This Agreement creates binding legal obligations on you. If you do not agree to any of the
terms of this Agreement, please do not access the Platforms, use any of the services offered
through the Platforms or register an account for such services.
1.1 These terms and conditions constitute the agreement (“Agreement”) between you (“User”)
and KEEP IN TOUCH SELLING PRODUCTS & SERVICES BY AUTOMATIC VENDING
MACHINES L.L.C. and our affiliates (“we,” “us,” or “KEEP IN TOUCH”) regarding your use
of KEEP IN TOUCH powerbank sharing service (“Service”) in the United Arabic Emirates, and
applies to our website https://www.kit-rent.com (“Website”) and to the KEEP IN TOUCH
application for mobile devices (“KEEP IN TOUCH App”) using operating systems such as IOS
and Android (the Website and the KEEP IN TOUCH App are collectively called the “Platform”).
1.2 Your use of the Service is subject to this Agreement, our privacy policy (“Privacy Policy”),
our personal data policy (“Personal Data Policy”) and our payment and refund policy
(“Payment and Refund Policy”) which are located on the Platform. You agree to accept our
Privacy Policy, Personal Data Policy and Payment and Refund Policy which constitute integral
parts of this Agreement.
1.3 We reserve the right to modify the terms of this Agreement at any time. Such changes will
become effective when we post the modified Agreement on the Platform. Each time you use
the Platform or the Service, the then-current version of this Agreement will apply. If you use
the Platform or the Service after a modification of this Agreement, you agree to be bound by
the terms of this current version of the Agreement as modified.
1.4 This Agreement contains important information regarding your rights with respect to the
Platform and the Service, including your relationship with us. Please read this Agreement
carefully and review this Agreement regularly.
2. USER QUALIFICATION
You warrant and represent that:
(a) you are aged 18 years or over; and have the requisite mental and legal capacity to enter
into this Agreement and use the Services.
(b) any information you submit to us when using the Service is accurate, complete, and
current;
(c) your use of the Service does not violate any applicable law or regulation.
3. USER REGISTRATION
3.1 You shall register with the Platform through mobile phone verification or to become a
registered user on the Platform. You acknowledge and agree that the information you provide
during the user registration process is accurate and complete, and you shall promptly notify
us of any changes to the information.
3.2 The user account (“Account”) you create following the registration process shall be
personal to you. You may not transfer your Account to anyone else, nor permit or assist others
to use the Service through your Account, except for those individuals or businesses that have
been expressly authorized by us to create accounts on behalf of their employers or customers.
3.3 After successfully completing the User registration process, you may start using the
Service through the Platform in accordance with this Agreement.
3.4 We reserve the right to suspend, deny or revoke your access to your Account, the Platform
and/or the Service at any time and at our sole discretion. If you are suspended or have been
denied or had your access revoked, you may lodge a User complaint to help@kit-rent.com
4. ACCOUNT SECURITY
4.1 You are responsible for the security of your Account including login information and
password(s). Please ensure that you log out at the end of each session when using the
Website and leave the Platform following the correct steps. If you disclose your Account
information you may be responsible for any losses and consequences of such acts.
4.2 You shall be responsible for all the actions and results carried out under your Account
(including, but not limited to, using KEEP IN TOUCH powerbanks (“KEEP IN TOUCH
powerbanks”), returning KEEP IN TOUCH powerbanks, releasing information, disclosing
information) whether the actions and results have caused any damage to yourself, us or a
third party.
4.3 You must notify us via the Platform immediately if you become aware of any unauthorized
use of your Account, or other situation that may cause theft or loss of your Account. Upon
notice of unauthorized use, we will temporarily lock your Account, but you acknowledge that
doing so takes a reasonable amount of time, and it will not be immediate.
4.4 Your Account may only be used by you and may not be shared with any other person. You
agree:
(a) to keep your Account details private at all times;
(b) to keep the login verification code to your Account safe and confidential;
(c) not to transfer any part of your Account to anyone else; and
(d) to comply with all applicable laws and the terms and conditions in this Agreement in
connection with your Account.
4.5 You shall be responsible for all actions and transactions made through your Account
unless you have closed it or reported any misuse of your Account to us via the Platforform.
5. USING THE SERVICE
5.1 Using KEEP IN TOUCH SERVICE:
(a) You must first download the KEEP IN TOUCH app available in the App Store or Google
Play. You’ll need to create or log into an KEEP IN TOUCH account, providing a valid mobile
number and entering the one-time-passcode we send to that number.
(b) Approach the station and type in or scan the QR code in front of a station. This will release
a power bank for you to use. If you’re seeking a station, explore the map in the app.
(c) You must promptly notify KEEP IN TOUCH of any problem or issue with the battery via
the KEEP IN TOUCH App or customer service email: help@kit-rent.com
(d) Subject to Clause 10.1 of this Agreement, if you proceed to use a KEEP IN TOUCH
powerbank in circumstances where:
(i) you have been advised or otherwise informed;
(ii) it is visually apparent and/or
(iii) your inspection indicates, that such KEEP IN TOUCH powerbank is damaged, defective
or otherwise unsuitable to be used, you will be solely responsible, and we will not be
responsible for any damage or injury to your body or property or the body or property of any
third party arising from the use of such KEEP IN TOUCH battery.
(e) You must use the KEEP IN TOUCH powerbank in a reasonable, considerate and lawful
manner. You may not damage it or restrict others from using it, including, but not limited to,
damaging, vandalizing, extinguishing or concealing the KEEP IN TOUCH powerbank,
removing the cable or other conduct that prevents use of the KEEP IN TOUCH powerbank by
others.
(f) You must return the KEEP IN TOUCH powerbank in the same condition in which it was
rented. If the KEEP IN TOUCH powerbank is returned damaged or in a state of disrepair, then
you will be charged a fee that is equal to the cost of repair.
(g) You may not hire out an KEEP IN TOUCH powerbank to anyone else, nor may you use an
KEEP IN TOUCH powerbank for conducting any business activity.
(h) In addition to, and not intended to limit, any other restrictions inconnection with your use
of an KEEP IN TOUCH powerbank, you may not:
(i) Modify, dismantle, write on, attach accessories to or otherwise alter or deface an KEEP IN
TOUCH powerbank or any part of an KEEP IN TOUCH powerbank in any way, or use an
KEEP IN TOUCH powerbank for any advertising or similar commercial purpose;
(ii) Allow others to use an KEEP IN TOUCH powerbank that you have checked out.
(k) In connection with your use of any KEEP IN TOUCH powerbank and the Platform, you
represent and warrant, as of each time immediately before using any KEEP IN TOUCH
powerbank that:
(i) you acknowledge that KEEP IN TOUCH does not guarantee that any KEEP IN TOUCH
powerbank will be available at the time and in the place, you wish to use one, especially at
times of high demand;
(ii) you acknowledge that KEEP IN TOUCH does not guarantee that you will be able to return
the battery at all times once it has been rented, if all stations in the user’s vicinity are full of
batteries. If this does occur, please contact support via the app.
(iii) KEEP IN TOUCH provides KEEP IN TOUCH powerbanks only as a convenience, and
such rental availability is intended to be used only by those persons who are able and qualified
to operate an KEEP IN TOUCH powerbank on their own and who have agreed to all of the
terms of this Agreement.
6. COMPLAINTS
6.1 In the event that at any time you have a complaint or dispute regarding the Service or the
Platform you can notify us via the Platform or by sending an email to our customer service
email at help@kit-rent.com
7. BREACH
7.1 You acknowledge and agree that in order to protect the rights and interests of other users
of the Platform and KEEP IN TOUCH, we may take the following actions without notifying you
in advance if we determine, in our sole and absolute discretion, that you have breached any
of the terms of this Agreement:
(a) If your breach results in any loss, harm, expense, cost or diminution in value to us (including
the cost of management time), we will deduct a corresponding amount from your Account
balance to compensate for such loss according to the schedule of charges displayed on the
KEEP IN TOUCH App;
(b) We may suspend your Account or permanently block you from using the Platform.
7.2 After any of the above actions is taken, we will text you a notification message. If you have
any question regarding our handling of your violation, you may appeal to our customer service
email at help@kit-rent.com
8. OWNERSHIP AND INTELLECTUAL PROPERTY
8.1 Your agreeing to this Agreement and becoming a User only entitles you to the Service in
accordance with the terms and conditions set out in this Agreement. There is no other
authorisation, cooperation, partnership or agency between you and us.
8.2 You acknowledge that all intellectual property rights in and to the Platform (including
copyright, trademarks, trade names, logos, source and object codes) and relevant proprietary
confidential information in the Platform is and shall remain the exclusive property of us or our
licensors and nothing in this Agreement shall operate to transfer any intellectual property rights
in and to the Platform or any other intellectual property rights owned by us or our licensors to
you. You acknowledge and agree that, without the express written authorisation of the owner
of such intellectual property rights, you may not use, modify, rent, let, sell, transmit or otherwise
violate the above intellectual property rights (such as reverse engineering, decompiling).
8.3 The name and logos of KEEP IN TOUCH are trademarks and trade names of ours and
may not be duplicated, imitated or used in whole or in part without our prior written approval.
In addition, you acknowledge and agree that all pages, text, graphics, images, button icons
and scripts on the Platform form are owned by us and you shall not, or cause any third party
to, duplicate, imitate or use in whole or in part without our prior written approval.
8.4 We grant you a limited, royalty-free, non-exclusive, personal, revocable and nontransferable, license to download and use the KEEP IN TOUCH App for your own personal,
non-commercial purposes, subject to your compliance with this Agreement. You may use the
KEEP IN TOUCH App and our Service only as permitted by this Agreement.
8.5 You agree that we may access, store and use any information that you provide so long as
we comply with the terms of the Privacy Policy and your privacy settings. During the applicable
copyright protection period, you hereby grant us and our affiliates a royalty-free license to use
such information by means that include storage, usage, duplication, revision, editing,
publication, exhibition, translation and dissemination, or include such information in other
works using mediums currently known or to be developed in the future. Such use license shall
be global, non-exclusive, transferable and sub-licensable and permit the use without the
consent of you or any other person or the need to notify you or any other person, so long as
the following conditions are met:
(a) You may terminate your license by deleting certain content you have provided or closing
your account on the Platform, unless it takes some time to remove the content from the backup
system and other systems.
(b) We will not use your content to advertise other products and services (including sponsored
content) without your consent.
(c) We shall obtain your consent if we intend to grant others the right to release your content
outside the Platform.
(d) We may edit your content and adjust its format (such as translating it, modifying the font,
layout or file name or removing metadata), but we will not modify its meaning.
(e) With regard to any suggestion or other feedback about the Service you submit, you agree
that we may (but are not obliged to) use and share such feedback for any purpose without any
compensation to you.
9. INDEMNIFICATION
9.1 You agree, without limitation, to indemnify and hold KEEP IN TOUCH and its employees
and agents harmless from any liability arising out of or in any way connected to your use of
any KEEP IN TOUCH powerbank or the Platform caused by your acts, omissions or
negligence.
9.2 You agree to indemnify and hold KEEP IN TOUCH and our associated parties jointly
providing the Service with us, harmless from all liabilities, claims, losses, damages, expenses,
costs (including legal fees incurred at trial, on appeal, or otherwise), debts, fines, penalties
and charges, whether direct or indirect, including consequential, exemplary, incidental,
special, punitive, lost profits, or otherwise that arise out of or relate to (i) your misuse or inability
to use the Platform, (ii) your misuse of any information on or from the Platform, (iii) any
unauthorised access or alteration of your transmission or data in connection with the Platform,
(iv) any prohibited or malicious action or inaction by you that disrupts the Platform or the
Service.
9.3 If your conduct causes us to pay third parties’ claims, we may claim from you for all the
losses after we undertake monetary and other obligations to third parties.
10. TERMINATION OF THIS AGREEMENT
10.1 User Termination. You may terminate this Agreement in any of the following ways:
(a) If you notify us via the Platform at any time that you wish to cease using the Service and
the Platform;
(b) If you cease using the Service and the Platform and expressly reject any changes to this
Agreement before such changes become effective.
10.2 Termination initiated by KEEP IN TOUCH. We may terminate this Agreement in any of
the following ways:
(a) If you breach any of the terms of this Agreement;
(b) If you fail to pay any sums due under this Agreement within 7 days of the date due;
(c) If in our opinion your continued use of the Service or the Platform would be detrimental to
the Service, the Platform or other users;
(e) If you expressly reject any changes to this Agreement notified to you from time to time.
10.3 Settlement after Termination
(a) Upon the termination of this Agreement, we shall still have the rights to make claims against
you in accordance with this Agreement for any prior breaches by you or any outstanding
financial obligations you may have.
11. COVENANTS AND PROHIBITIONS
11.1 Covenants. You shall ensure that your conduct is in compliance with the following
requirements when you access or use the Service:
(a) Compliance with all the applicable laws, including but not limited to tort law, privacy laws,
intellectual property laws, tax laws and regulatory requirements;
(b) Provision of accurate information and updating them in a timely manner;
(c) Using your real name, identity and other personal information in the personal data file;
(d) Using the Service in a civilized and proper manner.
11.2 Prohibitions. You covenant that you will not use the Platform to conduct any illegal activity
or any of the following acts:
(a) Using the Platform when you do not have the legal capacity, or you are suspended from
using the Service temporarily or permanently;
(b) Transferring your Account to any third party without our consent;
(c) Infringing others’ legal rights and interests in any way through the Platform, including
collecting any other person’s login information or other personal information, using or
attempting to use any other person’s account, harassing, insulting, threatening, coercing or
hurting any other person, or sending any other person junk mails or other unwelcome
messages or infringing any other persons’ intellectual property rights, etc.;
(d) Interfering or sabotaging the Platform, its server or its network, or creating unreasonable
or inappropriate load on our server or system by any means, or conducting any activity that
may result in breakdown, overloading or damages (including spreading worms, viruses,
spywares, malwares or other destructive codes) or implanting content or codes on user
browsers or devices, or altering or disturbing the render effects or display of our website on
the user browser or device by other means, or uploading viruses or other malicious codes;
(e) Without legal authorisation, using techniques on purpose to intercept, tamper, steal, record,
visit, collect, store, use, spread, disclose or delete information that you are not authorised to
access from the Platform, such as other users’ personal information, content or data relating
to competitive services (determined at our discretion) or other confidential information which
does not belong to you;
(f) Violating or evading any laws or any of our policies or rules or any decisions about your
Account status;
(g) Taking any action to evade our technical and security measures;
(h) Infringing our intellectual property rights or other rights, including but not limited to using
KEEP IN TOUCH or our other commercial logos in any commercial name, email or website,
deleting any notification contained in our services on copyrights, trademarks or other
ownership, damaging any of our patents, copyrights, proprietary technology, programs,
software or data base information that we possess or legally use, through copying,
disseminating, publicizing, decoding, partitioning or producing derivatives etc.;
(i) Without our explicit consent, implying or stating that you are an affiliate of the Platform or
have any agency relationships with it.
(j) Without our permission, renting, leasing, lending, borrowing, trading, selling or reselling our
services or other relevant information or data, or monetizing or commercializing any of our
service functions;
(k) Deleting, shielding or hiding any advertisement in our services;
(l) Using automatic programs or other automatic methods to visit our service, adding or
downloading address books or sending or redirecting messages;
(m) Duplicating, modifying or creating derivatives of the Platform or any other relevant
technologies (except otherwise authorised by us), or monitoring the usability, performance or
functions of our services for competition purposes, or participating in establishing frame,
making mirror images or other activities of imitating the appearance of our website or
functions, or changing, modifying, re-editing or altering our services, or changing, modifying
or altering other websites in order to create a wrong impression that such websites are related
to our services.
(n) Visiting our Service via web pages not expressly provided by us;
(o) Rewriting any security functions of our Services or the Platform;
(p) Assisting or encouraging any violation of this Agreement or our policies;
(q) using our Service and KEEP IN TOUCH powerbanks for any unlawful or illegal activity or
which would be considered offensive and/or antisocial behavior; an
(r) Any other unlawful conduct detrimental to the Service and/or the Platform.
11.3 Although we impose standards for conduct on our users, we do not control or regulate
our users’ conduct on the Platform. Therefore, we will not be responsible for any content or
information disseminated or shared by the users on the Platform. If you believe that a user
has violated the terms of this this Agreement or any of our policies, then please contact us.
Although we try to maintain a safe environment, we are not responsible for the posts of any
users and disclaim any liability for the conduct or content of any users. If you, under any
circumstance, and without our authorisation, commit any prohibited act, or publicise or
disseminate any prohibited information, you will be solely responsible for all related liabilities
and risks.