed return date and settle the accumulated late return fees failing which the Service will be suspended and the Customer’s deposit forfeited. Any outstanding and unpaid return fee shall be a debt due and payable by the Customer to 11plc.

7.4 The Customer is responsible for any expenses incurred by 11plc because of the late return.

8.0
LOST OR STOLEN BATTERY

If a Battery is lost or stolen the Customer will forfeit their deposit. The Customer will be liable for the full current replacement cost of the Battery, with the forfeited deposit applied as a credit against this liability.

9.0
DAMAGED BATTERY

If a battery is returned damaged, the Customer will forfeit their deposit. The Customer will be liable for any repair or replacement costs that exceed the deposit amount.

10.0
INDEMNIFICATION

10.1 The Customer acknowledges that the Battery was received in good working condition and will notify 11plc in writing immediately of any issues or defects.

10.2 The Customer is responsible for the proper use and safekeeping of the Battery during the rental period.

10.3 11PLC IS NOT LIABLE FOR ANY DAMAGE, INJURY, OR LOSS ARISING FROM THE USE OF THE BATTERY.

10.4 TO THE FULLEST EXTENT PERMITTED BY LAW, 11PLC IS NOT LIABLE FOR
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, ARISING FROM YOUR NEGLIGENCE AND DEFAULT OR BY ANY ACT OF A THIRD PARTY NOT UNDER THE CONTROL OF 11PLC. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
i. YOUR FAILURE TO PROVIDE 11PLC WITH ACCURATE ACCOUNT INFORMATION; OR
ii. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

10.5 THE LIMITATIONS ON 11PLC’S LIABILITY TO YOU IN PARAGRAPHS 10.3 AND 10.4 ABOVE SHALL APPLY WHETHER OR NOT 11PLC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

10.6 THE CUSTOMER AGREES TO INDEMNIFY AND HOLD 11PLC BLAMELESS FROM ANY CLAIMS, DAMAGES, OR LIABILITIES IN CONNECTION WITH THE CUSTOMER’S USE OR MISUSE OF THE BATTERY.

11.0
DISPUTES

11.1 For disputes related to the transaction or use of the Service, it is the Customer’s responsibility to keep official receipt or records thereof.

11.2 Any claim or disputes relating to the transaction or the use of the Service shall be referred directly to 11plc for resolution.

11.3 Disputes must be lodged within a period of 30 days from the date of the transaction or use of the Service by contacting the 11plc helpdesk at support@bpowerd.com. The Customer must submit original or photocopied receipts, transaction slips and other supporting documents (screenshots of emails, SMS notifications) that 11plc may require. Transaction or use disputes that are more than thirty (30) days from date of transaction or use will no longer be entertained or verified.

11.4 11plc’s records of all matters relating to the Service shall be conclusive and binding on the Customer.

11.5 In the event that 11plc resolves to refund the customer, the refund will be issued using the same method of payment originally used by the customer.

12.0
GENERAL TERMS AND CONDITIONS

12.1 All batteries remain the property of 11plc. The Customer acknowledges and agrees that 11plc owns all legal right, title and interest in and to the Battery and the Service, including any intellectual property rights which subsist in the Battery and the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

12.2 A Battery shall not be tampered with, modified, or disassembled.

12.3 The Customer shall not:
(a) use a Battery for illegal activities or in a way that violates any laws;
(b) use the Service in a manner that is unlawful or fraudulent;
(c) attempt to gain unauthorised access to the Service, or the server on which the Service is stored or any server, computer or database connected to the Service;
(d) engage in any activity that interferes with or disrupts the Service.

12.4 11plc reserves the right to terminate the Service at any time, without prior notice, if the Customer breaches these Terms and Conditions, or if 11plc is no longer providing the Service.

12.5 11plc does not guarantee that the Service will always be available or be uninterrupted. The Customer understands and agrees that the Service is provided ‘as is’ and ‘as available’.

13.0
OTHER CONDITIONS

13.1 Failure of 11plc to enforce the Terms and Conditions does not constitute a waiver of the Terms and Conditions.
13.2 These Terms and Conditions shall be governed by the laws of the Federal Republic of Nigeria.
13.3 11plc reserves the right to update or modify these Terms and Conditions at any time, and the updates shall take effect immediately upon being posted on its website. Continued use of the Service constitutes acceptance of any updates or modifications to these Terms and Conditions as posted on its website.

14.0 AGREEMENT AND ACCEPTANCE
In order to use the Services, you must first agree to these Terms and Conditions. The Customer acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions.