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Terms of Service & Terms of Use

Valid per. 01.08.2020

 

 

§ 1 Framework Agreement

 

(1) Get Lit Denmark ApS (hereinafter referred to as as "GET LIT") rents rechargeable powerbanks using its software application for internet compatible mobile phones. Rentals are made only by customers who are registered via the GET LIT app (hereinafter referred to as as "users").

 

(2) These terms and conditions apply to the use of the GET LIT app and to the leases to be entered into via the GET LIT app.

 

(3) The customer's contract partner is:

 

GET LIT DENMARK ApS,

Flæsketorvet 68, 1st.

1711 Copenhagen

CVR No. 41412925

 

+45 4267 3292

hello@get-lit.dk

GGET-LIT.dk

 

 

(4) GET LIT reserves the right to make changes to these services terms and conditions, insofar as this is necessary to comply with changed legal or technical framework conditions and rules. Changes will be notified to the customer by notification and by publication on

 

GET-LIT's website and in the GET LIT app.

Any changes are considered approved if the customer does not object to them in writing within four weeks of receiving the notification of the change.

 

GET LIT will inform the customer separately about the right of objection and the legal consequence of the silence together with the notice of the change. In the event of the customer's objection to the change or addition to these services terms and conditions, GET LIT is entitled to terminate the contract with the customer, on the basis of these terms and conditions, with four weeks notice.

 

 

§ 2 Entering into a contract for the use of the GET LIT app

 

(1) To rent a GET LIT powerbank the customer must register by creating a user account via the app. Each customer can only register once. Only a registered customer is entitled to use GET LIT's contractual services.

 

(2) Upon registration registration of is required master data (first and last name, e-mail address, personal mobile phone number, valid payment information) and acceptance of these general terms and conditions in connection with the registration process, an agreement is entered into for the use of the GET LIT app between the customer and GET LIT.

 

(3) The lease of a power bank shall then be effected by the conclusion of a lease in accordance with the provisions of these general service Terms and Conditions (section 4).

 

(4) GET LIT reserves the right to refuse registration of a customer or the conclusion of a lease if there are reasonable doubts about the customer's conduct in accordance with the contract.

 

 

§ 3 User account in the GET LIT app

 

(1) On the user account, the specified account or credit card holder must match the customer's person. The customer must keep the personal information stored in the user account up to date. This applies the customer address, email address, personal mobile phone number and payment data.

 

(2) No transfer of login data (username, password, PIN) to other persons may be committed. This also applies if the third party is a customer. The customer undertakes to change the password immediately if there is one assumption of abuse of the customer login data, and to inform GET LIT about this right away.

 

(3) In order to use the app, the customer must be in possession of a mobile phone with Internet access that meets the technical requirements of the app. Each time the app is downloaded, it automatically checks whether the internet compatible mobile phone meets these requirements. The customer must ensure the possibility of mobile data communication and bear all costs of data transmission that arise against the customer's mobile phone provider.

 

(4) The customer may not read, copy or manipulate the GET LIT app using information technology methods. The guilty violation or if there is a suspicion of attempt leads directly to exclusion from the use of the app. GET LIT reserves the right to assert any claim.

 

(5) The customer must immediately notify GET LIT about loss or theft of his mobile phone which is linked to the user account or other suspicion of potential misuse by a third party. To avoid abuse, GET LIT block access until the situation is clarified, and inform the customer via e-mail.

 

 

§ 4 Use of service  and entering into leases

 

(1) It is only possible to use GET LIT powerbanks, which are available in the app according to their locations.   

 

(2) The rental period begins at the conclusion of the individual lease and ends when the customer has returned the powerbank in accordance with section 3, or if the maximum rental period in accordance with section 4, para. 5 has expired.

 

(3) The maximum rental period is 24 hours.

 

(4) The customer is obliged to report any errors immediately and defects that affect the product's functionality before or during the rental period for GET LIT's hotline service tel.+45 4267 3292

 

(5) GET LIT can claim to call the customer on the mobile phone number stored in the personal information of the user account in case of significant disruptions in the user's use process.

 

 

§ 5 Termination of rent

 

(1) The rental process can only be completed via the app. When the customer wants to quit the lease, the customer scans the QR code at the charging station, whereby the power bank is returned to the charging station in accordance with Section 5.

 

(2) The rental process can only be completed on the GET LIT app at its available locations in collaboration with GET LIT's partner locations.

 

(3) Upon completion of use of the powerbank, the rental of the product must be returned in the same condition and in the associated charging stations at the respective partner locations that cooperate with GET LIT.

(4) If the customer does not complete the rental process via the GET LIT app after a powerbank has been taken into use, the termination of the rental process will begin automatically according to § 4, paragraph (5).

 

(5) If the rental process can not be completed via GET LIT app for technical reasons despite the conditions set out in para. 3, the customer must immediately notify GET LIT's hotline service tel. +45 4267 3292 for help ang. the further process with GET LIT for any. repayment of unused rental period, if justified.

 

(6) The obligation to pay the rent ceases the moment the rental process is completed, unless the rental process could not be completed for reasons for which the customer is not responsible.

 

(7) After completion of the rental process customer receives a receipt of the total rental period and the total price in each case. Customer will also receive an invoice for the email address, which is associated customers user account.

 

 

§ 6 Correct return of powerbank

 

(1) Customer must return its leased powerbank in the same condition, as it has been made available to the customer In relation to its functional and technical properties.

 

(2) The cables on the power bank must be in place before being returned to the charging station.

 

(3) The power bank must be inserted back into the charging station according to the direction of the arrows indicated on the power bank.

 

(4) Upon correctly completed rental and correctly returned powerbank back in charging station, a robotic voice will confirm with the word “successful”.

 

 

§ 7 Payment for rent

 

(1) The customer undertakes to pay the respective rent. Before the lease is entered into the customer will stay shown the price of the rent per. 30 minutes in the app. The total price includes VAT required by law. The rent must be paid at the end of the lease.

 

(2) If powerbank can not be used in accordance with the contract, even if it was marked as "available / ready" in the app, the customer will not be charged any rent.

 

(3) When renting will there be billed for the respective lease in according to per. started minute. Invoicing per 30 minutes.

 

(4) GET LIT cooperates with various payment service providers. Payments are made according to the payment method selected in the corresponding registration process. At the conclusion of the contract, the customer confirms that he is entitled to the specified account for direct debit. The customer must ensure adequate coverage of his means of payment. If a payment can not be made due to lack of coverage or for other reasons for which the customer is responsible, GET LIT charge the customer the actual expenses incurred or a fixed amount in accordance with the fee list on GET LIT's website ( www.GET-LIT.dk/priser ).

 

(5) Customer can only set off GET LIT's claims if the customer's counterclaim is uncontested or legally established.

 

(6) Customer can only exercise a right of retention if customer counterclaims are undisputed or legally substantiated.

 

§ 8 Transfer

 

GET LIT reserves the right to assign its claims as a result of this contractual relationship to a third party for the purpose of recovery by debt collection. The customer will be informed in good time. In this case, customer can only make payments to third party In collaboration with GET LIT as full responsible for general customer inquiries or complaints.

 

 

§ 9  Kundes  general obligations and prohibitions

 

(1) Customer is obligated to treat GET LIT powerbank with care.

 

(2) The customer is obliged to:

 

  • protect the powerbank from direct sunlight and rain,

  • do not leave the powerbank unattended during the rental period,

  • report errors and defects caused by violence or uheld to GET LIT's hotline service tel. +45 4267 3292

  • do not use GET LIT powerbank together with another person,

  • do not perform or allow repairs of any kind on the GET LIT powerbank on its own initiative.

  • does not damaged powerbank below rental period. In the event of self-inflicted damage, GET LIT is entitled to compensation for the cost of repairing the damage.

  • do not let the powerbank get lost during the rental period. In the event of a lost power bank, the customer will immediately be charged DKK 300 in compensation to GET LIT for the lost product. A powerbank is considered lost if it is not returned within 24 hours of rental.

 

(3) For the sake of the environment encourages GET LIT its users to use our powerbanks both environmentally friendly and energy saving.

 

 

§ 10  GET LIT's limitation of liability

 

(1) GET LIT is liable in accordance with the general rules of tort law for damages committed intentionally or through gross negligence by GET LIT his representative or his deputy.

 

(2) Liability for indirect and unforeseeable damages is excluded.

 

(3) Liability for damage to life, body or health remains unaffected.

 

(4) The limitations of liability that follow from para. 2, also applies to persons whose error steps GET LIT is responsible for. They do not apply if GET LIT fraudulently has assumed a warranty or for claims under product liability the law. GET LIT's liability for breaches of the General Data Protection Regulation (GDPR, Art. 82) also remains unaffected.

 

(5) Otherwise, GET LIT's responsibility to the customer excluded.

 

 

§ 11  Kundes  responsibility

 

(1) Customer is liable for damages as a customer is responsible for. This includes in particular violations of

abuse or by theft, damage or loss of powerbank. GET LIT is entitled to indemnify the customer for justified claims from third parties, provided that the customer does not have insurance coverage. This includes the cost of any legal defense that may be required. It is clearly stated that any complicity on the part of a third party is taken into account.

 

(2) Customer is not liable if an insurance policy covers the damage and does not make recourse against GET LIT.

 

 

§ 12  Temporary blocking of the user account and exclusion of use

 

(1) GET LIT has the right to temporarily block one user account:

  • if the essential data for the performance of the contract is not correctly stated in the user account

  • if the customer is in arrears despite a prior reminder of payment of a not insignificant amount,

  • in the event of other material breaches of contract for which Customer is responsible

  • if the customer has lost his mobile phone linked to the user account, the mobile phone has been stolen or there is another possible unauthorized use of the user account by a third party.

 

(2) Blocking of user account removed immediately after the action which has led to the breach of contract by the customer has been completed.

 

(3) GET LIT may exclude a customer from using the user account following a prior failure warning if the customer has repeatedly acted in breach of the contract.

 

 

§ 13  Terms and termination of the agreement to use the app

 

(1) The agreement on the use of the app is entered into indefinitely and can be terminated by both parties in text form with a notice of termination of two weeks until the end of a month.

 

(2) The right of the Contracting Parties to terminate the contract exceptionally is not affected. This applies if the customer

  • repeatedly and despite repeated reminders are in arrears with payment of a not insignificant portion of the rent. 

  • has given incorrect information or hidden facts during registration or during the contractual relationship, and GET LIT therefore can not continue the contract.

  • despite warnings do not refrain from serious breaches of contract.

  • has passed on its login data to another person.

  • has attempted to read, copy or manipulate the GET LIT app using information technology methods.

 

 

§ 14  Cancellation of the lease

 

With regard to the framework agreement, consumers have the right to cancel the conclusion of the lease on the following conditions:  

 

Customer has the right to cancel this contract within fourteen days without giving any reason.

 

The withdrawal period is fourteen days from the date of conclusion of the contract. In order for the customer to make use of his right of withdrawal please contact support@get-lit.dk of its decision to cancel this contract.

To comply with the withdrawal period GET LIT must have confirmed its receipt on the cancellation form before the cancellation period has expired.

 

Upon refund, will be refunded on the same means of payment as was used for the original transaction, unless otherwise stated agreed with customer.

 

§ 15  Data protection

 

(1) GET LIT collects and processes customer's personal information necessary for the business transaction. When processing the customer's personal data, GET LIT complies the applicable legal provisions, in particular the provisions of the EU General Data Protection Regulation.

 

(2) With regard to the details and scope of the collection, storage and processing of customer's personal data, reference is made to data protection the conditions on GET LIT's website.

 

§ 16  Miscellaneous

 

(1) Danish law applies to contracts between customer and GET LIT.

 

(2) If the customer is a trader, who acts as part of his profession is a public judicial body or has no domicile or habitual residence in Denmark, the Court of Copenhagen is the venue for disputes that arise as a result of and in connection with the contract and / or the lease. Mandatory venue rules remain unaffected.

 

(3) The customer may only transfer rights from the above contracts to third parties with the prior written consent of GET LIT.

 

 

§ 17  Customer service / Complaints

 

(1) Customer can in case of questions, complaints and other inquiries contact by email at support@get-lit.dk

 

(2) The European Commission has an out-of-court online platform dispute settlement (the so-called "OS platform") to dispute settlement in connection with contractual obligations under online purchase agreements between consumers and businesses, and which can be accessed at www.ec.europa.eu/consumers/odr.

 

(3) GET LIT is not legally obliged to take part in any dispute settlement the procedure under the Dispute Settlement Act. Voluntary participation is disregarded.

 

(4) GET LIT is not subject to any codes of conduct.

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