INTERPRETATION AND DEFINITIONS

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1. clause headings have been inserted for purposes of convenience only and shall not be used in the interpretation of this agreement.
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2. unless the context clearly indicates a contrary intention, any reference to –  

2.1. one gender shall include the other genders; 

2.2. a natural person;  

2.3. the singular shall include the plural and vice versa.  

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

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

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; 

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

3.4. “bp” means bp Southern Africa proprietary limited, an entity incorporated in accordance with the laws of the Republic of South Africa, with registration number 1924/002/602/07; 

3.5. “Personal Information” means information relating to an identifiable, living, natural person as defined in POPIA; 

3.6. “POPIA” means the Protection of Personal Information Act, 4 of 2013; 

3.7. “Provider” means bp as the Battery rental service provider;  

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

3.9.  “Service Station” means a bp Service Station within the Republic of South Africa providing the Service;  

3.10. “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;  

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

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

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PRIVACY POLICY

1. By utilizing the Service, the Customer agrees to the processing of Personal Information and Privacy Policy1 , and all its amendments thereto.  
2. The Customer consents to provide bp 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.  

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REGISTRATION OF ACCOUNT

1. The Customer shall prior to making use of the Service register an Account.

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PAYMENTS

1. All payments for the Service shall only be made by debit or credit card.  
2. Cash payments can be taken at will and is site by site basis. 
3. All payments are Customer initiated payments meaning that the Customer agrees prior to payment processing.  

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DEPOSIT

1. Upon registration of an Account, a deposit amount of R [375] is to be paid prior to making use of the Service.  
2. Deposits are fully refundable upon return of battery in good working condition, and all outstanding late fees are paid.  
3. Deposits will be refunded in the method of payment it was paid.

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RENTAL

1. Customers may rent Batteries at a Service Station proving the Service.  
2. The service is provided at the prices advertised by bp.  
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.

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LATE RETURNS

1. The Customer is responsible for returning the Battery at a Service Station on or before the date and time agreed upon at rental.  
2. Should a Customer return the Battery after the date agreed upon at rental. Late return fees are the same as the rental price and will be charged per day.  
3. A late return fee will accumulate on each additional day until the battery is returned.  
4. Failure to pay the accumulated late return fees will result in suspension from the service and forfeiture of deposit .  
5. The Customer is responsible for any expenses incurred because of the late return.
     

LOST OR STOLEN BATTERY

1. If a Battery is lost or stolen the Customer will forfeit their deposit.

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DAMAGED BATTERY

1. If a battery is returned damaged, the Customer will forfeit their deposit.

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INDEMNIFICATION

1. The Customer acknowledges that the Battery was received in good working condition and will notify bp of any issues or defects.  
2. The Customer is responsible for the proper use and safekeeping of the Battery.  
3. bp is not liable for any damage, injury, or loss incurred arising from the use of the Battery.   
4. The Customer indemnifies and hold bp blameless from any claims, damages, or liabilities in connection with the use or misuse of the Battery.  

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DISPUTES

1. For disputes related to the transaction or use, it is the Customer’s responsibility to keep official receipt or records thereof.  
2. Any claim or disputes relating to the transaction or the use shall be referred directly to bp for a decision. 
3. Disputes must be lodged within a period of 30 days from the transaction or use by contacting the bp helpdesk at support@bpowerd.com. The Customer must submit original or photocopied receipts or transaction slips and other supporting documents (screenshots of emails, SMS notifications) that bp 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.  
4. bp’s decision shall be final and binding on the Customer and bp’s records of all matters relating to the Service shall be conclusive and binding on the Customer. bp’s decision to resolve the dispute shall be final and binding on the customer.   
5. In the event that bp resolves the refund the customer, the refund will be issued on the method of payment it was paid.  

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GENERAL TERMS AND CONDITIONS

1. A Battery is the property of bp.  
2. A Battery shall not be tampered with, modified, or disassembled.  
3. The Customer shall not use a Battery for illegal activities or in a way that violates any laws.  
4. bp reserves the right to terminate the Service at any time without prior notice if the Customer breaches these Terms and Conditions.  

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OTHER CONDITIONS  

1. Failure of bp to enforce the Terms and Conditions does not constitute a waiver of the Terms and Conditions. 
2. These Terms and Conditions shall be governed by the laws of South Africa.  
3. bp reserves the right to update or modify these Terms and Conditions at any time, and the updates shall immediately be applicable from the date of posting on this website.  

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AGREEMENT AND ACCEPTANCE

The parties hereto accept the terms and conditions contained herein, and agree to be bound by them, and these Terms and/or Agreement is executed below by duly authorized representatives of the parties as witnesses.