Terms & Conditions

These Terms and Conditions (the “Terms”) govern your access to and/or use of Power Bank rental service (the “Service”) through the Power Flash Application (the “Application”) operated by Power Flash Technology Co. Ltd (the “Company”/ “We”/ “our”/ “us”) and constitute the agreement between the Company and you (the “User”/ “You”/ “your”).

By registering or using our application and/or services of in any manner, You are indicating that You understand and consent to be legally bounded by all the terms and conditions of the agreement as outlined below.

Use of Service Terms

  1. Use of Service
    • To access the Service offered by the application, You may require to create and register a user account. Upon registration, you may require to provide personal information and correctly fill in “Full Name”, “Phone Number”, “Address”, “National Registration Card number (NRC)”. “Bank information”, “Password”, etc from time to time as changed.
    • You are solely responsible for security of your account and for all acts or activities that occur under your account and User ID which are done by you or any other person. The Company will bear no responsible or liability for any loss or damage arising from unauthorized use of your password resulted from your negligence or your failure to comply with the Terms provided herein.
    • Locations of Merchants which are available nearby your current location will be showed in the Application from time to time and you may rent or return the power bank at any Merchant.
    • At any time, a User can rent one power bank as a maximum and shall not transfer or assign the power bank to any other person. You are responsible for any loss, damage or matters resulted from the transfer or assignment of the power bank and failure to comply with this Term.
    • The maximum rental period is (3) days from the date of rental and You shall return the power bank within such maximum rental period at any Merchant location.

  2. Service Fees and Payment
    • You shall pay in advance an amount of (18000/-) MMK as security deposit to be able to use the Service. Such amount of deposit shall be transferred back to you within (7) working days from the date of notice of termination of the use of Service and the Application sent by the User to us. However, if the transfer is requested to be made via VISA Card, Master Card or the likes, within (30) working days from such date of notice.
    • Service fees shall be made available and updated on the Application from time to time and there may be changes to amount of such fees at any time based on our business requirements. However, all new users will be able to use the Service with free of charge for (7) days from the date of registration or in accordance with any other announcement made by the Company from time to time.
    • The rental fees shall be calculated on an hourly basis, and the first five (5) minutes from the start-time of using the power bank is free of charge andshall be exempted from the calculation. An hourly rental fees shall be charged once such five (5) minutes have passed.
    • If You are not able to return the power bank within a certain period of time due to your negligence, default, damage, loss or any other cause, the rental fee shall continue to be charged up to a maximum of eight (8) more hours from the time of the rental.
    • If You do not return the power bank within such (8) hours as mentioned above, we will send you a notice to return the power bank within (3) days, and the rental fees will be charged only for such (8) hours.
    • If You fails to return the power bank within three (3) days pursuant to the notice sent under clause 2.5, the security deposit paid shall be forfeited for failure to return the power bank and You may no longer be able to access or use our Service under any circumstances in the future.
    • Payment of rental fees may be made as described in the Application from time to time.

Use of Application Terms

  1. Use of Application
    • We shall make no representation, warranty or guarantee that the Application or the Service may be run 24 hours a day and will not be interrupted or timely or error-free.
    • The Application may be modified, updated, interrupted, suspended or unavailable at any time without notice. Although we cannot make any such representation, warranty or guarantee that the Application will not be interrupted, suspended or error-free, we will, with our best endeavor, resolve such instances in order that the Application to be available to the Users, without any inconvenience.

  2. User Restrictions
    • You hereby ensures that the information provided by You or which are made available on the Application do not contain any such information that are incorrect, deliberately violates the rights of any other person or contain misrepresentation or unlawful description of sexual advance or violation of the laws or any attempt or encouragement to such acts and You shall be solely responsible for such information.
    • You must not obtain or attempt to obtain unauthorized access or impair, interrupt, harm the Service, servers, systems, networks or data.
    • You must not contribute viruses, malware, and other malicious programs or engage in activity that harms or interferes with the operation of the system or seeks to avoid security or authentication measures.
    • You must not engage behaviors that is harmful to other Users, third parties, or the business interests of the Application or the Company and/or the like.
    • You must not use our Service or Application to engage in unlawful or fraudulent activity, or to promote any illegal acts.
    • You shall not threaten, intimidate, and claim any accountability or liquidated damages to the Company and its affiliates, directors, officers, employees and other users of if the Application or Service for any matters arising from your negligence.
    • Where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, or which we deem in our sole discretion to be an abuse of the laws, there will be immediate cancellation of the Service and may also take legal actions.
    • You hereby agree to indemnify and hold harmless the Company, affiliates of the Company, its directors, shareholders, employees, or any other persons or entities which are related with the Company in business nature, from and against any and all claims, liabilities, losses, damages, expenses, costs, including the attorney’s fees and demands by any party that arise from or in connection with.

  3. Intellectual Property Rights
    • The Company solely own all propriety and intellectual property rights including trademarks, service marks, copy rights, product names, logos, slogans, packaging designs and any other intellectual property rights associated with the Company contents and services. Therefore, no person shall use any of such rights, whether in wholly or partly, except such person authorized by our written consent and legal actions will be taken for any unauthorized use subject to the applicable laws.

  4. Changes to the Terms
    • These terms and conditions may be amended, modified or updated from time to time.
    • If we do so, we will notify or announce (but not oblige to do so particularly to You) in any suitable means for such amendment, modifications or update on the Application.
    • You are agreed to bound by changes to the terms when You use our Service or Application after the modification is updated on our platform. Therefore, You should regularly review to stay updated about the changes to the Terms.

  5. Limited Liability
    • Notwithstanding any damages that You might incur, the entire liability of the Company under any provision of this Agreement and your exclusive remedy will not be more than amount of any rental fees and the security deposit.
    • To the extent of the respective law, the Company is not liable to You or any other person for any direct, indirect or consequential loss, damage, claim, liability, expense or cost arising out of or in connection with
      • any delay or failure of Services due to technical error or unavailability of the Services or your account; or
      • other abnormal or unforeseen circumstances beyond the control of the Company; or
      • interruptions, delays, errors in transmission, disconnection of mobile services by any network service provider or for any other cause, including the failure to execute any internet or mobile payment transaction of any power bank rental fees; or
      • any other reason which raised out of this terms and conditions.
    • If the respective laws do not allow the exclusion for consequential or incidental damages or limitation of liability, the liability of the Company will only be up to the extent permitted by law.

  6. Governing Laws and Dispute Resolution
    • These terms and conditions shall be governed by the laws of Republic of the Union of Myanmar.
    • In any event of dispute, You or the Company must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief or remedy requested. You must send any Notice of Dispute via email to info@powerflash.com.mm or call our hotline (09881288885) .
    • Any dispute will be resolved amicably through negotiation within fourteen (14) days from the date the Notice of Dispute is sent, or otherwise such dispute shall be referred to any respective courts having jurisdiction under the laws of Myanmar.

  7. General Provisions
    • This Agreement, together with the Privacy Policy and any other legal notices published by the Company on the Services, shall constitute the entire agreement between You and the Company concerning the Services.
    • If any clause of this Agreement is or become illegal, invalid or unenforceable, in whole or in part, under any applicable law, such provision shall be deemed deleted and the validity and enforceability of the rest of the provisions shall not be affected.
    • Unless otherwise expressly stated, any waiver of a breach of this Agreement will not be deemed to be a waiver of any subsequent breach. No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
    • The Company is not liable for any failure or delay in performance due to causes beyond its reasonable control including, but not limited to, acts of God, war, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. Company’s performance of this agreement be suspended until such circumstances cases to exist. Company shall not be liable to You for any failure or delay in performance set out hereunder while those Force majeure events continue.

  8. Contact Us
    Please do not hesitate to contact us regarding any questions or comments You may have.
    Email: info@powerflash.com.mm
    Phone Number: 09881288885
    Website: https://www.powerflash.com.mm
Appendix (A) – Definitions

“Merchant” means shop or shops which are engaged with Power Flash Technology Co. Ltd to carry out as a station for power bank rental service to the Users.