GENERAL TERMS AND CONDITIONS
THIS AGREEMENT SETS OUT THE LEGALLY BINDING TERMS AND CONDITIONS FOR THE USE OF “POWER JAN” SERVICES
The “Power JAN” service consists of the possibility for registered customers to rent equipment
electronic equipment, an external battery and any Power JAN equipment attached to it, using the Mobile Application installed on the customer’s mobile device.
The “Power JAN” service is offered in Romania by ENAIZOBOLS S.R.L., person
legal entity of Romanian nationality, operating in accordance with Romanian law, having
head office in Mun. Bucharest, Sector 2, Șos. Colentina nr. 16, Bl. A5, ap.B44, Sector 2, Code
Unique Identification Number 43355090 and registration number with the Trade Register Office
J40/15888/2020 (“Company”, “Supplier”)
Through your use of the Services or the Application in any way, in whole or in
part, by accessing the App and accepting the Terms and Conditions of Use, you will be legally bound to the Company. Your access to the “Power JAN” services shall be deemed to be your full and unconditional acceptance of the General Terms, Privacy Policy and Personal Data Processing Notice.The Services (“Services”) provided by the Company include:
(1) Power JAN mobile application and related website,
(2) the Power JAN Portable Batteries (“Battery” or “Batteries”)
(3) All other maintenance equipment, personnel, services, applications, websites, and
information provided or made available by Power JAN.
This Agreement, together with all updates, supplements, additional terms, and all of our rules and policies collectively constitute this Agreement between you (as a “Consumer”, “User”, “Customer”) and Company.
1. GENERAL CONDITIONS FOR THE RENTAL AND USE OF BATTERIES
1.1. The consumer is the only responsible user
The Company and the User are the only parties to this Agreement. The User is the only renter and is solely responsible for compliance with all terms and conditions contained herein. By renting the Equipment, the Consumer is the sole user and bears all responsibility for maintaining the integrity of the Product. In the event Consumer permits third parties to use the activated battery at one of Power JAN’s locations, such use shall be in accordance with these terms and conditions, and Consumer shall be solely responsible for enforcing such terms and conditions on the person to whom it has permitted the battery to be used.
1.2. The battery is the exclusive property of POWER JAN Company
Without reference to Article 2.3, the User agrees that the Battery and any Power JAN equipment attached to it, remains at all times the exclusive property of Power JAN.
-Disassembly, redaction, alteration of the exterior appearance, repair or damage to the Battery, any part of a Battery or other Power JAN Equipment is prohibited.
-No stickers (decals) may be altered, removed or applied to the battery.
-The use of external batteries or other Power JAN equipment in advertising or for other commercial purposes without written permission from Power JAN is prohibited.
1.3. External battery operating hours and battery availability
The number of batteries is limited and battery availability is never guaranteed.
The User undertakes to comply in accordance with the rental terms set out in this Agreement in good faith.
1.4. Restrictions
Modifying and/or obtaining unauthorized access to the Power JAN Services, other than as provided in this Agreement, is prohibited.
You are prohibited from using the Power JAN Services, the Batteries and the Application in any manner other than as provided in this Agreement.
For purposes of this Agreement, and in particular for Section 1.7 of these Terms and Conditions, you acknowledge that the prohibition on tampering includes, but is not limited to: any drawings, holes, scratches, dents or modifications applied to the external battery leased under this Agreement.
1.5. Reporting of damage or accidents
The User undertakes to report to the Company any accident, damage, including personal injury or stolen or lost battery, as soon as possible. If an incident involves personal injury, property damage or a stolen battery, the User shall report the incident to the Company within 24 hours at the latest by phone +40752180088 or email: office@powerjan.eu. The User agrees that, during the rental period, he/she has the rented external battery at his/her own risk and is therefore responsible for any misuse, consequences, claims, demands, causes of action, losses, damages, injuries, costs and expenses, penalties or payments of any kind or any nature whatsoever, related to a battery, as long as the product remains under his/her responsibility.
1.6 Penalties
The User agrees to pay any fines, fees, penalties, court costs and/or any other charges incurred by the Company resulting from the User’s misuse of the External Battery, or as a result of the User’s violation of any law, rule, regulation and/or order while using the Services.
All disputes arising in connection with the execution of this Agreement or its interpretation shall be solved by the parties amicably, otherwise – they shall be referred to the competent courts of law, as provided for by applicable law.
1.7. User responsibility for battery use and damage
The User is obliged to return the battery to the Company in the same condition in which it was rented. The User further agrees that any attempt to recharge the battery by means other than a charging station operated by the Company shall be carried out at the User’s sole responsibility and that Power JAN shall not be held liable for any harmful consequences, financial, physical or otherwise as a result thereof.
1.8. Batteries
Batteries are electrical devices that require periodic charging to function properly. The user agrees to use batteries in a safe and prudent manner, bearing in mind that it is a battery of electricity and should be aware of all limitations and requirements associated with them.
User understands and agrees to each of the following:
– The level of charge remaining in the battery will decrease as the battery is used, and as the battery charge level decreases, the operational capabilities of the battery may decrease (or cease entirely).
– The battery charge level at the time the user starts renting or operating the battery is not guaranteed and may vary with each use.
– The rate of loss of charge power during battery use is not guaranteed and will vary depending on the battery, operating conditions, weather conditions and other factors.
– It is the user’s responsibility to check the battery’s charge level and ensure that the battery is functioning properly before beginning battery use.
– The time the user can use the battery before it loses charge is never guaranteed.
– The battery may run out of charge and stop working at any time during the user’s battery rental, including before the user’s device reaches the desired level of recharge.
– If the battery runs out of charge during the rental, the user will return the battery in accordance with all terms of this agreement. If an accident occurs because the battery is depleted, the Company will not be held responsible.
1.9. How to rent a Battery.
1. Download the Power JAN mobile app from Google Play or the App Store.
2. Register in the app
3. Attach a bank card to pay your rent.
4. Find the nearest station on the app map.
5. Scan the QR code at the station.
6. Take the battery from the station.
1.10. How to return a Battery.
1. Find the nearest point on the app map.
2. Get directions and get to the station.
3. Just insert the power bank into an empty slot in the station.
If the timer doesn’t stop after 30 seconds, check your internet connection and refresh the page, if this doesn’t help, contact support.
2. PAYMENTS AND FEES
2.1. Fees
User may use the battery on a pay-per-use basis (“Use” means unlocking the battery through the Power JAN mobile app and using it until it is returned to a Power JAN battery storage/charging station) or otherwise in accordance with the pricing described in the Power JAN mobile app or on the website. In each case, charges may be subject to applicable taxes and other local government fees that may be levied and collected by Company. The Company will charge the User (by bank card and/or credit/debit and/or any other payment method offered during the subscription process) the amount of the fees described in this Agreement.
2.1. Promocodes
The user can only benefit from promotional codes (discounts) via the Power JAN application. The company reserves the right to change or cancel discounts at any time. Discounts may not be transferred from one user to another and/or traded in any way.
2.2 Maximum rental period and pricing
Information about rental times and rates can be found on the Company’s website at www.powerjan.ro, and within the iOS and Android apps provided by Power JAN prior to any rental, or in accordance with the given Agreement, as follows:
The price of the service varies depending on the location and the city. To find out the exact price, please scan the QR code at the station. After familiarizing yourself with the prices, you will be able to rent the battery.
Cost of an External Battery – 250 RON-If you like the battery and don’t want to return it you can buy it, charge it at home as a standard battery
Unlimited monthly subscription – 29 RON – Monthly you can rent batteries unlimited, at the same time you can rent only one battery, return it to the terminal and immediately you can take another battery, you can repeat the procedure monthly unlimited.
Unlimited annual subscription – 290 RON – Yearly you can rent batteries unlimited, pay for 10 months and get 2 months of free use, at the same time you can rent only one battery, return it to the terminal and immediately you can take another battery, you can repeat the procedure yearly unlimited.
GOLD subscription – 370 RON – Yearly you can rent batteries unlimited, at the same time you can rent 3 batteries, return them to the terminal and immediately you can take other batteries, you can repeat the procedure yearly unlimited.
*All prices include TVA.
Cancellation of the requested rental service is allowed within the first 5 minutes after the Battery has been unlocked, without being charged for use within this time. If the Battery has not been returned within the mentioned free of charge period (5 minutes after unlocking), further use of the service shall be considered as accepted according to the established prices.
The maximum rental period of an external (portable) battery is 90 days.
The user agrees that he/she is fully responsible for the time allowed to use the battery and that the battery will be blocked after this time.
Batteries that are not returned within the maximum rental period will be considered purchased by the User at a price of 250 RON.
2.3.Valid payment methods
In order to be registered and use the Services, the User must provide in the Power JAN application a valid payment method accepted by the Power JAN rental means. User represents and warrants to Company that User is authorized to use any payment method provided in the Power JAN Application. The User authorizes the Company to charge the respective card or account for all charges incurred by the User. All payments are subject to applicable sales taxes and other local government fees that may be charged and collected by Company.
If the User contests any of his/her payments, then the User must contact the Company within 10 business days by the end of the month with the disputed payment and provide all information necessary to identify the contested payment, such as the date of the Use and the approximate start and end times of the Use associated with the disputed charge. The User agrees to inform the Company immediately of any changes to the payment method.
2.4.Payment pattern
The payment scheme for the use of the Services is available on www.powerjan.ro and within the Power JAN application prior to any rental.
The User understands and agrees that the above rates may be unilaterally changed by the Company at any time or from time to time at its sole discretion in accordance with Article 13 of this Agreement.
Upon unlocking the battery, an amount of 0.10 RON will be charged as a method of payment to the User at the beginning of the rental period as a guarantee/collateral. The return period of the pledge may last from one day to 30 days, depending on the card issuing bank (User’s bank).
3. ADDITIONAL CONDITIONS OF USE
3.1.Safety check
3.1.1 If at any time, either before, during or after the rental of any Battery, the User discovers any defect or observes any other potentially unsafe condition of any Battery, however slight, the User must not use the Battery or, if already using the Battery and/or the Services, the User must immediately cease using the Battery if the User has any concerns about its safety.
3.1.2. The User is responsible for immediately reporting the battery defect or malfunction to Power JAN within the first 5 minutes of use.
3.1.3. The user is obligated to supervise the battery throughout its use and to intervene whenever he notices a potential state of unsafety.
3.1.4 If the User does not strictly comply with the above requirements, he/she shall be fully and completely liable for any consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs, penalties, court costs and/or payments of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, with subsequent compensation for the consequences caused.
3.2. Loss or theft of battery
A battery may be considered lost or stolen if the facts, circumstances and evidence suggest to the Company that the data and events are true.
The Company and You as the User agree that the last user of the battery will be responsible for the loss or theft of the battery unless the facts and circumstances suggest otherwise. If the Company, based on the evidence presented, acknowledges that a battery has been lost or stolen, the Company shall have the authority to take all actions it finds appropriate (with respect to the last user of a battery or otherwise), including but not limited to obtaining restitution and other appropriate compensation or damages and filing a report with the appropriate authorities. Consumer agrees that the data generated by the Power JAN application system is conclusive evidence of how long a battery has been used by a user. User agrees to report the disappearance or theft of the battery to the Company immediately or as soon as possible.
3.3. Limitations on availability of Power JAN services
The Company makes every effort to provide the Services 365 days a year, but does not guarantee that the Services will be available at all times because unforeseen events or other circumstances may prevent their provision. Access to the Services is also subject to battery availability. The Company does not represent or warrant the availability of any Service or the availability of any battery at any time, even if the battery is marked as available in the mobile application.
3.4. Access licence
Subject to User’s strict compliance with this Agreement, Company grants User a limited, revocable, non-exclusive, non-transferable license to access and use the Services or the content thereof. This license does not include: any resale or commercial use of the Services or their content; any collection and use of any products, descriptions or prices; any derivative use of the Services or their content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, cookies or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any component of the Services may not be reproduced, sold, resold, targeted or otherwise exploited other than as provided herein for any purpose other than as provided herein without the Company’s written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by the Company.
3.5 Copyright and ownership
All content featured or displayed on the Services, including but not limited to: text, graphics, photographs, images, moving images, sound and illustrations (“Content”), is owned by the Company, its licensors, suppliers, agents and/or content providers. All elements of the Services, including but not limited to the overall design and Content, are protected by trade dress, copyright, moral rights, trademark and other intellectual property rights laws. The Services may only be used for the intended purpose for which the Services are made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or works contained in these Services. Except as authorized by copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available in the Power JAN Services. You will comply with all applicable national and international laws, statutes, ordinances and regulations regarding Your use of the Services. The Services, its content, and all related rights, shall remain the exclusive property of Company or its licensors, vendors, agents and/or content providers, unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from materials found in the Services listing.
3.6 Trademarks without approval
All trademarks, service marks and trade names of the Company and those used herein (including, but not limited to: the Power JAN name, the Power JAN company logo, the name of the Services, the design of the Services and/or any logos) hereinafter referred to as the “Marks”, are trademarks or registered trademarks of Power JAN or its affiliates, partners, suppliers or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Power JAN Trademarks in any way, including in advertising or in the distribution of advertising materials related to the Services, without the Company’s prior written consent. You must not use the Power JAN name or any text, images or symbols that might, in the opinion of Power JAN, imply Company endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book , or other written materials of any nature, without the prior consent of Company.
3.7 Account registration and security
To access the Services, you will need to create an account. In order to do so, You shall (a) provide true, accurate, current and complete information about Yourself as prompted on the registration, login or subscription page for the Services (such information being “Registration Data”) and You shall (b) maintain and promptly update Your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider shall have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any part thereof). You are responsible for the security and confidentiality of your password and account. In addition, you are responsible for all activities that occur under your account. Do not share your account information or your username and password with any third party, or allow any third party to connect to the Services using your account information. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited to your situation and intended use of the Services. We have the right to provide user billing, account, content or usage records and related information in certain circumstances (such as in response to legal liability, legal process, orders, subpoenas or warrants, or to protect our rights, customers or business).
3.8 User feedback policy
Where the Company has specifically requested feedback or comments, the Company encourages you to submit content (e.g., comments on blog posts, participation in communities, tips, etc.) for consideration (hereinafter referred to as “User Feedback”). User Feedback remains the intellectual property of the individual user. By posting content on our site, you expressly grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, worldwide, fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display your content and your name, voice and/or likeness, contained in Your User Feedback, in whole or in part, and in any form, media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising and any other ancillary uses thereof, including the unrestricted right to sublicense such rights. Any such user feedback is considered non-confidential, and Company has no obligation to keep confidential any information, in any form, contained in any user feedback.
3.9 Non-conforming user feedback
The Company does not encourage or seek feedback from users resulting from any activity that: (i) may create a risk of loss, physical or mental injury, emotional distress, death, disability, physical or mental disfigurement, to any other person or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not engaged and will not engage in any of the above activities in connection with the production of your User Feedback. Without limiting the foregoing, you agree that, with your consent, you will not cause emotional distress to others, humiliate others (publicly or otherwise), assault or threaten others, trespass on private property without permission, or otherwise engage in any activity that may result in injury, death, property damage and/or liability of any kind. The Company will reject any user feedback that it believes, in its absolute discretion, such activity has occurred. If you are notified of a submission that is believed to violate any provision of this Agreement, Company reserves the right to determine, in its absolute discretion, whether such violation has occurred and to remove any such feedback from the Services at any time without notice.
3.10 Inappropriate materials
User is prohibited from using the Services to post or submit any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates the intellectual property of others or that could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You also agree that feedback or the posting of unsolicited advertisements or “spam” on or through the Services is expressly prohibited by this Agreement. In addition, if we determine, in our absolute discretion, that you have violated or are likely to violate the above prohibitions or any applicable rules or policies related to this Agreement, we may take any action we deem necessary to cure or prevent the violation, including but not limited to prohibiting your use of the Services and/or immediately removing related materials from the Services at any time without prior notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting any such materials.
3.11 Access and interference
You agree not to use any robot, virus or other automated means to access the Services for any purpose without our express written permission. You further agree that you will not: (i) take any action that imposes or may impose, in our absolute discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere with or attempt to interfere with the proper working of the Site or any activities conducted on the Services; or (iii) circumvent any measures we may use to prevent or restrict access to the Services.
3.12 Liaison with third parties
At times, the Power JAN Services may contain links to websites that are not owned, operated or controlled by the Company or its affiliates. All such links are provided exclusively for your convenience. If you do not use these links, you will not be able to use the Services. Neither we nor any of our affiliates are responsible for the content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, warrant or make any representations or warranties about other websites, or any content, materials or other information located on or accessible from other websites or the results that you may obtain from using any other website. If you decide to access any other websites linked to or from the Services, you do so entirely at your own risk.
3.13 Declarations and warranties
You hereby represent that you have full legal capacity in other words: you have attained the age of 18, you have the right and authority to enter into this Agreement, you are fully able and competent to perform the terms, conditions and obligations of this Agreement, and your use of the Services is and will be in compliance with all applicable laws. You represent that you have read, understand, agree to and will abide by the terms of this Agreement. You further represent and warrant that Your User Feedback and all elements thereof are: (a) solely owned or controlled by You, you have the prior written permission of the rightful owner of the content included in your User Feedback; and (b) Company’s use of your User Feedback, as described or provided for herein, does not and will not infringe the copyrights, trademark rights, rights of publicity or other rights of any person or entity, violate any law, regulation or right of any nature, or otherwise give rise to any actionable claim or liability, including but not limited to rights of publicity and privacy, and defamation. In addition, you will be solely responsible for your own user feedback and the consequences of posting or publishing it.
3.14. Justification due to an impediment
Neither the Company nor You shall be responsible for damages or for delays or failures in performance resulting from acts or events beyond their reasonable control, including but not limited to: emergency, pandemic, fire, lightning, explosion, power surge or malfunction, flood, war.
Apart from other cases provided for by law, non-performance is justified to the extent that the party claiming non-performance demonstrates one of the following circumstances:
-it is due to an impediment referred to in paragraph 3.3 of this Agreement
-the other party to the contract has caused non-performance of the obligation for the first party, including by delay or by the first party suspending performance of the obligation.
-Non-performance by a party is excused if it is due to an impediment beyond its control and the party could not reasonably be required to avoid or overcome the impediment or its consequences.
-Where the obligation arose from a contract or other legal act, non-performance is not excused if the party claiming non-performance could reasonably have taken the impediment into account at the time of conclusion.
-If the impediment is only temporary, the justification shall have effect for the duration of the impediment. However, if the delay takes on the character of fundamental non-performance, the other party may rely on legal defences based on such non-performance.
-If the justifying impediment is permanent, the obligation is extinguished. The correlative obligation is also extinguished.
-The party claiming non-performance has an obligation to ensure that the other party receives notice of the impediment and its effects on the ability to perform within a reasonable time after the first party knew or ought to have known of those circumstances. -The party informed of the non-performance shall be entitled to damages for any harm resulting from the non-receipt of such notice.
-The impediment which justifies non-performance does not exempt the party claiming non-performance from the payment of damages if the impediment arose after the non-performance of the obligation, unless the other party would not have been able, because of the impediment, to benefit from the performance of the obligation anyway.
3.15 Network characteristics
The Services may offer certain features and services that are available to you through your mobile device. These features and services may include the ability to access Services features and upload content to the Services, receive messages (including text messages and SMS) from the Services, and download applications to your mobile device (“Network Features”). Standard messaging, data and other charges may be levied by your carrier. Charges may appear on your mobile bill or may be deducted from your prepaid account. You should check with your mobile operator to find out what charges are available and how much they cost. Contact your operator if you have any questions about these issues. Confirm that you are the current subscriber and/or user of the mobile phone number registered with the Services and authorised to incur any message or data charges that may be levied by your operator. You are strictly prohibited from registering a mobile phone number that is not yours. If any information provided is found to be false or inaccurate, we reserve the right to suspend or terminate your access to the Services at any time. The use of the Services by Users is completely voluntary – At the same time we inform you that we are in a continuous process of development so that the consumer experience of renting portable batteries is positive and oriented towards ensuring: speed, convenience and transparency.
You agree that, with respect to the mobile network features to which you are registered, we may send communications to your mobile device regarding us or other parties. You agree to notify us of any changes in your contact information (including phone number) and to update your registration account in the Services to reflect the changes.
You must notify the Company immediately of any breach of security or unauthorized use of your mobile phone. Although the Company will not be liable for your losses caused by unauthorized use of your mobile device, you may be liable for losses to the Company or others due to such unauthorized use.
4. Membership termination
You have the right to cancel the Agreement at any time after notifying the Company. To terminate this Agreement, please send an email to the following address: office@powerjan.eu. If you terminate the Agreement: (i) All rights granted to You will terminate immediately; (ii) You will discontinue all use of such Services and/or use of the External Batteries; and/or (iii) You will be obligated to pay the Company all outstanding and unpaid amounts. Upon termination, you will lose access to all Services.
Company, reserves the right upon written notice (the term “written” herein includes email), to terminate this Agreement and/or suspend Your access to their Services, if:
(a) You fail to pay the Company any amount outstanding under this Agreement and/or
(b) You materially breach any terms or conditions of this Agreement. Upon termination of this Agreement for any reason, your access to and use of the Services will cease.
5. CONFIDENTIALITY. PERSONAL DATA PROCESSING
By providing personal data you also implicitly accept the privacy and security policy below.
Protection of information during the processing of your personal data is a major concern of the Company, therefore all data collected during the use of Power JAN services are processed in accordance with the legal provisions valid in the state where this site is maintained, namely Romania.
By using Power JAN services you understand and agree that all personal information held by Power JAN and belonging to users, including all names, addresses, phone numbers, email addresses, passwords, payment information and other information will be kept by the Company in accordance with their confidentiality and Privacy Policy, provided however that: (i) if there is any situation in which you can not communicate personal information to the competent authorities, then the Company may provide them, at our absolute discretion, your name, address, telephone number and other information to such authorities, (ii) if the Company receives a request from a court or other authority, then the Company will provide all requested information in accordance with applicable law, and (iii) the Company may disclose aggregate and other data about you in accordance with applicable law.
The Company may also disclose individual data to a third party with your express permission and consent (e.g. enrollment in a survey).
The provision of personal data implies your consent to personal data being stored and processed by the Company.
In accordance with the requirements of Law No. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, as amended and supplemented, and Law No. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, the Company is obliged to manage safely and only for the specified purposes, the personal data you provide us about yourself or another person.
We use your personal data to be able to provide you with the requested services and to improve the functioning of our Application.
In order to benefit from Power JAN services, you will need to provide certain personal data. Your refusal to provide this data will make it impossible for us to use the Power JAN services and to carry out our commercial relations.
The information provided by you and recorded is intended for use by the operator and is not disclosed to third parties except in the situations specified by the legislation in force.
In accordance with Law no. 677/2001, you have the right of access, the right to intervene on data, the right not to be subject to an individual decision and the right to appeal to the courts. At the same time, you have the right to object to the processing of personal data concerning you and to request the data to be deleted.
The company collects personal data on the Power JAN website and application pages for the following purposes: validation, dispatch and invoicing of orders to the User, resolving cancellations or problems of any kind related to an order or contract, to the services purchased by the User; to ensure the User’s access to the service; sending newsletters and/or periodic alerts, in exclusively electronic format; contacting the User, at his/her voluntary request; contacting the User, in matters of Customer Relations; statistical purposes.
The personal data collected are:
● Name and Surname
● photo containing the user’s portrait
● Email address, Facebook ID
● Phone number, address and other billing data.
The company keeps this data for as long as the user has an active account on the platform.
9. Your rights under the European General Data Protection Regulation 216/679/EU are:
The right to withdraw a consent given at any time to stop a data processing based on your consent. Withdrawal will not affect the lawfulness of the processing based on the consent given prior to the withdrawal, for the performance of a contract, to fulfil a legal obligation or to pursue our legitimate interests.
Right of access – means that you have the right to obtain confirmation from us whether or not we are processing personal data about you and, if so, you have access to that data and information on how that data is processed.
The right to data portability – this refers to the right to receive personal data in a structured, commonly used and machine-readable format by us, as well as the right to have such data transmitted directly to another controller, if technically practicable.
The right to object – concerns your right to object to the processing of personal data when the processing is necessary for the performance of a task carried out in the public interest or in the legitimate interest of the controller. Where the processing of personal data is for the purpose of direct marketing or processing carried out on the basis of express consent, you have the right to object to the processing at any time.
Right to rectification – refers to the correction, without undue delay, of inaccurate personal data. The rectification will be communicated to each recipient to whom the data was transmitted, unless this proves impossible or involves disproportionate efforts.
Right to erasure of data (“right to be forgotten”) – means that you have the right to request the erasure of personal data, without undue delay, if one of the following grounds applies: they are no longer necessary for the purposes for which they were collected or processed; you withdraw your consent and there is no other legal basis for the processing; you object to the processing and there are no other legitimate grounds for
personal data have been unlawfully processed; personal data must be deleted to comply with a legal obligation; personal data have been collected in connection with the provision of information society services.
The right to restrict processing – can be exercised if the individual disputes the accuracy of the data for a period necessary to verify the accuracy of the data; the processing is unlawful and you object to the erasure of the personal data and request restriction instead; if the Company no longer needs the personal data for processing purposes but the individual requests it for the establishment, exercise or defence of a legal claim; if the individual has objected to the processing for the period of time during which it is verified whether the legitimate rights of the controller prevail over those of the individual.
Right to lodge a complaint – complaints about the processing of personal data may be addressed to the National Supervisory Authority for Personal Data Processing. To exercise these rights, as well as for any further questions regarding this information or in relation to the Company’s use of personal data, please contact our Data Protection Officer by choosing any of the communication methods
described below.
To exercise these rights, you may send a written request, dated and signed to Splaiul Unirii 6, block B3A, staircase 1, 5th floor, apartment 20 , by e-mail to: office@powerjan.eu or by phone: +40752180088. You also have the right to appeal to the courts.
Your data will not be transmitted to other countries outside the European Union.
Further details as well as possible updates of this notice on the protection of your data can be found on the website of the National Supervisory Authority for Personal Data Processing: http://www.dataprotection.ro/
6 COMMUNICATIONS AND CONSENT TO BE CONTACTED
6.1. The User verifies that any contact information provided to Company, including but not limited to: his/her name, email address and mobile phone number, is true and correct. You confirm that you are the current subscriber or owner of any phone number you have provided to us. If any of Your contact information changes, including Your phone number, You agree to use the Power JAN app or website to change these details in accordance with the procedure accepted therein. In case of problems, please contact us at office@powerjan.eu.
6.2 By voluntarily providing phone numbers to the Company, the User expressly agrees to receive text messages related to his/her registration. Consent to receive automated marketing calls/messages is not a condition of rental or purchase. You acknowledge that you may incur a charge for calls or text messages from your telephone carrier and that Power JAN is not responsible for such charges.
6.3 The User agrees that the Provider may obtain and the User expressly agrees to be contacted at e-mail addresses provided by the Provider directly or obtained by other means. You agree to receive emails even if you cancel your account or terminate your cooperation with us, unless you permanently quit. You may opt-out by emailing office@powerjan.eu with the subject “Opt-out”. Please allow up to thirty (30) days to process any opt-out request. You may also use any other means offered by the Company through the Power JAN application or on its website. It is Your sole obligation to notify Power JAN that You do not wish to receive emails by following the instructions in this section. You waive any rights to complain about unauthorized, unsolicited or unwanted emails or text messages by opting out immediately and in accordance with these instructions. Please note that if you opt-out of automated emails/texts, we reserve the right to send you non-automated emails/texts.
7. SUBSCRIPTIONS
The Company may offer monthly subscriptions for the use of external batteries, subject to specific terms and conditions, which must be accepted separately by the User.
8. CONTACTS
The company can be contacted by e-mail at: office@powerjan.eu or by mail at: Mun. Bucharest, Sector 2, Șos. Colentina nr. 16, Bl. A5, ap.B44, Sector 2. Tel: +40752180088 or
Splaiul Unirii 6, block B3A, staircase 1, floor 5, apartment 20
9 LEGISLATION
This Agreement shall be subject to and interpreted and enforced in accordance with Romanian law.
For each dispute relating to this Agreement: (i) the prevailing party shall be entitled to reasonable costs, expenses and attorneys’ fees (whether incurred at trial, on appeal or otherwise) incurred in resolving the dispute, in addition to any other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the territory in which the battery is used and agrees that such courts shall have jurisdiction over each party.
10. DISPUTE SOLVING
If any controversy, allegation or claim arises out of or relating to the Services, Content, User Feedback, this Agreement, whether now or hereafter arising (hereinafter referred to as a “Dispute”), or with reference to any of the Company’s intellectual property rights, actual or asserted, then You and the Company agree to send written notice to the other party providing a reasonable description of the Dispute, together with a proposed resolution thereof. Our notice to you will be sent based on the most recent contact information you provide to us. If there is no such information or if such information is not current, then there is no obligation under this Article.
Your notice (“Notice”) to us should be sent to: ENAIZOBOLS S.R.L., Mun. Bucharest, Sector 2, Șos. Colentina nr. 16, Bl. A5, ap.B44, Sector 2. Within a maximum of thirty (30) calendar days from the date of receipt of the notification, the Company undertakes to send a reply, also in writing, to the aforementioned notification, with the necessary clarifications regarding the matter in question. The Company and you will enter into a dialogue to try to resolve the dispute amicably. The parties will make every effort through this process to resolve any dispute, claim, question or disagreement, and to engage in good faith negotiations, including mediation.
In the event that it is not possible to resolve disputes amicably, the parties will apply to the competent courts in Romania.
11. EXONERATION
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 and severable from each other and no provision shall be affected or invalidated, or rendered unenforceable, by virtue of the fact that for any reason any other provision or provisions of this Agreement may be invalid or unenforceable in whole or in part.
12. CUMULATING REMEDIES
All rights and remedies granted under or referenced in this Agreement are cumulative and non-exclusive, and resort to one shall not preclude the availability or enforceability of any other right or remedy provided by law.
13. FINAL REVISIONS
This Agreement contains the full, final and exclusive integrated agreement between the Parties relating to its subject matter. This Agreement supersedes all prior agreements, written or oral, relating to such subject matter.
At any time and from time to time, and without the User’s consent, the Company may unilaterally amend this Agreement in its sole discretion. By continuing to use any of the Power JAN services after notice of any such modification, User agrees to abide by all such modifications. The User should carefully review this Agreement on a regular basis to be aware of any changes. Whenever a change is made to this Agreement, the Company will post a notice on the Site and/or the App. Prices set forth on the Website supersede all prices set forth in this Agreement.
14. VOLUNTARY PERFORMANCE OF THIS AGREEMENT
This Agreement is entered into voluntarily, with consideration, in good faith and without any undue coercion or influence by or on behalf of the Company. The User acknowledges that: (a) he has read this Agreement; (b) understands the terms and consequences of this Agreement, including the versions it contains; and (c) is fully aware of the legal and binding effect of this Agreement.
ACCEPTANCE OF AGREEMENT BY USER
I certify that I have read and expressly agree to the terms and conditions. I declare and certify that I am familiar with the operation of the battery/services.