Rental Agreement – FUZE Technology Inc.
Effective Date: June 1, 2019
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.
This Rental Agreement (“Agreement”) governs your rental and use of the ChargeFuze Portable Chargers (“Charger(s)”) which are provided by Fuze Technology Inc. d/b/a ChargeFuze (“ChargeFuze,” “We,” or “Our”). ChargeFuze requires that you (“Renter,” “You,” or “Your”) (acting for all of Renter’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to the terms and conditions in this Agreement prior to renting and/or use any Charger.
You should CAREFULLY READ all terms and conditions before entering into this Agreement. Here is a partial list of some of the terms that ChargeFuze wants to bring to Your initial attention in the event You are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them where defined in this Agreement.
You must end your charge by dropping off your Charger in our Charging Stations. If you fail to do so, including due to your loss of a Charger, You will continue to be charged. The maximum charge for a single trip under such circumstances is $30. For more details, please refer to Section 2.3 below.
You must promptly report any damaged or malfunctioning Chargers to ChargeFuze via the ChargeFuze App or e-mail.
IMPORTANT TERMS SUCH AS DISCLAIMERS, LIMITATIONS OF LIABILITY, AND AN AGREEMENT TO ARBITRATE ARE FOUND IN THE TERMS OF SERVICE [INCLUDE LINK OR HYPERLINK TO TERMS OF SERVICE] WHICH ARE INCORPORATED HEREIN.
ChargeFuze expressly agrees to let, and the Renter expressly agrees to take on, rental of the Charger subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in United States dollars.
1. GENERAL RENTAL AND USE OF CHARGER.
1.1 Renter is Sole User. ChargeFuze and the Renter are the only parties to this Agreement. The Renter is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Charger from the location, the Charger must be used only by You. You must not allow others to use a Charger that You have activated from the location.
1.2 Renter is a Competent Charger Operator. Renter represents and certifies that he/she is familiar with the use of the Charger, is reasonably competent and physically fit to use the Charger, and has reviewed the safety materials provided in the ChargeFuze App and/or ChargeFuze’s website. By choosing to use a Charger, Renter assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to use a Charger.
1.3 The Charger is the Exclusive Property of ChargeFuze. Renter agrees that the Charger and any ChargeFuze equipment attached thereto or used therewith (including charging stations), at all times, remain the exclusive property of ChargeFuze. You must not dismantle, write on, or otherwise modify, repair, destroy or deface a Charger, any part of a Charger, or other ChargeFuze equipment in any way.
1.4 Charger Operating Hours and Charger Availability. Renter agrees and acknowledges that the Chargers are not available 24 hours a day, 7 days/week, 365 days per year. Chargers must be rented during operating hours and within the maximum rental time limits set forth below. The number of Chargers are limited and Charger availability is never guaranteed. Renter agrees that ChargeFuze may require Renter to return a Charger at any time.
1.6 Charger is Intended for Only Limited Types of Use. Renter agrees that he/she will not use the Charger for anything other than charging his/her personal electrical device that is compatible with our Charger. Renter agrees that he/she will not use the Charger for hire or reward, nor use it in violation of any law, ordinance or regulation.
1.7 No Tampering; No Unauthorized Use. You must not tamper with, attempt to gain unauthorized access to, or otherwise use the ChargeFuze Services other than as specified in this Agreement.
1.8 Reporting of Damage or Crashes; Traffic Violations and Enforcement. Renter must report any accident, crash, damage, personal injury violation, or stolen or lost Charger to ChargeFuze as soon as possible. Renter agrees that he/she is responsible and liable for any damages or liabilities of any kind or nature whatsoever related to a stolen or lost Charger.
1.9 Renter Responsibility for Charger Use and Damage. Renter agrees to return the Charger to ChargeFuze in the same condition in which it was rented provided that Renter will not be responsible for normal wear and tear.
1.10 Charger. The Charger requires periodic charging of its battery in order to operate. Renter agrees to use and operate the Charger safely and prudently in light of the Charger being an electric Charger and all of the limitations and requirements associated therewith. Renter understands and agrees with each of the following:
The level of charge power remaining in the Charger will decrease with use of the Charger, and that as the level of charge power of the Charger decreases, the speed and other operational capabilities of the Charger may decrease.
The level of charging power in the Charger at the time Renter initiates the rental or operation of the Charger is not guaranteed and will vary with each rental use.
The rate of loss of charging power during the use of the Charger is not guaranteed and will vary with each use.
It is Renter’s responsibility to check the level of charge power in the Charger and to ensure that it is adequate for Renter’s needs before initiating operation of the Charger.
The distance and/or time that Renter may operate the Charger before it loses charging power is never guaranteed.
The Charger may run out of charging power and cease to operate at any time during Renter’s rental of the Charger.
1.11 No Charging of Charger. If the Charger runs out of charging power during a rental, Renter shall conclude the rental period in compliance with all terms of this Agreement.
1.12 Mobile Device Requirements and Active Internet Connection. Unless otherwise instructed by ChargeFuze in writing, to activate ChargeFuze Services with the ChargeFuze App, You must use a smartphone or any other (mobile) device that meets the technical requirements for and is compatible with the ChargeFuze App. Certain functions of the ChargeFuze App, such as the possibility to register with ChargeFuze, to unlock, rent and end the rental of the Charger require that the ChargeFuze App has an active network connection. You are responsible for the availability and costs of Your mobile data communication services. You are also responsible for ensuring that Your mobile device has adequate battery capacity. ChargeFuze shall not be responsible if You are unable to unlock, use or end the rental period of the Charger as a result of lost or interrupted network connection, mobile device malfunction, or depleted battery. You shall remain responsible for and ChargeFuze may charge You all costs (including rental fees) incurred until the Charger has been dropped off and the rental period is ended.
1.13 Assumption of Risk. BY CHOOSING TO CHARGE A CHARGER, RENTER ASSUMES FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED RISKS, DANGERS, AND HAZARDS, AND RENTER AGREES THAT CHARGEFUZE AND ALL OTHER RELEASED PERSONS (DEFINED BELOW IN SECTION 9) ARE NOT RESPONSIBLE FOR ANY INJURY, DAMAGE, OR COST CAUSED BY RENTER WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE CHARGER ITSELF, DIRECTLY OR INDIRECTLY RELATED TO THE CHARGING OF THE CHARGER.
2. PAYMENT AND FEES.
2.1 Fees. Renter may use the Charger in accordance with the pricing described in the ChargeFuze App, which may include a start fee, fees based on time (with time rounded up to the nearest minute), and/or a required minimum fee. Generally, we will charge you an amount per specified duration of time (e.g., $0.25/30 minutes) based upon the time that passes between you picking up and returning the portable charger from one of our units. Pricing is subject to change. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by ChargeFuze. ChargeFuze will charge the Renter (through credit, or debit card or through another agreed payment method) the amount of the fees as described in the ChargeFuze App and this Agreement, including any recurring payment you choose.
2.2 Referral and/or Promotional Codes.
ChargeFuze may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be used for discounts or credits on ChargeFuze Services or other features or benefits provided by ChargeFuze, subject to any additional terms that ChargeFuze establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, unless expressly permitted by ChargeFuze; (iii) may be disabled by ChargeFuze at any time for any reason without liability to ChargeFuze; (iv) may only be used pursuant to the specific terms that ChargeFuze establishes for such Promo Code; (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire prior to your use. ChargeFuze reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that ChargeFuze determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of this Agreement or specific terms applicable to such Promo Codes.
2.3 Maximum Rental Time and Charges. The maximum rental time is 60 hours. Renter agrees that Renter will deactivate the Charger rental within 60 hours of renting a Charger. Renter may then rent again. Renter agrees that he/she is solely responsible for being aware of the length of any elapsed rental period time. The maximum day charge is $30 and is based on a calendar day. After return of the Charger, Renter will be charged the accumulated rental charges, or the maximum day charge, whichever is less.
Rental time will be calculated from the moment of unlocking the ChargeFuze through the ChargeFuze App until the Renter receives the confirmation through the ChargeFuze App that the rental period has been ended. If You end the rental period incorrectly, this may result in the rental period not being terminated. If the rental period is not ended properly, the rental period will continue and the Renter will continue to be charged. If you have technical issues terminating a rental period for any reason, You should report this to ChargeFuze through the ChargeFuze App immediately. Failure to report an issue in terminating a rental period may result in continued charges.
Chargers not returned (with the rental period concluded) within 60 hours will be considered lost, destroyed or stolen. ChargeFuze may also charge additional service fees for rentals in excess of 60 hours where the Charger is not lost or stolen.
2.4 Valid Payment Method. To be registered to use the ChargeFuze Services, Renter must provide ChargeFuze with a valid credit, debit card or prepaid card number and expiration date or other valid payment method information. Renter represents and warrants to ChargeFuze that Renter is authorized to use any credit, debit or prepaid card or other payment method information Renter furnishes to ChargeFuze. By providing your payment method, You agree that ChargeFuze is authorized to charge You for your rental period and any other fees incurred by Renter under this Agreement, including all applicable governmental and regulatory charges and applicable sales and other taxes.
When you provide a payment method or in accordance with ChargeFuze policies, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If Your payment method expires and You do not update your information or cancel your account, You authorize us to continue billing, and You will remain responsible for any uncollected amounts. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
In the event ChargeFuze uses a third party collection and/or administrative agent to resolve any damages, infringements of law or of this Agreement, fines and/or penalties, Renter agrees to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest.
If Renter disputes any charge on Renter’s payment method, then Renter must contact ChargeFuze within 10 business days from the end of the month with the disputed charge, and provide to ChargeFuze all rental information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the rental period associated with the disputed charge. Renter agrees to immediately inform ChargeFuze of all changes relating to the payment method. If you dispute a charge, the decision to refund rental fees or provide credits with respect to future rentals is in ChargeFuze’s reasonable, good faith discretion.
If You have agreed to make automatic or recurring payments, such payments will continue until you cancel or your account is terminated. You can cancel by following the instructions on the ChargeFuze App. If you cancel, You may use any remaining balance on your account but may not be able to continue using ChargeFuze Services until you have reauthorized an applicable payment method. ChargeFuze may continue to charge your payment method for any additional fees or charges incurred under this Agreement.
3.1 Safety Check. Before each use of a Charger, Renter shall conduct a basic safety inspection of the Charger, which includes inspecting the following: (i) good condition of the Charger; (ii) sufficient battery charge power; and (iii) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Renter agrees not to rent the Charger if there are any noticeable issues, and to immediately notify customer service to alert ChargeFuze of any problems.
3.2 Lost or Stolen Charger. A Charger may be deemed lost or stolen if (a) the Charger is not returned within 60 consecutive hours, (b) the Charger’s GPS unit is disabled, (c) other facts and circumstances that suggest to ChargeFuze in its reasonable, good faith determination that a Charger has been lost or stolen. ChargeFuze and You agree that the last Renter of a Charger shall be responsible for a lost or stolen Charger unless facts and circumstances suggest otherwise to ChargeFuze in its reasonable, good faith determination. If ChargeFuze deems a Charger lost or stolen, in addition to charging the Renter the maximum daily charge, ChargeFuze shall have the authority to take any and all other actions it deems appropriate (with respect to the last Renter of a Charger or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages. Renter agrees the data generated by ChargeFuze’s computer is conclusive evidence of the period of use of a Charger by a Renter.
3.4 Limitations on Charger Rental. Renter agrees that ChargeFuze is not a common carrier. ChargeFuze provides Chargers only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Charger on their own and who have agreed to all terms and conditions of this Agreement.
4. TERMINATION. At any time and from time to time, and without Renter’s consent, ChargeFuze may unilaterally terminate Renter’s right to use the ChargeFuze Services, in ChargeFuze’s sole discretion and without any notice or cause. Renter may terminate Renter’s use of the ChargeFuze Services at any time; provided, however, that (i) no refund of prepaid amounts will be provided by ChargeFuze, (ii) any continued use of the ChargeFuze Services will be subject to the terms of this Agreement, including subjecting the Renter to additional applicable fees in accordance herewith; and (iii) all terms of this Agreement that by their nature should survive its termination shall continue to remain in effect.
6. WAIVER AND SEVERABILITY. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
7. CUMULATIVE REMEDIES. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
8. FINAL AGREEMENT; MODIFICATION BY CHARGEFUZE. This Agreement, which incorporates the Terms of Service [include link or hyperlink to Terms of Service] contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. For clarity, terms in the Terms of Service are incorporated herein, including without limitation Section 6 (Binding Arbitration and Class Action Waiver), Section 12 (Assumption of Risk), and Section 14 (Limitation of Liability). At any time and from time to time, and without Renter’s consent, ChargeFuze may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the ChargeFuze Services after any amendment, modification, or change, Renter has agreed to be bound by all such amendments, modifications, and changes. Renter must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, ChargeFuze will post a notification on the Website. The pricing set forth on the Website or ChargeFuze App supersedes all pricing set forth in this Agreement.
9. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.
Without limiting Your indemnity obligations in the Terms of Service, Renter agrees to fully release, indemnify, and hold harmless ChargeFuze and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and every property owner or operator with whom ChargeFuze has contracted to operate ChargeFuze Services and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Renter’s use of the ChargeFuze Services, Chargers, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such released are intended to be general and complete releases of all Claims.
“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to Renter or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the ChargeFuze Services, including any of the Chargers, placement, equipment, maintenance, related information, this agreement or (b) Renter’s use of any of the foregoing.
To the fullest extent permitted by law, and as to Renter’s use of any of the ChargeFuze Services, Chargers, or related equipment, ChargeFuze and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the ChargeFuze Services, Chargers, and related equipment are provided “as is” and “as available,” and Renter relies on them at Renter’s own risk.
Renter is aware that Renter’s use of any of the ChargeFuze Services, Chargers, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Renter or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
Chargers and other objects;
Charger or component malfunction;
negligent acts or omissions by ChargeFuze, any other Released Person, Renter, or third party.
Renter is solely and fully responsible for the safe operation of Charger at all times. Renter agrees that Chargers are machines that may malfunction, even if the Charger is properly maintained and that such malfunction may cause injury. Renter assumes full and complete responsibility for all related risks, dangers, and hazards.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of ChargeFuze or the Released Parties. Renter hereby expressly waives any claims against the Released Parties or any other party which Renter does not know or suspect to exist in his or her favor at the time of use of ChargeFuze Services, and expressly waives Renter’s rights under any statutes that purport to preserve Renter’s unknown claims.
FOR CALIFORNIA Renters:
PROPOSITION 65 NOTICE
WARNING: This product can expose you to chemicals including chromium, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to: http://www.p65warnings.ca.gov.
Renter ACCEPTANCE OF AGREEMENT
By clicking “I Agree” or otherwise using a Charger or other ChargeFuze Services, I certify that I have read and expressly agree to the terms and conditions of this Agreement. I represent and certify that I am familiar with the operation of the Charger, and am reasonably competent and physically fit to rental period the Charger.
I certify that I am the Renter, am 18 years of age or older, I will rent at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.
ChargeFuze may be contacted by emailing or by mail at 1900 S. Tubeway Avenue, Commerce CA 90040