Terms and Conditions

BPOWERD BATTERY RENTAL TERMS AND CONDITIONS

In these bPOWERd Battery Rental Terms and Conditions (the “Terms”), references to ‘we’, ‘us’ or ‘our’ means bp Southern Africa (Pty) Ltd (“bp”), and references to ‘you’ or ‘your’ means you, the end user of the bPOWERd portable Battery (as defined in section ABOUT THE BATTERY) rental services.

These Terms and/or Agreement govern use of the Service (as defined in section THE SERVICE below). Please read these Terms carefully before entering into this agreement (the “Agreement”), and using the Service.

You should also read our Privacy Policy which explains how we use your personal information. You can find our Privacy Policy on our website which you can access at www.bpowerd.com

1. INFORMATION ABOUT US

(a) bp is a company registered in Gauteng, South Africa, with registered address at, 199 Oxford Road, Dunkeld, Johannesburg, South Africa. Our VAT number is 4430105454.

(b) You can find further information about us and the Service (as defined in section THE SERVICE), on our website which you can access at www.bpowerd.com.

2. ABOUT THE BATTERY

(a) South Africans are entering their 15th year of regular loadshedding, with some citizens experiencing this multiple times a day.

(b) bp has developed a product that combines software technology innovations with distributed power generation, and portable rental batteries (as defined below) to curb the effect of loadshedding.

(i) 300Wh; and

(ii) 1000Wh

(hereinafter individually and/or jointly referred to as the “Battery” or “Batteries” as the case may be).

3. CONTRACT BETWEEN YOU AND US

(a) These Terms and/or Agreement govern your use of the Service (as defined in section THE SERVICE below). You must read these Terms and/or Agreement in full before entering into these Terms and/or Agreement, registering an account and/or using the Service.

(b) A legally binding agreement, incorporating these Terms and/or Agreement, will be formed when you register to use the Service, and sign the Registration Form in accordance with section REGISTERING AND CLOSING AN ACCOUNT or otherwise use the Service in any way. Each time you rent a Battery from us, these Terms and/or Agreement govern your rental and use of the Battery.

4. THE SERVICE

(a) We offer a portable Battery rental service (the “Service”).

(b) As part of the Service, we will provide you with a portable Battery for your use during the Rental Period (as defined in section RENTAL AND RETURN below).

(c) As set out in section RENTAL AND RETURN, you will collect the Battery from one of our designated bPOWERd rental premises (“Sites”) and return the Battery to the same site (the “Rental Site”). We do not offer any form of delivery or collection services, as part of the Service.

(d) The Battery will be fully charged upon provision to you at the start of the Rental Period (as defined in RENTAL AND RETURN below). We will not, however, re-charge the portable Battery as part of the Service. In the event that you require a re-charged Battery after the Rental Period, you will have to extend or enter into a further agreement.

(e) During the Rental Period, if you have technical issues with the Battery, you can contact our support team via email at support@bpowerd.com. The support team’s operating hours are [9 AM] to [5 PM] [Monday] to [Friday].

5. RENTAL CONDITIONS

(a) In order to be eligible to use the Service, you must:

(i) register an account with us. For registering an account, see section REGISTERING AND

CLOSING AN ACCOUNT

(ii) be eighteen (18) years of age or older;

(iii) be a resident or citizen of South Africa;

(iv) not be excluded from using the Service, as set out in section EXCLUSION FROM THE SERVICE; and

(b) have paid all outstanding Late Fees (as defined in section LATE RETURNS AND LATE FEES).

6. REGISTERING AND CLOSING AN ACCOUNT

(a) In order to register an account for the Service, you must complete and sign the registration form provided to you at one of our Sites (“Registration Form”) and provide:

(i) your valid driver’s licence, passport or national ID card (“ID”). The ID must have an expiration date of at least three months from the end of the Rental Period. If you can only provide a temporary version of an ID, it cannot be older than 45 calendar days;

(ii) proof of address not older than 3 months from the date of entering into these Terms and/or Agreement; and

(iii) your contact details, including your telephone number and a valid email address.

(b) You must ensure that all information and documentation that you provided to us in registering an account, and entering into these Terms and/or Agreement are true and accurate. If any such information becomes out of date, you must let us know as soon as possible.

(d) You can close your account at any time by informing our personnel at the Rental Site. Provided that:

(i) you have complied with these Terms and/or Agreement;

(ii) you have returned all Batteries that you have hired free from any damage; and

(iii) you have paid any outstanding Late Fees owed to us.

(e) Once you have successfully closed your account, we will then return your Deposit in accordance with section DEPOSITS AND RENTAL FEES. If you decide to re-join and use the Service at a later date, you may not have to register another account but you will have to pay another Deposit. If any of the information or documentation you provided to us when you originally registered is out of date, you must make us aware of this and provide any updated information and documentation as set out in section RENTAL CONDITIONS that is true and accurate at that time.

7. RENTAL AND RETURN

7.A Renting a Battery

(a) You may not pre-reserve a Battery. Batteries are offered at a Site on a first-come, first-served basis.

(b) You may not register an account or pay a Deposit without renting a Battery at the same time.

(c) In order to rent a Battery from us, we will need to verify your identity. We may request that you confirm certain details you provided us with when you originally registered your account in order to do so.

7.B Battery type and Rental Period

(a) We offer a range of Batteries and rental periods, as advertised at our Sites.

(b) Once we have confirmed your identify (as set out above), you can select the type of Battery that you wish to rent, and the period for which you wish to rent such Battery. In order to do so, please speak with our personnel at the Rental Site. You acknowledge that certain Battery types may not always be available, and we do not guarantee that any Site will have any particular Battery type available, or that you may rent any Battery for a particular period of time. We may refuse any request to rent a Battery at our sole discretion.

(c) The type of Battery that you rent and the period for which you may rent it (the “Rental Period”) shall be confirmed to you in the Rental Summary (as defined in section RENTAL SUMMARY).

(d) For each Battery you rent, the Rental Period must be a minimum of one (1) day and a maximum of five (5) calendar days.

(e) You will have access and use of the Battery during the Rental Period, subject to the start and end times set out in RENTAL PERIOD START AND END TIMES.

7.C Rental Summary

(a) The details of your rental (including the type of Battery, Rental Period and Rental Price) will be confirmed and sent to the email address you provided at registration (the “Rental Summary”). If you think there are any errors in your Rental Summary, you must let us know as soon as possible.

(b) You cannot rent more than one Battery at any one time across our Sites.

7.D Rental Period start and end times

(a) The Rental Period starts when we transfer possession of the Battery to you on collection of the Battery from the Rental Site.

(b) The Rental Period ends on the earlier of:

(i) you returning the Battery to the Rental Site; or

(ii) 20:00pm on the last day of the Rental Period.

For example, if you selected a Rental Period of five (5) calendar days and collected the Battery at 11.00am on day 1, the Rental Period would end at 20:30pm on day 5 (unless you returned the Battery sooner).

7.E Site opening times

(a) The Rental Site will be accessible for collections and returns from 07:30am to 20:30pm each day. Outside of such times, you will not be able to collect or return a Battery.

(b) Please note that, from time to time, our Sites may be closed during these times for reasons outside of our control. If the Rental Site is closed when you attempt to make a return, you may return the Battery to the Rental Site the following day (or the next day the Rental Site is open) without incurring a Late Fee, provided you return the Battery between 07:30am to 20:30pm on that day. Please note that closure of the Rental Site does not allow you to return the Battery to one of our other Sites.

7.F Collecting your Battery

(a) On collection, you should inspect your Battery. If you believe it is in any way damaged please inform the personnel at the Rental Site. By accepting a Battery, you are confirming that it is not damaged (save for normal wear and tear).

7.G Making a return

(a) You must return the Battery to the Rental Site. You cannot return the Battery to any other premises, including any other Sites.

(b) After returning the Battery to the Rental Site, we highly recommend that you wait for our Rental Site personnel to conduct an inspection of the Battery, as this may facilitate any necessary questions regarding your use of the Service (for our information gathering purposes), or potential damage to the Battery.

(c) We may send you reminder messages to return the Battery via SMS, before expiry of the Rental Period. We do not, however, guarantee that we will send you reminder messages, and you should not rely on receiving these messages. You are responsible for returning the Battery before expiry of the Rental Period.

(d) You may elect that a third party returns a Battery on your behalf to the Rental Site. You must ensure that any such third party complies with these Terms and/or Agreement, and any failure by them to do so will be deemed to be a breach of these Terms and/or Agreement by you, and you shall be liable to us under these Terms and/or Agreement for such failure. You are not permitted to elect that a third party collects a Battery on your behalf, you may only do so personally.

8. LATE RETURNS AND LATE FEES

(a) If you do not return the Battery to the Rental Site in accordance with section RENTAL AND RETURN before expiry of the Rental Period, we will charge you a fee (“Late Fee”).

(b) The amount of the Late Fee will be calculated depending on how much time elapses after expiry of the Rental Period, before the Battery is returned in accordance with section RENTAL AND RETURN.

(c) The return of a Battery will be deemed to be late at 20:31pm on the last day of the Rental Period. A Late Fee of one day of the Rental Fee (as defined in section DEPOSITS AND RENTAL FEES) shall apply, and the Late Fee shall increase by one day of the Rental Fee for each twenty-four (24) hour period that expires after this. For example, if the Rental Period was five (5) calendar days and you returned your Battery at 14:00pm on calendar day seven (7), the Late Fee would be 2 calendar days’ Rental Fee.

(d) If a Battery has not been returned within seven (7) calendar days of the expiry of the Rental Period, the Late Fees will stop accumulating, and the Battery will be deemed to be “unreturned” for the purposes of these Terms and/or Agreement, and we will have the rights set out in section UNRETURNED .

9. BATTERY OWNERSHIP

(a) The Battery we rent to you will at all times remain our property. You will have no right, title or interest in, or to the Battery, other than the right to possession and use of the Battery in accordance with these Terms and/or Agreement.

(b) The risk of loss, theft, damage or destruction of the Battery will pass to you at the start of the Rental Period. The Battery will remain at the sole risk of you during the Rental Period, and any further term during which the Battery is in your possession, custody or control, until you deliver the Battery back to us in accordance with section RENTAL AND RETURN.

10. UNRETURNED BATTERIES

(a) During the Rental Period, you are responsible for ensuring that the Battery is not lost, stolen or removed from your possession.

(b) If you do not return a Battery within seven (7) calendar days of the expiry of the Rental Period, we will mark the Battery as being “unreturned”, and we may exclude you from using the Service indefinitely, and retain your Deposit (as defined in section DEPOSITS AND RENTAL FEES). Even if you return the Battery anytime after the Rental Period has expired, your Deposit will not be refunded to you.

(c) If you return a Battery that has been marked as “unreturned” within fourteen (14) calendar days of the expiry of the Rental Period, we may (at our sole discretion), lift your exclusion from using the Service, provided that:

(i) The Battery is not damaged (whether Major Damage, Severe Damage or Minor Damage – as defined in section DAMAGED BATTERIES);

(ii) you have paid the applicable Late Fee; and

(iii) you pay a further Deposit in accordance with section DEPOSITS AND RENTAL FEES.

(d) In order to request that your exclusion be lifted, you must follow those steps set out in section EXCLUSION FROM THE SERVICE. Any decision to lift an exclusion will be made in our sole discretion.

11. DAMAGED BATTERIES

(a) During the Rental Period, you are responsible for ensuring that the Battery is not damaged in any manner.

(b) When you return a Battery, a member of our Rental Site personnel will inspect the Battery for damage. They will inform you if the Battery is damaged (via email if you have chosen not to wait at the Rental Site during the inspection process).

(c) Upon return of the Battery to the Rental Site, if it is decided in our Rental Site personnel’s sole discretion, that the Battery has “Major Damage” or “Severe Damage”, we may terminate these Terms and/or Agreement, exclude you from using the Service, and retain your Deposit. Your Deposit will not be refunded to you.

(d) If you cause Minor Damage to any of our Batteries, as determined by our Rental Site personnels sole discretion, on more than 2 occasions, we will exclude you from using the Service indefinitely, and retain your Deposit. Your Deposit will not be refunded to you.

(e) For the purposes of these Terms and/or Agreement:

(i) “Major Damage” means:

A. damage to the port, outlet or light which requires the Battery to be taken out of circulation for repair;

B. liquid damage to the Battery; and/or

C. damage meaning the Battery does not turn on.

(ii) “Severe Damage” means:

A. damage which is visible;

B. damage which may cause health and safety risks (e.g. the Battery is leaking);

C. the Battery has melted and/or burnt; and/or

D. there is any major physical damage to the casing of the Battery (e.g. cracks).

(iii) “Minor Damage” means any visible damage to the Battery such as scratches and dents, but the casing is intact and the ports, outlets and lights function properly.

12. YOUR RESPONSIBILITIES

(a) When using the Service, you must:

(i) not attempt to charge the Battery yourself;

(ii) use, handle and treat the Battery with care in order to prevent any damage;

(iii) return the Battery in the same condition as it was at the start of the Rental Period (save for normal wear and tear);

(iv) only use the Battery for the purpose of charging devices owned by you;

(v) appliances plugged into batteries must meet applicable South Africa regulatory standards such as South African National Standard (SANS)

(vi) not open, modify, tamper with, disassemble, attempt to repair, or make any alterations whatsoever to the Battery;

(vii) not expose the Battery to extreme temperatures (being anything below -5Cº or above 45Cº);

(viii) only use the Battery within its power range to power electrical appliances within the following power constraints:

(A) use appliances that do not exceed the maximum Battery power rating (as stated by manufacturer) on the back of each Battery. This is 600W maximum for the 320Wh Battery, and 2400W maximum for the 1000Wh Battery;

(ix) only use the Battery for the purposes for which it is designed;

(x) ensure that the Battery is kept and operated in a suitable and safe environment at all times;

(xi) follow any safety and usage instructions provided to you;

(xii) keep the Battery out of anyone below the age of eighteen (18) at all times;

(xiii) not lend, sell, offer to sell, lease or part with possession of the Battery in any way whatsoever during the Rental Period, nor to allow the creation of any charge or lien over it;

(xiv) not use the Battery for any unlawful purpose; and/or

(xv) return the Battery on time at the end of the Rental Period, to the Rental Site, in accordance with section RENTAL AND RETURN.

13. DEPOSITS AND RENTAL FEES

(a) Prior to possession of the first Battery that you rent (i.e. on account registration) being passed to you on collection, you must have paid the following Deposit:

(i) 300Wh Battery – R375.00 (three hundred and seventy five); or

(ii) 1000Wh Battery – R575 (five hundred and seventy five)

(the “Deposit”).

(b) Prior to possession of a Battery being passed to you on collection for each Rental, you must have paid the applicable rental fee (as advertised at the Rental Site, and confirmed to you in the Rental Summary) (the “Rental Fee”) and any applicable taxes. The amount of the Rental Fee shall be based on the length of the Rental Period.

(i) 300Wh Battery – R20.00 (twenty); or

(ii) 1000Wh Battery – R40.00 (forty).

(d) The Rental Fee and the Deposit are exclusive of any taxes.

(e) Payment of the Deposit will be taken by our personnel at the Rental Site with whom you register your account. Payment of the Rental Fee will be taken by our Rental Site personnel at the applicable Rental Site.

(f) We will retain your Deposit until you close your account in accordance with section REGISTERING AND CLOSING AN ACCOUNT. 100% of the Deposit will be returned to you in cash, when you close your account in accordance with section REGISTERING AND CLOSING AN ACCOUNT, however we may retain your Deposit and it will not be returned to you if:

(i) the Battery you have rented has been marked as “unreturned”;

(ii) you have returned a Battery with Major Damage or Severe Damage; and/or

(iii) you have not paid any outstanding fees owed to us (including Late Fees).

(g) Your Deposit will not accrue any interest, at anytime.

(h) Your Deposit will only be returned to you at the Rental Site at which you registered an account, and originally paid your Deposit.

(i) If the Rental Period for the first Battery that you rent using the Service is for a minimum of two (2) calendar days, but you use up all of the Battery’s power within twenty-four (24) hours, and

return the Battery to us in accordance with section RENTAL AND RETURN, you will be issued a refund, which you can use to rent a new Battery.

14. EXCLUSION FROM THE SERVICE

(a) We may exclude you from using the Service if:

(i) you physically or verbally abuse any of our personnel at the Rental Site, or any of our other customers at the Rental Site;

(ii) we find that you do not meet any of the rental conditions in section RENTAL CONDITIONS;

(iii) you provide any incorrect or misleading information or documentation while registering an account;

(iv) you fail to return a Battery on time as set out in section RENTAL AND RETURN;

(v) you cause damage to a Battery as set out in section DAMAGED BATTERIES;

(vi) you infringe our rights (including intellectual property rights for the Battery), or the rights of any other person; and/or

(vii) materially breach any of the terms and conditions of these Terms and/or Agreement in any other way.

(b) If you are excluded from the Service, we will send you an email (to the address provided on account registration) informing you of this. Please direct any enquires regarding this by email to support@bpowerd.com.

(d) You may request that your exclusion is lifted by contacting our customer service team via email at support@bpowerd.com. Any decision to lift an exclusion will be made in our sole discretion.

15. OUR LIABILITY TO YOU

(a) As a consumer, you have certain rights under law in respect of our provision of the Service. You have certain legal remedies if we breach any of these rights. Nothing in these Terms and/or Agreement will affect or undermine these legal rights or remedies. For the avoidance of doubt, as further set out in section LIMITATION AND EXCLUSION OF LIABILITY, we will not be responsible for death or personal injury that does not result from our direct negligent act and/or omission.

16. REFUNDS

(a) If, having rented a Battery, you find that the Battery cannot power an appliance for your appliances, we will issue you a cash refund of the Rental Fee provided that:

(i) You return the Battery to the Rental Site within twenty-four (24) hours of the start of the Rental Period; and

(ii) The Battery has at least 80% charge at the time of being returned to the Rental Site, failing which, standard rates of the Battery Rental (as per section DEPOSIT AND RENTAL FEES) will commence from the date that you signed these Terms and/or Agreement.

(b) If you believe the Battery is faulty, you must immediately return the Battery, within twenty-four (24) hours of the start of the Rental Period, to the Rental Site for inspection.

(c) If we confirm that the Battery is faulty, you will be entitled to receive a replacement Battery at no additional cost, provided that:

(i) You return the faulty Battery to the Rental Site within twenty-four (24) hours of the start of the Rental Period; and

(ii) The faulty Battery has at least 50% charge at the time of being returned to the Rental Site. If you are not happy with the option of receiving a replacement Battery, we will issue you a full cash refund of the Rental Fee for the transaction.

(d) In the event that all of the requirements for the refund of the Battery based on a faulty Battery as mentioned in section REFUNDS above are not fulfilled, then in such an instance, and in the event that the Battery is returned:

(i) Within 24 (twenty four) to 36 (thirty six) hours from the commencement of the Rental Period, the personnel at the Rental Site have sole discretion to refund the Deposit to you; or

(ii) After 36 (thirty six) hours from the commencement of the Rental Period, the Deposit will not be refunded to you.

17. LIMITATION AND EXCLUSION OF LIABILITY

Subject to section OUR LIABILITY TO YOU, we will not be responsible to you or any third party in any way, for any loss or damage whatsoever, arising from, or in any way connected with:

(a) death or personal injury to you or any other person, that is not the result of our negligence (including any malfunction in the Battery (such as overheating, fire or leakage) which is the fault of the manufacturer));

(b) damage to your property, devices and/or other equipment or the property, devices and/or other equipment of any other person (e.g. desktop, laptop, mobile, smartphone, tablet, plug outlet, games console or other internet-enabled device);

(d) indirect losses which are a side effect of the main damage and losses that are not foreseeable by you and us at any time;

(e) business losses and/or losses to non-consumers (for example loss of business, loss of business information, business interruption, and loss of profits or revenues);

(f) any use by you of our Service in breach of these Terms and/or Agreement; or

(g) failure or delay by us to provide the Service, or to meet any of our obligations under these Terms and/or Agreement, to the extent that such failure or delay results from events beyond our reasonable control. Events beyond our reasonable control include cyber-attack, fire, flood, storm, riot, earthquake, pandemic, epidemic, public utility failures, delays or disruptions of the internet or telecommunications networks, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

Subject to section OUR LIABILITY TO YOU, our liability to you under these Terms and/or Agreement, in relation to any one incident or series of related incidents, is limited to the Rental Fee.

18. CHANGES TO THE SERVICE AND TERMS

(a) We may vary the terms and conditions of these Terms and/or Agreement from time to time for a number of reasons, for example to reflect changes to the Service, or any changes in law or regulation, or for security purposes.

(b) Minor changes to these Terms and/or Agreement can be made at any time upon notice to you. A minor change includes a change that doesn’t materially alter your rights, or our obligations, to your detriment.

(c) We will notify you of any material or major changes to these Terms and/or Agreement at least fourteen (14) calendar days before that change takes effect.

(d) We will provide notice of any changes by sending an email to the email address you have provided to us when registering your account.

(e) Your continued use of the Service following any change to these Terms and/or Agreement taking effect constitutes your acceptance of the updated Terms and/or the Agreement. If you do not agree to any change of the updated Terms and/or the Agreement, you must immediately return the Battery to the Rental Site.

19. COMPLAINTS AND DISPUTES

(a) If you experience any issues or problems with us or the Service, please email support@bpowerd.com and our customer service team will do their best to resolve them for you.

20. BREACH

(a) Save as specifically provided for in these Terms and/or Agreement, should any Party (the “Defaulting Party”) commit a breach of any provision of any of these Terms and/or Agreement, and fail to remedy such breach within 5 (five) calendar days of receiving written notice from the other Party (the “Aggrieved Party”) requiring the Defaulting Party to do so, the Aggrieved Party shall be entitled to, without prejudice to its other rights in law, to claim specific performance of all of the Defaulting Party’s obligations, whether or not due for performance, and without prejudice to the Aggrieved Party’s rights to claim damages, it being agreed that cancellation shall be a remedy under these Terms and/or Agreement.

(b) These Terms and/or Agreement may be terminated at any time by the Aggrieved Party pursuant to the Defaulting Party not remedying a breach as mentioned above.

(i) You must return the Battery to the Rental Site within forty eight (48) hours of these Terms and/or Agreement having being terminated;

(ii) Neither Party shall have any further rights, duties or obligations of, or between, the Parties under these Terms and/or Agreement, except for the following which shall survive such termination:

(A) the provisions of section CONFIDENTIALITY relating to Confidentiality;

(B) the provisions of section GOVERNING LAW AND JURISDICTION relating to applicable law and jurisdiction; and

Save where expressly stated otherwise, the expiry or termination of these Terms and/or Agreement shall be without prejudice to any rights which have accrued to either of the Parties under these Terms and/or Agreement, prior to termination.

21. SEVERABILITY

(a) If at any time any term or provision of these Terms and/or Agreement or the application thereof, to any person or circumstance, shall to any extent be or become illegal, invalid or unenforceable under any Law, the remainder of these Terms and/or Agreement, or the application of such term or provision, to persons or circumstances other than those, as to which it is already illegal, invalid or unenforceable, shall not be affected or impaired thereby. The Parties agree in such event, and insofar as may be available, under applicable law, to substitute valid, legal and enforceable provisions for the invalid, illegal or unenforceable provisions so as to implement the intention of the Parties hereto to the extent legally possible.

22. NOTICES

(a) The Parties choose as their domicilia citandi et executandi for all purposes under these Terms and/or Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the exercise of any option), the following addresses –

BP SA:

Physical: 199 Oxford Street

Oxford Parks

Dunkeld

Gauteng

2196

Marked for the attention of:XXX E-mail: XXX.XXX@bp.com

XXX

XXX.XXX@bp.com

Customer:

Physical: XXX

XXXX

Gauteng

XXX

Marked for the attention of:

E-mail:

(b) Any notice or communication required or permitted to be given in terms of these Terms and/or Agreement shall be valid and effective only if in writing.

(c) Any Party may by notice to any other Party change the physical address chosen as its domicilium citandi et executandi vis-à-vis that Party to another physical address, or change the e-mail address chosen as its domicilium citandi et executandi vis-à-vis that Party, to another e-mail address, provided that the change shall become effective vis-à-vis that addressee on the tenth (10th) Business Day from the receipt of the notice by the addressee.

(d) Any:

(i) notice sent by prepaid registered post (by airmail if appropriate) in a correctly addressed envelope to the Party at an address chosen as its/his/her domicilium citandi et executandi to which post is delivered shall be deemed to have been received on the 7th (seventh) Business Day after posting (unless the contrary is proved);

(ii) notice to a Party delivered by hand to a responsible person during ordinary business hours at the physical address chosen as its domicilium citandi et executandi shall be deemed to have been received on the day of delivery, and sent by e-mail to the Party’s chosen e-mail address, shall be deemed to have been received on the date of despatch (unless the contrary is proved).

(e) Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.

23. GOVERNING LAW AND JURISDICTION

(a) These Terms and/or Agreement and the rights and obligations of the Parties, including all non-contractual obligations arising under or in connection with these Terms and/or Agreement, shall in all respects (including its existence, validity, interpretation, implementation, termination and enforcement) be governed by the laws of South Africa, which are applicable to agreements executed and wholly performed within South Africa.

(b) Subject to the above these Terms and/or Agreement and the rights and obligations of the Parties, including all non-contractual obligations arising under or in connection with these Terms and/or Agreement, shall in all respects (including its existence, validity, interpretation, implementation, termination and enforcement) be governed by the laws of South Africa, which are applicable to agreements executed and wholly performed within South Africa. above, each Party hereby irrevocably consents and submits to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, Gauteng Local Division, Johannesburg in any dispute arising from or in connection with these Terms and/or Agreement.

24. CONFIDENTIALITY

(a) The Parties agree to keep confidential and not disclose to any person all confidential information, that the Parties may receive from the other Party or from any other source, relating to these Terms and/or Agreement and matters which are subject to the terms of these Terms and/or Agreement and will use, or cause to be used, such information solely for the purposes of the performance of the Parties obligations under the terms of these Terms and/or Agreement.

25. MISCELLANEOUS

(a) If we need to notify you under these Terms and/or Agreement, we will do so by email to the email address registered to your account.

(b) We may transfer our rights and/or obligations under the Terms and/or Agreement between you and us, to another organisation at any time. We will treat this as a major change to the Terms and/or Agreement, as described above in section CHANGES TO THE SERVICE AND TERMS. If you are dissatisfied with the change, you may close your account with us at any time, and return the Battery to the Rental Site within 48 hours of the said change.

(c) The Terms and/or Agreement between you and us is personal to you. You may not transfer and/or cede your rights or obligations under it, to anyone else.

(d) If you breach these Terms and/or the Agreement, and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and/or Agreement.

(e) These Terms and/or the Agreement are not intended to give rights to anyone except you and us.

(f) By your signature below, you agree that:

(i) You understand all of the terms and conditions as contained herein, and agree to comply with same; and

(ii) The Battery and the Accessories are in good working condition, and they are fully charged.

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.

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