Terms of Use.
I. WHO WE ARE
These Terms of Use govern your access to and use of ThunderLink Ltd.’s power bank rental service, websites, and mobile interface (collectively, the “Service”). By using the Service you agree to these Terms. If you do not agree, do not use the Service.
ThunderLink Ltd. (“ThunderLink”, “we”, “us”) operates a network of Power Bank Stations across Canada. Through our websites and Power Bank Stations, we provide a power bank rental service that allows portable power banks (“Shared Power Banks”) to be rented, returned at participating Power Bank Stations, or purchased where available.
II. USING THE SERVICE
Eligibility. You must be 19 years of age or older to use the Service. By using the Service you confirm that you meet this requirement and that you have the authority to agree to these Terms on behalf of yourself or any entity you represent.
Your Account. You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Do not share your account or transfer it to anyone else. If your account security is compromised, notify us immediately at support@thunderlink.ca.
Acceptable Use. Use the Service only for its intended purpose — renting Shared Power Banks for personal or business charging needs. You must not: scrape or crawl our websites; create multiple or false accounts; use the Service commercially without our written consent; tamper with or damage any Power Bank Station or Shared Power Bank; or use the Service in any way that violates applicable law.
Reviews and Feedback. Nothing in these Terms prevents you from publishing honest reviews or comments about the Service on any platform. Any feedback or ideas you share with us may be used by ThunderLink without obligation to you.
III. RENTAL TERMS
IV. FEES AND PAYMENTS
V. YOUR INFORMATION AND PRIVACY
VI. THIRD-PARTY PROVIDERS
ThunderLink works with third-party service providers to operate the Service, including providers of hosting, payment processing, push notifications, analytics, customer service, fraud protection, location services, and other functions. These providers may include, but are not limited to, payment processors, cloud infrastructure providers, mapping services, and website hosting providers. Each provider is subject to its own terms and privacy policy; by using the Service you acknowledge that your use of any integrated third-party feature is also governed by that provider’s terms. All providers with access to your personal information are contractually obligated to maintain its confidentiality and use it only as necessary to perform their functions on our behalf.
Our websites may link to third-party websites we do not control. We are not responsible for the content, practices, or privacy policies of those websites. You access them at your own risk.
VII. INTELLECTUAL PROPERTY
All content on our websites — including text, graphics, logos, software, and the compilation of all content — is owned by ThunderLink or its licensors and protected by Canadian and international intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. We grant you a limited, non-exclusive, non-transferable licence to access and use our websites and the Service for their intended purpose. You may not reproduce, modify, create derivative works from, distribute, or commercially exploit any part of our websites or the Service without our prior written consent. You do not acquire any ownership rights by using the Service.
You retain ownership of information you submit to us. By submitting content or information you confirm that you have the right to do so, that it is accurate and does not violate anyone else’s rights, and you grant ThunderLink a licence to use it to operate and improve the Service.
Feedback. If you submit ideas, suggestions, comments or other feedback relating to the Service ("Feedback"), you assign to ThunderLink all rights, title and interest in that Feedback. If that assignment is ineffective for any reason, you grant ThunderLink a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable licence to use, reproduce, modify, adapt, distribute and otherwise exploit the Feedback for any lawful purpose without restriction or compensation to you. You represent that you have the right to provide such Feedback.
VIII. DISCLAIMER AND LIMITATION LIABILITY
Service provided as-is. The Service is provided “as is” and “as available” to the maximum extent permitted by applicable law and subject to your statutory rights as a consumer, which are not excluded by these Terms. ThunderLink disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, except to the extent such warranties cannot be excluded under applicable law.
Limitation of liability. To the maximum extent permitted by applicable law, ThunderLink and its directors, officers, employees, and affiliates are not liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, or goodwill — arising from your use of or inability to use the Service, even if we have been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Except for our obligations to protect your personal data under our Privacy Policy, we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any content or information you submit. Where applicable law does not permit the exclusion of certain damages, each party’s liability will be limited to the greatest extent permitted by that law.
Electronic devices. ThunderLink is not responsible for damage to an electronic device to the extent caused by (a) pre-existing defects or damage; (b) incompatible devices or manufacturer defects; (c) unauthorized cables, chargers, or accessories; (d) modifications made to the device; or (e) misuse of a Shared Power Bank.
BC consumer law. Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Business Practices and Consumer Protection Act (British Columbia) or any other applicable consumer protection legislation that cannot lawfully be excluded, restricted, or modified by agreement. Where such legislation applies, the exclusions and limitations above apply only to the greatest extent permitted by that legislation.
Your indemnity. Except where prohibited by law, you agree to indemnify and hold harmless ThunderLink and its directors, officers, employees, and affiliates from any claims, losses, damages, and expenses (including legal fees) arising from your breach of these Terms or your violation of any third party’s rights, except to the extent caused by ThunderLink’s own negligence, wilful misconduct, or breach of these Terms. At ThunderLink’s option, we may assume control of the defence and settlement of any claim subject to indemnification by you, and you agree not to settle any such claim without our prior written consent.
IX. TERMINATION
You may close your account at any time by contacting us. ThunderLink may suspend, restrict, or terminate your access to the Service, with or without notice, where reasonably necessary for maintenance, security, fraud prevention, legal compliance, protection of the Service or users, or where you breach these Terms or misuse the Service. Termination may include permanently barring you from future use of the Service. ThunderLink will not be liable to you for any suspension or termination, including deletion of your account data. On termination, your right to use the Service ends immediately. Sections 8, 10, and 11 survive termination.
X. DISPUTE RESOLUTION
XI. GENERAL
Changes to these Terms. We may update these Terms from time to time. When we do, we will update the “Last Updated” date above and retain an archived copy of each prior version, available to you on request. For material changes, we will give at least 30 days’ notice by posting on our websites and, where we have your email address, by emailing you directly. Your continued use of the Service after changes take effect constitutes acceptance of the new Terms. If you do not agree, stop using the Service.
Contract copy. Before you pay for a rental, we will give you an express opportunity to view these Terms and our current fees, and you may request a copy at that time. After entering into this agreement, you may access a copy of the current Terms on our websites at any time and request the version that applied when you registered by contacting us.
Force majeure. TThunderLink shall not be liable for any failure or delay in performing its obligations under these Terms to the extent caused by events beyond its reasonable control, including acts of God, accident, war, terrorism, epidemic, pandemic, governmental action, fire, flood, labour disputes, interruption of utilities or communications, or other unforeseeable events beyond its reasonable control. This does not relieve either party from obligations that accrued before the force majeure event.
Electronic signatures. By clicking “Sign Up” or the equivalent, or by using the Service, you consent to the use of electronic signatures and agree that such acceptance has the same legal effect as a handwritten signature.
Waiver. Our failure to enforce any provision of these Terms on any occasion does not waive our right to enforce it on another occasion, and no waiver of a breach constitutes a waiver of any subsequent breach.
Severability. If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
Entire agreement. These Terms, together with our Privacy Policy and any supplemental terms disclosed to you for specific features or promotions, constitute the entire agreement between you and ThunderLink regarding the Service and supersede all prior agreements. Supplemental terms disclosed for specific features or promotions prevail over these Terms to the extent of any conflict.
XII. CUSTOMER SUPPORT AND WHO TO CONTACT
If you encounter any questions or concerns using the Sites and Services, you can also contact us through the contact form available on our websites or contact us using the information below:
By email: support@thunderlink.ca