General Terms and Conditions (T&C) of DSA tech and trade GmbH
1. Scope of Application and Definitions
1.1 These General Terms and Conditions ("T&C") represent the agreement ("Agreement") between you
("User") and DSA tech and trade GmbH ("Powermonkey World") regarding the use of our powerbank
sharing service ("Service") in Germany and apply to the website https://powermonkey-world.de ("Website") as well as the
Powermonkey World Powerbank App for mobile devices ("App"), which is available for Android and iOS
operating systems (collectively referred to as "Platform").
1.2 Your use of our Service is subject to this Agreement, our Privacy Policy ("Privacy Policy") and
the rules for battery usage ("Usage Policy"), which are available on the digital platform. You agree
to accept our Usage Policy and Privacy Policy, which are also part of this Agreement.
1.3 We reserve the right to change and adapt the terms of this Agreement at any time. Changes take
effect as soon as we publish the updated Agreement on the digital platform. Each time you use the
digital platform or our Service, the current version of this Agreement applies. By continuing to use
the digital platform or Service after a change to this Agreement, you automatically agree to comply
with the terms of the current version.
1.4 This Agreement contains important information about your rights regarding the digital platform
and our Service. Please read this Agreement carefully and review it regularly.
2. Usage and Registration
You warrant that: (a) You are at least 16 years old and have the necessary mental and legal capacity
to acknowledge this Agreement and use our services. (b) All information you provide to us when using
the services is complete, correct and current. (c) Your use of the Service does not violate
applicable law or official regulations. You may not share your account with other persons. You are
responsible for all activities that take place through your account. Please keep your login
credentials secure and change your password regularly.
3. Our Service
Our Service enables you to borrow portable powerbanks ("Powermonkey World Powerbanks") via our App or
our terminals and return them at any station in our network ("Powermonkey World Station").
"Powermonkey World Station" refers to the stations operated and marked by Powermonkey World for
borrowing and returning Powermonkey World Powerbanks. The availability of Powermonkey World
Powerbanks and Powermonkey World Stations can be viewed on our digital platform APP. We strive to
ensure that sufficient Powermonkey World Powerbanks are always available at all Powermonkey World
Stations. However, it may happen that Powermonkey World Powerbanks are temporarily unavailable. The
Powermonkey World Powerbanks can only be used to charge your electronic devices. Any other use is
strictly prohibited. The Powermonkey World Powerbanks can be charged at any time via a standard
USB-C connection.
4. Borrowing
To borrow a Powermonkey World Powerbank, you must scan the QR code located on the Powermonkey World
Station or on the Powermonkey World Powerbank, or follow the steps described in our app. After
successful scanning or following the instructions, the Powermonkey World Powerbank will be unlocked
and you can remove it. The borrowing process is registered in our app. Please check before removal
whether the Powermonkey World Powerbank is functioning properly and shows no visible damage. Should
you notice damage, please report this immediately to our customer service.
5. Return
To return a Powermonkey World Powerbank, you must insert it into a free slot at any Powermonkey World
Station in our network. Make sure that the Powermonkey World Powerbank is properly locked into the
station. The return process is automatically registered in our app. After successful return, you
will receive confirmation in the app. Should you have problems with the return, please contact our
customer service.
6. Service Availability
We strive to keep our Service available 24 hours a day and 7 days a week. However, it may happen that
the Service is temporarily unavailable due to maintenance work, technical malfunctions or other
reasons. We assume no liability for damages arising from the temporary unavailability of the
Service, unless these are based on intent or gross negligence on our part or on the part of our
vicarious agents. This limitation of liability does not apply to damages from injury to life, body
or health.
7. Fees and Payment Terms
7.1 The use of our Service is subject to charges. Please refer to our digital platform for current
prices. Currently, the cost for borrowing a Powermonkey World Powerbank is €2 per 30 minutes, with a
daily limit of €10, which is reached after 2 hours and 30 minutes (€2 * 5 * 30 minutes = 150 minutes
= 2.5 hours) within 24 hours from the time of borrowing. Billing is done automatically via the
payment method you have stored in the app. By storing your payment method, you authorize us to
collect the fees due. We accept the payment methods specified on our digital platform. You agree
that we may debit the fees due from your account. If the rental period of 24 hours is exceeded or if
the Powermonkey World Powerbank is damaged, we reserve the right to charge additional fees according
to our price list. If the powerbank is not returned within 5 days or is lost, we charge a fee of €50
for the powerbank. Upon payment of this fee, the powerbank becomes your property.
7.2 All prices stated on our digital platform are inclusive of the applicable value-added tax.
7.3 We reserve the right to change our prices at any time. The changed prices will be published on
our digital platform and apply from the time of publication.
8. User Obligations
8.1 You are obligated to handle the Powermonkey World Powerbank carefully and protect it from damage,
loss or theft. This includes in particular protection from moisture, extreme temperatures and
improper handling. You are obligated to report damage to the Powermonkey World Powerbank immediately
and are liable for damage that can be attributed to careless handling, insofar as this is not based
on normal wear and tear.
8.2 You may not use the Powermonkey World Powerbank for illegal or abusive purposes. This includes
any use that violates applicable law, official regulations or the rights of third parties.
8.3 You may not pass on the Powermonkey World Powerbank to third parties or allow third parties to
use it.
8.4 You are obligated to inform us immediately about any damage, loss or theft of the Powermonkey
World Powerbank. The report must be made via the functions provided in the app or by email to our
customer service.
8.5 You are obligated to return the Powermonkey World Powerbank at the latest after 24 hours. If this
deadline is exceeded, we reserve the right to charge additional fees according to our price list.
8.6 You are prohibited from making changes to the Powermonkey World Powerbank or manipulating it.
9. Liability
9.1 We assume no liability for damages that arise from your use of our Service, unless these are
based on intent or gross negligence on our part or on the part of our vicarious agents. This
limitation of liability does not apply to damages from injury to life, body or health.
9.2 We are not liable for damage to your electronic devices that arises from the use of the
Powermonkey World Powerbank. The use of the Powermonkey World Powerbank is at your own risk. In
particular, we assume no guarantee that the Powermonkey World Powerbank is compatible with all end
devices.
9.3 Our liability for property damage and financial loss is limited to the typically foreseeable
damage, unless the damage was caused intentionally or through gross negligence.
9.4 The above limitations of liability do not apply to claims under the Product Liability Act.
10. Intellectual Property
The digital platform and all its contents, including but not limited to texts, images, logos,
designs, software and databases, are protected by copyright and other protective rights and belong
exclusively to us or our licensors. The use of the digital platform and its contents is only
permitted for private, non-commercial use within the framework of using our Service. Any use beyond
this, in particular reproduction, distribution, public reproduction, processing or other
exploitation is prohibited without our prior written consent.
11. Data Protection
The protection of your personal data is important to us. Information about the collection, processing
and use of your personal data can be found in our separate Privacy Policy, which is available at any
time on our digital platform.
12. Dispute Resolution
12.1 The European Commission provides a platform for online dispute resolution (ODR), which you can
find at the following link: https://ec.europa.eu/consumers/odr/. We are not
obligated and generally not prepared to participate in a dispute resolution procedure before a
consumer arbitration board.
12.2 German law applies to this Agreement, excluding the UN Convention on Contracts for the
International Sale of Goods. The place of jurisdiction for all disputes arising from or in
connection with this Agreement is, insofar as legally permissible, Stuttgart, Germany.
13. Final Provisions
13.1 Should individual provisions of this Agreement be or become invalid or unenforceable, this does
not affect the validity of the remaining provisions. In place of the invalid or unenforceable
provision, one that comes closest to the economic purpose of the invalid or unenforceable provision
shall apply.
13.2 We reserve the right to change this Agreement at any time. The changed terms will be published
on our digital platform. Continued use of our Service after publication of the changed terms
constitutes your consent to the changed terms. We will inform you of significant changes to the T&C
in good time.
13.3 We reserve the right to discontinue the Service at any time or change its scope. This does not
give rise to any claims for you, unless this is mandatory by law.
13.4 This Agreement constitutes the entire agreement between you and us regarding the Service and
replaces all previous or simultaneous communications and proposals, whether oral or written.
14. Termination
14.1 Termination by the User: You can terminate this Agreement at any time by deleting your account
in the app or by written notice to us.
14.2 Termination by Powermonkey World: We can terminate this Agreement at any time with a period of
[insert period, e.g. 14 days] in writing or by email. Termination without notice by Powermonkey
World is particularly possible if you violate essential provisions of these T&C, have made false
statements during registration, or if continuing the contractual relationship is unreasonable for
us.
14.3 Consequences of Termination: Upon termination of this Agreement, your right to use our Service
expires. You are obligated to immediately return all Powermonkey World Powerbanks in your possession
to a Powermonkey World Station. If this is not observed, we reserve the right to charge the fees for
non-return mentioned under section 7.1. Fees already incurred remain unaffected by the termination
and must be paid by you.
Contact
Power Monkey World
Komplek Nakula Plaza B 8, Jalan Nakula, Desa/Kelurahan Legian, Kec. Kuta, Kab. Badung, Provinsi Bali,
Indonesia
Email address: support@powermonkey.world
Date of Entry into Force: February 17, 2025
