Information Collection and Use
Your provision of personal data to us is voluntary. If you choose not to provide us with your personal data, it may not be possible for us to provide you with access to our Platforms or the services that you require.
“Personal data” is data that can be used to identify a natural person. During your access and use of our Platforms and services, we collect personal data such as:
Your name, gender, date of birth, nationality, telephone number, e-mail address, contact address, identification number and other related information;
Your financial information (e.g. credit card numbers and bank account information);
Personal data of other individuals (e.g. If you use our services to share content with other individuals, or invite them to use our Platforms or services); and
Other information that we are required or authorised to collect under any applicable law to authenticate, identify, or to verify any data that you have provided.
During your access and use of our Platforms and services, certain personal data is automatically collect from you or through the device you use to access our Platforms and services, including:
Transactional information based on your activities with us (e.g. services you purchased and content you generated, your device type, identify and other uniqure identifiers);
Device or software information (e.g. configuration information on your mobile devices, web browsers or other applications or platforms used to access our Platforms);
IP addresses, browsing information (e.g. search history) and other browsing-related data in connection to your use of our Platforms and services;
Information about your access to and usage of other mobile applications and software through our Platforms and services; and
Information about your use of your user account to access into other third-party websites, applications or services.
You may disable the automatic collection of certain data. However, certain aspects (or the whole) of our Platforms and services may not be available to you if you choose to do so.
We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. this Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
We may also collect personal data and information where required or permitted by any applicable law.
We may also collect personal data and information from when you submit an enquiry, feedback or email through our websites or other communication channels.
If you provide or allow the collection of personal data of anyone other than yourself, you warrant that you have informed him/her personal data and that he/she has consented to your disclosure of his/her personal data to us for those purposes.
2. How we use personal data collected
We collect and use the personal data received from you for the purposes listed below and any other related or associated purposes.
Service-related purposes. We collect and use your personal data for the purposes of serving you, such as:
Providing you with the services that you have requested for;
Authenticating, operating and maintaining your user account;
To invite you in creating, developing, operating, providing, improving and promoting our Platforms, products, services and content.
To provide you with personalized services based on how you access and use our Platform and services;
To send you important notices and announcements such as services-related information, modification to terms, rules and software upgrading; and
To respond to your feedback
Business purposes. We may also collect and use your personal data for purpose connected or relevant to our business, such as:
Complying with our legal obligations and requirements;
Enforcing obligations owed to us, and contractual terms and conditions;
Accounting, risk management and record keeping;
Carrying out research, planning and statistical analysis;
To prevent, detect process and investigate fraudulent or other illegal activities, or mitigate the risk of occurrence of the aforementioned events;
Staff training; and
Any other reasonable purposes related to the aforesaid.
Additional purpose. If you have consented, we may collect and use your personal data for additional purposes such as:
Inviting you to promote our Platforms and services on social media platforms;
Informing you of our latest activities, special offers and promotions;
Informing you of other third-party products and/or services that you may be interested in;
Inviting you to participate in polls and questionnaire surveys that may be conducted by us and /or third parties; and
Publishing your feedback about us and/or our services on our marketing materials (including but not limited to newspapers, social media channels, etc).
Contacting you. When using your personal data to contact you for the above purposes, we may contact you via regular mail, e-mail, SMS, telephone, push notifications (on your devices) or other means. You may determine the type and manner of information that you will receive from us by adjusting your communication preferences on our Platforms on your device.
Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your device’s internal memory.
Our service does not use these “cookies” explicitly. However, we may use third party code and libraries that use “cookies” to collection information and to improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of our service.
DISCLOSURE OF PERSONAL DATA
Disclosure to service providers. We may disclose your personal data with third parties such as:
(a) our service providers and data processors that provide services to us (e.g. accounting, hosting and maintenance services, data analytics services, e-mail message services, delivery service, payment transactions services, marketing, etc.); and
(b) our consultants and professional advisors (e.g. accountants, lawyers, auditors).
Disclosure for corporate transactions. We and our affiliates may be engaged in business asset transactions e.g. mergers, acquisitions and transfer of assets. In such circumstances, we may transfer and/or disclose your personal data to facilitate the completion of the transactions.
Other permitted disclosure. We may disclose your personal data as required or permitted by law, e.g. to regulatory authorities, statutory bodies or public agencies to comply with their requirements, policies and directives.
We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
RETENTION AND PROTECTION OF PERSONAL DATA
We will retain your personal data for so long as we need the personal data for our business and legal purposes. We will dispose of or delete such information if it is no longer necessary for us to retain your personal data.
We will take reasonable precautions to safeguard your personal data to prevent the loss, improper use, or unauthorized disclosure of your personal data. However, we cannot be held responsible for any safety or security breach (e.g. hacking) that is beyond our control.
When you use our Platforms and services, you may choose to share and upload your personal data to be publicly available to other users. We are not responsible for protecting and may not be able to remove from our Platforms any personal data that you have made publicly available. Please carefully consider any content that you share, upload, release or communicate through our Platforms and services.
(a) access your personal data through your user account;
(b) make corrections to your personal data through your user account;
(c) withdraw consent for our use and disclosure of your personal data by closing your user account;
(d) choose whether to participate in our personalized promotional scheme and other promotional schemes that we may offer from time to time.
We may charge you a fee for responding to your requests for access to your personal data or information about the ways in which we have (or may have) used your personal data. If a fee is to be charged, we will inform you of the amount beforehand and will respond to your request once payment is received.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
If you have any concerns on how we handle your personal data, wish to make any requests in relation to your personal data, or have any queries in relation to this Policy, please contact our Data Protection Officer at email@example.com
This Agreement creates binding legal obligations between you and RUSH. If you do not agree to any of the terms of this Agreement, please do not access RUSH’s portable charger Sharing Platforms, use any of the services offered through our Platforms or register an account for such services. You acknowledge that you have carefully read and understand the terms of this Agreement.
(a) RUSH offers portable charger sharing services through various electronic platforms, including on the Internet (www.myrush.com.my/) and mobile applications (including on iOS and Android operating systems) (“RUSH portable charger Sharing Platforms” or “Platforms”). In accessing the Platforms, using the services and portable chargers provided through the Platforms, or registering an account for such services, you agree to accept the terms of this Agreement.
(b) RUSH’s services aim to facilitate mobile phone charging experiences, enabling users to charge their mobile devices anywhere. Through innovative use of the sharing economy, the Platforms aim to mobilize existing portable charger and improve the efficiency of portable charger usage. We hope that the Platforms will enable users to keep their mobile devices charged in an environmentally friendly way.
(c) If you have any questions regarding any aspect of this Agreement or our services, you may contact our customer service staff at firstname.lastname@example.org
1.2 The clauses and paragraph headings of this Agreement have been inserted for ease of reference and do not affect or limit the construction or interpretation of the terms of this Agreement.
2.1 Contracting Parties
(a) This Agreement is entered between you and the operator of the Platforms in the country where you are enjoying the services offered through the Platforms.
(b) The Platforms, and the services offered through the Platforms, are currently available in Malaysia.
(c) We, MY RUSH SDN BHD are the current operator of the Platforms, and the services offered through the Platforms, in Malaysia. All references in this Agreement to “we”, “us”, “our” or “RUSH” is a reference to MY RUSH SDN BHD Subject to us posting a notice on our website, we may at any time transfer or assign our rights and duties under this Agreement to any third party we deem fit. Once assigned, your relationship would be with our assignee and not with us.
(b) Our Usage Rules set out specific rules and instructions concerning： (a) how you may share our portable charger through the Platforms; (b) your use of the portable charger provided through the Platforms; and (c) the charges for your use of the portable charger. Our Usage Rules also include country specific rules applicable to your use of the portable chargers and the services offered by the Platforms. You are required to pay close attention to these rules and comply with them.
(d) Additional terms may apply to certain specific services offered through the Platforms. Such terms will be made known to you and you are required to accept those additional terms before using those specific services. In the event of any conflict between this Agreement and those additional terms, the additional terms will prevail.
3.1 User Qualification. You warrant and represent that you are at least 13 years of age and have the requisite mental and legal capacity in accordance with the applicable laws of your jurisdiction to enter into this Agreement and use our services. If you are below the age of 18 or lack the requisite capacity, your parent or guardian may in accordance with applicable laws be responsible for your acts or omissions in relation to your access of the Platforms or use of our services.
3.2 User Account
(a) You are required to register for a user account through the Platforms before any use of our services.
(b) Your user account is personal to you and contains your personal and financial information. You will secure your user account and unless expressly authorised by us, you will not directly or indirectly, create a user account for another person, transfer your user account to another person, or permit or assist any other person to use or access your user account. You agree to assume all liability arising from the access or use of your user account by another person.
(c) All applications for user accounts are subject to approval at our sole and absolute discretion. We reserve the right to reject any application and, if accepted, terminate any user account, and/or to deny access to the Platforms or our services, at our sole and absolute discretion and without assigning or providing any reasons.
3.3 Management of Personal Information
(a) In connection with your user account, you are required to provide information (including personal information such as your name, gender, personal mobile numbers, email) to us in accordance with instructions given through the Platforms. You warrant that all information that you provide to us is accurate, true and complete.
(b) You are responsible for ensuring that information provided to us remains accurate and complete. You will update any changes to such information promptly. We may if required or in accordance with applicable laws check and verify the information you have provided to us. You will cooperate and extend to us any assistance that we may require for such checks and verifications.
(c) You are responsible for all loss and damage (whether caused to us or any other person) arising from inaccurate, false or incomplete information provided to us.
4.1 You are responsible for the security of your user account details, including your login identification and password(s). You will ensure that such details are protected and not disclosed to any other party. You will comply with security measures that we may from time to time direct relating to your use of the Platforms. You are responsible for all loss and damage arising from your disclosure of your account information, or any electronic threats, attacks or fraudulent activity resulting from your failure to safeguard the security of your account details.
4.2 All activities conducted through your user account (including but not limited to the use of the portable chargers, return of the portable chargers, user communications, etc.) is deemed to be conducted by you. You are responsible for all activities conducted through your user account regardless of whether such activities are carried out with your consent or knowledge or otherwise.
4.3 You must notify us immediately at email@example.com if you suspect or are aware of any unauthorized access to or use of your user account. You acknowledge and agree that a reasonable amount of time is required for us to investigate and take any action relating to your notifications. Until our investigations are complete, you continue to be responsible for all activity conducted through your user account.
4.4 Protecting personal information of our customers is important to us. Personal information of other users may be disclosed or made available to you by other users through the Platforms. You agree that you will keep confidential and will only disclose or use such information for the purposes for which such information was disclosed to you.
OWNERSHIP OF INTELLECTUAL PROPERTY
5.1 All copyrights, trademarks, tradenames, logos, service marks and other intellectual or proprietary rights in the Platforms (including page titles, graphics, icons, scripts, source and object codes) belong to us or our licensors, and may not be reproduced, distributed, sold, used, modified, copied, imitated or used in whole or in part without our prior written consent.
5.2 You represent and warrant that you have full ownership of all intellectual property in any text, pictures, information or other content that you may provide to or release on the Platforms. You agree that you will only provide content that do not violate any applicable laws and/or infringe the intellectual property or proprietary rights of any other party. We may in our sole and absolute discretion delete, edit, remove or conceal from the Platforms, the whole or any part of the content or information provided by you.
5.3 If you provide any suggestions for changes, improvements or other feedback about RUSH and/or our services, (“Feedback”) we may use your Feedback for any purpose (including marketing or other commercial purposes) without obligation or payment of any consideration. You agree to assign to us all rights, title and interests (including intellectual property rights) in and to your Feedback.
6.1 You may access and use the Platforms by downloading, installing and using our applications (such as independent software products, mobile applications or browser plug-ins) (“Applications”).
6.2 In order to improve, enhance and further develop the features of such Applications, we may from time to time provide upgrades, updates and patches to these Applications. You agree to download and install such upgrades, updates and patches and to only use the latest version of the Applications, or such other versions as we may direct.
6.3 We grant you a limited, royalty-free, non-exclusive, personal, revocable and non-transferable, license to download and use the Applications for your own personal, non-commercial purposes, subject to your compliance with this Agreement.
6.4 The Applications are licensed, not sold, to you. You may use the Applications only as permitted by this Agreement. You may not, and will not permit any other party to: (a) modify, adapt, improve, enhance, alter, translate or create derivative works of the Applications; (b) use or merge the Applications, or any component or element thereof, with other software, databases or services not provided or approved by us; (c) sublicense, distribute, sell or otherwise transfer the Applications to any third party; (d) use the Applications as a service bureau, or lease, rent or loan the Applications to any third party; (e) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Applications, or decrypt the Applications; (f) interfere in any manner with the operation of the Applications; (g) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications; (h) create a database by systematically downloading and storing the Applications; (i) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine”, “crawl” or in any way gather the Applications or reproduce or circumvent the navigational structure or presentation of the Applications without our express prior written consent; (j) use the Applications for any commercial purposes; or (k) violate any applicable laws, rules or regulations in connection with your access or use of the Applications. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Applications. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications.
7.1 When accessing the Platforms or using our services, you agree that you:
(a) will ensure that you conduct yourself in compliance with all applicable laws and regulations, including but not limited to laws and regulations on data protection, intellectual property protection, taxation;
(b) will ensure that you treat any equipment provided (including portable chargers) with appropriate care, and treat our staff and other users with respect; and
(c) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Platforms or the Applications, and for paying all charges related thereto.
7.2 When accessing the Platforms or using our services, you agree that you will not:
(a) access the Platforms or use our services if we have suspended you from doing so;
(b) without our consent, rent, lease, sell, resell or otherwise monetize or commercialize the Platforms, our services or the portable chargers provided through the Platforms;
(c) use our services or portable chargers except through the Platforms;
(d) remove, alter, or obscure any advertisements that may be found on the Platforms; and
(e) assist or encourage any conduct in violation of this Agreement.
LIMITATION OF LIABILITY
8.1 We make no warranty or representation as to the accuracy, reliability, availability or quality of our services, or that the Platforms are error-free, uninterrupted or available at any times. There may be circumstances where our services may be interrupted, delayed or unavailable, including but not limited to planned maintenance, upgrades, urgent repairs and failures of communication links and/or equipment. We are not responsible or liable to you for any loss or damage howsoever arising in the event that our services are defective, interrupted, delayed or otherwise unavailable. Notwithstanding the above, in the event of any incorrect deductions, calculation or accounting of the service fees charged to your account, you may contact us at firstname.lastname@example.org. After the completion of our investigations, as your sole and exclusive remedy, we may correct the service fees charged to your account and provide you with a refund.
8.2 We make no warranty or representation that the information or content you obtain from or through the Platforms is correct and reliable in any circumstance. Information and content available on or through the Platforms may be provided by other users and may be inaccurate, incomplete, outdated, misleading, illegal, offensive or harmful. We are not responsible or liable for any information or content you obtain from or through the Platforms and whether from other users or otherwise, and any loss or damage arising from your use of or reliance on such information or content.
8.3 We make no warranty or representation that the portable chargers provided to you through the Platforms are operable or safe for operation, or that they will satisfy any of your expectations on quality or technical specifications. The portable chargers provided to or selected by you are shared from other users or authorized for use by other third parties, and may not be owned by us. You are responsible for checking the portable chargers provided to or selected by you to ensure that you are able to operate the portable chargers and that it is safe for operation. We are not responsible or liable for any loss or damage arising from any defects in the portable chargers provided to or selected by you, or your operation and use of such portable chargers.
8.4 For the avoidance of doubt, notwithstanding anything else, you acknowledge and agree that:
(a) Our portable charger is a device that may malfunction even if properly maintained or inspected before use, and that using a portable chargers carries inherent risk of causing injury to yourself, others or damage to property that cannot be avoided entirely even if proper precautions are taken. In riding, using portable chargers, you agree to assume all risk, responsibility and liability in respect of any such injury, damage, loss or cost caused whether to yourself, others or any property.
(b) You are responsible for the use of the portable charger and the services provided through the Platforms and shall remain responsible for all decisions related to such use.
(c) We have no control over and shall have no responsibility regarding your use of any portable charger, nor any obligation to indemnify you for any third-party claim arising from or in connection with your use of any portable charger.
8.5 We make no warranty or representation that (a) the Applications are free of viruses or other malicious component; (b) the Application will operate or function on your computer or mobile device or operating system; (c) there will be no damage to your computer or mobile devices, or (d) loss of data when you download, install or acquire any information through the Applications. We do not provide any data backup or storage services and have no obligation to preserve or maintain any content or information whether provided by you or others. You agree to back up your data and not to rely on us to backup or store your data. We are not responsible or liable for any damage to your computer or mobile device, or loss or corruption of your data caused by the Applications or any virus or other malicious component that you may encounter when accessing, installing or using the Applications.
8.6 The Platforms may contain links to third-party websites or applications. You may also permit these third-party websites or applications to associate with your user account with us and access your user account information. Your use of any third-party websites or applications is strictly at your own risk and subject to such other terms as may be imposed by these third parties. We do not monitor, control or endorse, and are not responsible or liable for such third-party websites and applications and your access and use of such third-party websites and applications.
8.7 We are not responsible or liable for the behavior of our users including any offensive, inappropriate, obscene, illegal or any other uncomfortable content or information provided by our users that you may encounter on the Platforms. We may but are not obligated to assist you to moderate or participate in any dispute between you and other users.
8.8 We shall not be liable to you or any other party for any indirect, special, consequential or punitive losses (including loss of opportunity, reputation, profits or income) in relation to this Agreement, your access and use of the Platforms and the portable chargers and services offered through these Platforms, regardless of the form of action whether in contract, tort, product liability or otherwise, even if we have been advised of the possibility of such damages.
8.9 In any proceedings against us, you agree not to seek any injunctive or similar relief that may prevent or restrict us in developing or conducting the operations of the Platforms and the services offered through these Platforms.
8.10 The Platforms, the services offered through these Platforms, and the portable chargers provided to or selected by you, are provided on an “as is, where is” and “as available” basis. Save for the warranties in this Agreement or other express warranties made by us in writing, we make no warranties or undertakings in any form whether express or implied, including but not limited to merchantability, fitness for any particular purposes, accuracy and non-infringement.
8.11 To the extent that we are liable to you, our cumulative aggregate liability to you in relation to this Agreement and the subject-matter of this Agreement shall not for any reason exceed the lesser of the following: (a) the aggregate amount you have paid to us in connection with the services offered through the Platforms in the one (1) year period preceding the occurrence of the liability; or (b) RM1,000 (One Thousand Malaysian Ringgit Only). This limitation applies to all causes of action in the aggregate regardless of the number of actions or claims and including, without limitation, breach of contract, breach of warranty, negligence, misrepresentations, strict liability, and other torts.
8.12 Where the applicable laws in any jurisdiction limits or restricts the exclusion or limitation of certain liabilities, the limitations and exclusions set out in this Agreement shall apply to the maximum extent permitted by the applicable laws.
REMEDIES FOR BREACH
9.1 If you are in breach of any of the terms of this Agreement, we may without further reference or prior notification to you, and in addition to any other rights and remedies that we may have:
(a) suspend or terminate your access to the Platforms, the services offered through these Platforms, and your right to use the portable charger;
(b) deduct and set-off the funds in your user account against any monetary loss, damage or compensation due from you to us; and
(c) terminate this Agreement.
9.2 You agree to indemnify, defend and hold harmless us and our related companies (and our respective management staff, directors, agents and employees) from and against all statutorily penalties, claims, actions, liabilities, losses, expenses, damages and costs (including court costs and solicitors’ fees on a full indemnity basis) arising out of or related to:
(a) your access, use, or misuse of, the Platforms, any portable chargers which you share through the Platforms, any portable chargers provided to or selected by you and the services offered through these Platforms;
(c) the content and information directly or indirectly provided by you through the Platforms, including any claims that the content and information infringe or misappropriate any intellectual property or proprietary rights;
(d) any death or bodily injury or damage, loss or destruction of any real or tangible property arising from any portable chargers which you share through the Platforms, your use or misuse of any portable chargers provided to or selected by you, and your use or misuse of the services offered through the Platforms; and
(e) any fines or other penalties imposed by a regulator or court of competent jurisdiction from your use or misuse of any portable chargers provided to or selected by you, and your use or misuse of the services offered through the Platforms.
9.3 We are entitled to terminate this Agreement immediately and to recover any loss and damage suffered (including economic loss and damage to goodwill and reputation) if you provide any gift or consideration of any kind (including physical goods, cash, cash equivalents, labor services, travel, etc.) as an inducement or reward to our employees or consultants for doing or forbearing to do or for having done any action in relation to this Agreement.
10.1 We may in our sole and absolute discretion without prior notice at any time and from time to time, temporarily or permanently, in whole or in part, modify, update, upgrade, suspend or discontinue the Platforms or any information, services, contents, products or features offered through the Platforms.
11.1 Any notifications that we are required to provide to you in accordance with this Agreement or in connection with your access and use of the Platforms and our services may be provided through any of the following means:
(a) publishing announcements on the Platforms;
(b) site messages, pop-up messages or pushed messages on the Platforms; and
(c) e-mails, text messages, mails sent to the contact details you have provided.
11.2 You consent to us contacting you using auto-dialing or pre-recorded phone calls or messages to the contact numbers provided by you, for the purposes of (a) providing you with information on your user account; (b) resolving errors associated with your user account; (c) resolving any disputes; (d) processing payments; (e) conducting surveys and questionnaire; or (f) managing your relationship with us or to provide services to you.
11.3 Your correspondence and communications (including telephone conversations) with us may be monitored and/or recorded for purposes of archiving, quality control, staff training, or risk management.
12.1 User Termination. You may at any time terminate this Agreement by contacting our customer service staff at email@example.com
12.2 Our Termination. We may at any time terminate this Agreement and discontinue the Platforms and our services, without cause or prior notification to you and without incurring any liability to you in respect of such termination.
12.3 Effect of Termination. The termination of this Agreement does not affect any accrued rights and remedies that we may have against you. Upon termination: -
(a) we may remove or deny you access to the Platforms, your user account (including any information in your account), and your use of our services; and
(b) we may continue storing any information that you have provided for such period of time as may be necessary for our legal and business purposes.
Clauses intended to survive the termination of this Agreement, including Clauses 5, 6.3, 6.4, 8 and 9.2 shall survive the termination of this Agreement.
13.1 We shall not be responsible for any loss, damage, default or failure which is shown to be due entirely to causes beyond our control including but not limited to failure of information network equipment, connection failure, failure of computer, communication or other system, power breakdown, strikes, riots, fire, flood, windstorm, explosion, war, government actions, changes of laws, regulations, administrative provisions and other rules, orders of judicial or administrative authorities or acts of God.
14.1 Applicable Law. This Agreement shall be governed by, and construed in accordance with, the laws of Malaysia.
14.2 Non-Partnership. Nothing in this Agreement shall be deemed to constitute a partnership, or constitute any authorization, cooperation, agency relationship between you and us.
14.3 Jurisdiction. You agree that you will first attempt to resolve any dispute relating to this agreement through good faith discussions with us. In the event of any dispute, you should first contact us by registered mail setting out the information about the dispute, including the nature and basis of your claim and the remedy you seek. If any dispute cannot be resolved through discussions within thirty (30) days of the dispute arising, either party may refer the dispute to be finally resolved by arbitration administered by the KPDNHEP in accordance with the arbitration rules of KPDNHEP for the time being in force, which rules are deemed to be incorporated by reference in this Clause.
14.4 Waiver. No delay, indulgence or omission in exercising any right, power or remedy by us under this Agreement or by law shall operate to impair, or be construed as a waiver of any right, power or remedy that we are entitled to.
14.6 Severability. In the event that any term, condition or provision of this Agreement or the application of any such term, condition or provision shall, to any extent, be held by a court of competent jurisdiction to be wholly or partly illegal, invalid, unenforceable or a violation of any applicable law, statute or regulation of any jurisdiction, the same shall be deemed to be deleted from this Agreement and shall be of no force and effect; whereas the remaining terms and provisions of this Agreement shall remain in full force and effect as if such term, condition and provision had not originally been contained in this Agreement.
14.7 Assignment. You shall not assign any of your rights or obligations under this Agreement without our prior written consent.
14.8 Third Parties. A person who is not a party to this Agreement shall have no right under the Contracts Act (1950) to enforce any term of this Agreement.
These are our rules that regulate how you (a) share your portable charger through the Platform, (b) use the portable chargers provided to or selected by you through the Platform; and (c) pay for your usage of the portable chargers. These rules form part of your Agreement with us in relation to your access of the Platforms and use of our services. These rules also set out safety standards in relation to your use of portable chargers. You are required to comply with these rules, and it is important that you read and understand these rules carefully. Where necessary to assist you in understanding certain technical terms and processes in these rules, we may provide or direct you to hyperlinks and illustrations.
HOW TO USE PORTABLE CHARGER
1.1 Rent portable charger
After you have successfully registered a user account on the Platforms, you may use the portable charger provided through the Platforms. There are fixed locations where our portable chargers may be found. To commence a usage on our portable charger, you simply need to:
(a) scan the QR code on our RUSH kiosk; and
(b) take the automatic pop-up portable charger from RUSH kiosk
1.2 Safety Inspection
Before using any portable charger, you will inspect the portable charger to ensure that the portable charger is safe and operable. Please refer to Attachment 1 which set out a non-exhaustive list of safety requirements. If a portable charger does not meet the requirements or is otherwise unsafe for operation, DO NOT USE THE PORTABLE CHARGER. In such event, you will also immediately notify us via the Application, or e-mail at firstname.lastname@example.org, of (i) the number of the portable charger concerned; and (ii) the safety issues associated with that portable charger.
1.3 Liability for use of portable charger
You will not allow any other person to use a portable charger unlocked by you.
You are responsible for using the portable chargers provided to or selected by you. We are not responsible or liable for, and you shall assume all related risks and liability for, any personal injury or death caused to yourself or a third party, as well as any damage to any property arising from your use of the portable chargers.
1.4 Your responsibilities
You represent and warrant to us that:
(a) You will comply with the Rules set out in Attachment 1 to these rules;
(b) You are physically and mentally able, and have the necessary skills and expertise to use, use the portable charger provided to or selected by you in a safe and competent manner;
(c) You will use the portable charger provided to or selected by you in a reasonable manner. You will not damage or restrict other users’ enjoyment of the portable charger, which may include damaging, breaking or destroying the portable charger, hiding the portable charger from public view, or tampering with the portable charger in a manner that restricts other users’ use (e.g. adding another lock to the portable charger);
1.5 Completion of usage
When you have completed your use of the portable charger, you will return the portable charger into the RUSH . If you fail to comply with this Clause 16.5, you will continue to incur usage fees at our then prevailing rates.
2.1 Users who use the portable charger
We will charge you on a pay-per-usage basis (“Usage Session”) for your usage of portable chargers through the Platforms. You will be charged at our then prevailing rates which will be notified to you through our Platforms. Your usage Session commences once you have scanned the QR code from us to unlock the portable charger, and will continue until such time when you have indicated the completion of your use by returning the portable charger to our machine.
2.3 Promotional coupons / codes
We may from time to time, in our sole and absolute discretion, issue promotional coupons or codes. These promotional coupons or codes may be used to offset your portable charger usage charges. The use of such promotional coupons or codes shall be subjected to such terms and conditions as may be stipulated in and accompanying such coupons or codes.
We reserve the right to at any time and at our sole and absolute discretion, verify, reject, suspend or terminate any promotions governing such promotional coupons.
2.4 Payment methods
You may choose to pay for the usage of the portable charger provided to you using any of the following methods:
(a) You may associate your user account with a valid credit or debit card in accordance with the instructions that we may provide; and/or
(b) You may purchase credits from us using any of the payment methods as may be made available on the Platforms from time to time.
2.5 Payment by credit or debit card
If you associate a credit or debit card with your user account, you authorize us to charge that credit or debit card for all fees (including portable charger usage fees and any applicable tax) incurred by you. You represent and warrant that:
(a) any credit or debit card that you have associated with your user account and the details (including card number and expiration date) are and remain valid; and
(b) you have the requisite authority, consent or power to associate a credit or debit card with your user account and to charge the fees for your portable charger usage to such card.
We are entitled to recover any unsuccessful charges to your credit or debit card, together with any applicable administrative fees that we may impose, as a debt due and owing from you to us.
2.6 Payment by credits
Credits can be purchased for your user account using any of the payment methods as may be made available on our App from time to time. If you use and authorize us to charge a credit or debit card for your purchase of credits, you represent and warrant that:
(c) any credit or debit card information that you have provided and the details (including card number and expiration date) are and remain valid; and
(d) you have the requisite authority, consent or power to make the requisite charges to the credit or debit card.
We are entitled to recover any unsuccessful charges to your credit or debit card, together with any applicable administrative fees that we may impose, as a debt due and owing from you to us.
We reserve the sole and absolute discretion to reject any purchase of credits without providing you any reasons whatsoever. We may also limit the total amount of credits that you may purchase and hold in your user account.
We will deduct your usage charges against the credits in your account. If your account balance is negative as you are using the portable charger, you may continue your usage and complete your usage. If you have no credits in your account, you will need to purchase more credits to continue using portable chargers provided by us.
2.7 Refund of Credits
Except as provided in this Clause 2.7, credits in your user account are not refundable, redeemable or exchangeable for cash, other services or products, and we will not under any circumstances provide any refund for any unused credits in your user account.
If we terminate your user account other than by reason of your breach of our rules or your agreement with us concerning your use of our App, services and portable chargers, you may request for a refund of any balance credits in your user account in accordance with our prevailing refund policy. No refunds will be provided for any credits credited to your account from any promotional coupons, codes or other schemes.
2.8 Balance not redeemable for cash
Except as provided in this Clause 2.8, credits in your user account are not refundable, redeemable or exchangeable for cash, other services or products, and we will not under any circumstances provide any refund for any unused credits in your user account.
If we terminate your Agreement and close your user account other than by reason of your breach of the Agreement, you may request for a refund of any balance credits in your user account in accordance with our prevailing refund policy. No refunds will be provided for any credits credited to your account from any promotional coupons, codes or other schemes.
About Rush Coins T&C
By using the Application, you will automatically be a member of the loyalty programme named “Rush Coins Loyalty Programme” operated by the Company and/or its Affiliates (“Rush Coins Loyalty Programme”, or as the context requires, the “Programme”).
Upon a successful registration for a Rush account, all Rush Users shall automatically be accorded with “Rush Coins Member” status and may commence accumulating Rush Coins points (“Points”) from qualifying transactions under the Programme. The Rush Coins Loyalty Programme membership is non-transferable and shall be for personal use of the Rush User only.
As a member of the Rush Coins Loyalty Programme, you will gain access to the e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits offered by the Company and/or third-party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”). The Company may, at its sole and absolute discretion, award you Points which can be used to redeem for Rewards upon the completion of the qualifying transactions. You may earn points by such methods as are provided for by the Company from time to time.
The Company may, at its sole and absolute discretion, increase or decrease the rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from the Company any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.
Points accumulated by the Member shall expire in the event the Member does not earn any points within the timeframe stipulated for your country. The timeframe may differ in different geographical locations. In such an event, the accumulated Points shall be automatically forfeited at the absolute discretion of Rush and without notice to the Member. Forfeited Points cannot be reinstated.
You must use your Points earned to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Points. The Company shall have the right to deal with the expired Points in such manner as it deems fit in its absolute discretion. You agree that you will have no claim whatsoever against the Company for any expired Points.
Partnership Programmes: The Company may periodically offer conversion of points to the points systems of partner rewards programmes, subject to the following:
Upon completion of the points conversion transaction under such conversion, reversal of the conversion of points is not possible.
The Company accepts no responsibility for errors in the crediting of points subject to such conversions, other than in relation to errors resulting from its own negligence.
The conversion of points from the Rush Coins Loyalty Programme to points under partner programme(s) is subjected to the partner’s terms and conditions. Once converted into partner programme points, the converted points are also subject to the partner’s terms and conditions
Points cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
You must use your e-vouchers redeemed during their applicable validity period. There shall be no extension of time for the validity period of any e-voucher redemption dates. You agree that you will have no claim whatsoever against the Company for any expired e-vouchers.
Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.
The Company may at its sole and absolute discretion and without prior notice to you, reject your request to redeem Points for any reason whatsoever, including without limitation, where
There are insufficient Points to redeem for the particular Reward;
The Reward is no longer made available or out-of-stock by the third party merchant
The Points you wish to use for redemption of Rewards have been issued to you in error; or
The Company reasonably believes that that redemption transaction may be suspicious, illegal, involves any criminal activity or involves points that have been obtained through dishonest or fraudulent means or abusive behaviour
You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as a conclusive evidence of the same.
The Rush Coins Loyalty Programme offers four (4) membership tiers as follows:
an entry membership tier known as “Bronze”;
a basic membership tier known as “Silver”;
a mid-level membership tier known as “Gold”; and
a premier membership tier known as “Platinum”.
Certain Points earnt under the Rush Coins Loyalty Programme shall be designated as “Qualifying Points”. Such Qualifying Points shall exclude Points issued by designated marketing campaigns, refunds, appeasements and such other events to be determined by Rush in its sole discretion.
Qualifying Points earned between the same of the calendar month shall qualify you for the applicable membership tier from the following calendar month.
Upon expiration of your membership tenure in a particular tier and if you have not earned sufficient Qualifying Points to be retained in that tier, you shall be downgraded to the next relevant membership tier.
The benefits and privileges of each membership tier shall be as set out from time to time in the Application.
If you do not wish to be a member of the Rush Coins Loyalty Programme, you may do so by not using Rush application & services.
Upon your cessation to be a user of the Rush & member of Rush Coins Loyalty Programme, all then outstanding Points at such point of time shall be automatically cancelled. Points should be redeemed before ceasing membership as once cancelled, Points cannot be redeemed. No accumulation or carry over of Points will be permitted even if you subsequently reinstate your membership.
The Company reserves the right to hold the issuance of Points earned until the transaction, including payment, are completed. Points earned from purchases from Partners will only be issued if the good(s) and service(s) purchased are not returned, cancelled or refunded.
Fraud, abuse of redemptions or any dishonest activities related to the Rush Coins Loyalty Programme may result in the forfeiture of accumulated Points as well as, demotion of your membership tier, cancellation of your membership in the Rush Coins Loyalty Programme or termination of your account.
To the extent as permitted by applicable laws, the Company reserves the right at any time to:
vary, modify or amend the terms and conditions of the Rush Coins Loyalty Programme (including adding or deleting any terms);
terminate or modify the Rush Coins Loyalty Programme;
revoke, adjust and/or recalculate any Points awarded;
change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
change the number of Points that can be earned on spendings on qualifying transportation services;
modify the qualifications and eligibility for earning Points;
modify the activities that earn Points;
modify the methods used to calculate the number of Points to be awarded;
withhold or cease the awarding of Points to you;
modify the qualifying Points or other criteria for membership tier upgrades and renewals; and
change or withdraw any benefits related to a particular membership tier; and/or
change the duration taken for Points to expire.
without prior notice to you and at its sole discretion.
The Company may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.
You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.