General terms and conditions

1. Definitions and Scope of Application

1.1 These terms and conditions apply to all agreements under which Revive Sharing B.V. (“Revive”) rents out or makes available power-bank stations and/or power-banks to third parties that provide a location for the placement of such equipment (“Hosting Partner”).

1.2 “End User” means any natural person who rents or uses a power-bank supplied by Revive, regardless of the channel or method of payment. These End Users are not subject to these terms and conditions; separate Terms of Use for End Users apply to them.

1.3 Any deviations from these terms and conditions shall be valid only if agreed in writing.

2. Services Provided by Revive

2.1 Revive supplies, installs and maintains the power-bank stations and shall at all times remain the owner of all equipment.

2.2 Revive strives for maximum operational availability (“uptime”) and performs regular maintenance.

3. Obligations of the Hosting Partner

3.1 The Hosting Partner shall provide, free of charge, a suitable space with an electrical power supply for the placement of the station.

3.2 The Hosting Partner shall grant Revive or its authorised representatives access to the location for installation, servicing and maintenance.

3.3 The Hosting Partner shall handle the station with due care and shall protect it against theft, vandalism and damage.

3.4 The Hosting Partner shall ensure that its staff are informed about the presence and use of the power-bank station and shall no longer charge End Users’ phones themselves (e.g. behind the bar). End Users wishing to charge their devices shall be referred to the power bank station.

4. Liability

4.1 Revive shall be liable for direct damage that is the direct result of an attributable failure of Revive or of defective equipment.

4.2 Revive shall not be liable for consequential damage or loss of income, unless such damage was caused by intent or gross negligence on the part of Revive.

4.3 The Hosting Partner shall be liable for any damage to or loss of the equipment if such damage or loss results from negligence, insufficient security or improper handling by the Hosting Partner.

4.4 The Hosting Partner shall not be liable for any damage, loss, payments or other consequences arising from the use of the equipment by End Users.

5. Damage and Theft

5.1 The power-bank stations and/or power-banks shall at all times remain the property of Revive.

5.2 The Hosting Partner shall promptly notify Revive of any damage, loss or theft.

5.3 Any repair or replacement costs may be charged to the Hosting Partner insofar as the damage or loss is attributable to it.

6. Intellectual Property

All intellectual-property rights, including (but not limited to) the software, the Revive app, logos, trade dress and other branding, shall remain the exclusive property of Revive and may not be used without Revive’s prior written consent.

7. Privacy and Data Protection

Where personal data are processed in the performance of the agreement, such processing shall be carried out in accordance with the applicable data-protection laws and Revive’s Privacy Policy, available at www.revive-sharing.com.

8. Force Majeure

Neither party shall be liable for any failure to perform caused by force majeure, including but not limited to power outages, network or internet disruptions, natural disasters, epidemics, fire, strikes, war or government measures.

9. Term and Termination

9.1 The agreement shall have the term specified, if any, in the order confirmation.

9.2 Early termination shall be possible only with the prior written consent of both parties.

9.3 Upon termination, all equipment shall remain the property of Revive and the Hosting Partner shall cooperate in the removal thereof.

10. Amendments to the Terms and Conditions

10.1 Revive may amend or supplement these terms and conditions.

10.2 Any amended terms shall be communicated to the Hosting Partner in writing or by e-mail at least 30 days prior to their effective date.

10.3 If the Hosting Partner does not accept the amended terms, it shall be entitled to terminate the agreement in writing before the amendments take effect.

10.4 If the Hosting Partner does not terminate the agreement in time and continues the agreement, the amended terms shall apply from the announced effective date also to existing agreements.

11. Governing Law and Jurisdiction

These terms and conditions and all related agreements shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes shall be submitted exclusively to the competent court in Utrecht, the Netherlands.