Single | Storebuxa

Definitions
1. “Affiliates” in relation to the Storebuxa shall mean any Person that controls, is controlled by or is in common control of the ownership of Storebuxa. For purposes of this definition, “Control” means the power to direct the management or policies of a Person, whether through the ownership of such Person, or through contractual arrangements or otherwise;
2. “Agreement” The Agreement or this Agreement or Terms shall refer to this ‘Terms and Conditions” to use the website and shall form a complete agreement between the Guest, Host and the Storebuxa;
3. “Applicable Laws” means the laws in force in India applicable to Storebuxa or any of itsrespective Affiliates, properties, assets, officers, directors or employees, agents, consultants, as the case may be, in their respective jurisdiction of existence or operation;
4. “Advance Rent” shall mean and refer to rent amount of two weeks (in case of booking made for a period of two weeks) or one month (in case of booking made for any other period in multiple of one month), paid by the Guest for making the booking.
5. “Booking Date”shall mean and refer to the date on which the Guest books the property by paying the Booking Amount;
6. “Booking Amount” shall mean and refer to the amount being 25% of the Security Deposit amount, 100% of the Security Deposit or 100% Security Deposit and Advance Rent, as the case may be, paid by the Guest while booking the property;
7. “Commitment Period” shall mean and refer to the minimum period for which the Guest agrees to take the property of the Host on rent;
8. “Goods” shall mean and refer to the goods, items and vehicles to be stored or parked in the Host’s property by the Guest’s of the Storebuxa and excludes the items mentioned in the permanent excluded category as contained in clause XII (B) (vii) of the Terms;
9. “Guest” shall refer to all Persons who access the Website including registered and unregistered users account’sof the Website;
10. “Host” refers to the person unrelated to the Storebuxa who lists his/her/its property on the website on the Storebuxa for the purposes of storage by the Guest on a fixed rental fee. The Storebuxa itself does not indulge in any selling activity of the Host and only provides a platform for integration of the meets of Hosts and Guests;
11. “Listing” shall mean publication of Host’s propertyfor storage purposes on the Website;
12. “Person” means and includes any natural person and legally recognised entity;
13. “Property/Storage Space” means and refers to the property or any part thereoflisted by the Host on the platform of the Storebuxa, for letting out the same for various purposes including but not limited to parking facilities and storage of goodsto the registered Guest(s) of the Storebuxa;
14. “Rental Fee” means and refers to the amount paid by the Guest for the Storage Agreement and shall include the listing price fixed by the Host for renting out its property to the Guest plus applicable taxes;
15. “Listing Price” shall mean and refer to the amount fixed bythe Host for renting out its property to the Guest
16. “Services” shall mean the Storebuxa’s business of providing an e-platform through it’s Website against commission income from Host, for listing of Host’s property for storage and allied purposes to Guest on payment of stipulated rental fee;
17. “Service Fee” means the amount which will be charged by the Storebuxa from the Host from the rental fee being paid by the Guest for using the storage space of the Host listed on the website of Storebuxa, towards the services of Storebuxa. The rate of service fee charged by the Storebuxa from the Host is 25% of amount (exclusive of taxes) paid by the Guest;
18. “Storage Agreement” means and refers to using of the Host’s property by the Guests of Storebuxa for keeping, storage and putting away of the Goods for a committed period;
19. “Storebuxa” refers to us and our proprietorship concern working under the name & style ‘VN Storage Solutions, having GST no: 07ABYPN6379A1Z4, having its registered office at 9 Sanskriti, Daffodil Lane, Near Tanya Garden, Satbari, New Delhi, 110074. Storebuxa can be addressed as Our and Us in this Agreement;
20. “Third Party” shall refer to any person or legal entity who is not a party to this Agreement;
21. “User” means and refers to the registered and unregistered Guests, Hosts and any other third party visiting the website and availing the services being offered by Storebuxa. Words like ‘You and Your/s’ shall have the reference to the User of thewebsite ;
22. “User Account or Account” means and refers to as the Account maintained by the Guest or Host on the StorebuxaWebsite;
23. “User Information” shall mean name, address, phone number, email ID or such other personal information of the User obtained by the Storebuxa through which it is possible to identify a User;
24. “Website” refers to our website having link ‘www.storebuxa.com’. This Website is owned and operated by Storebuxa.
25. “Structural Damage”shall mean and refer to damage of any kind to the structure, fixtures and fittings of the property.
26. “Structural Damage Incident”shall mean and refer to an incident causing Structural Damage to the property, and may comprise one or more discrete instances of damage or loss, as long as they have a causative element in common. Storebuxa reserves the absolute right in its sole discretion to determine what constitutes a Structural Damage Incident in practice, what was the cause of such Incident, and whether damage was caused by one single such Incident, or multiple Incidents.
Interpretations
1. Agreement means this Agreement together with all Schedules and Annexures (if any);
2. References to a party hereunder shall include such party's successors, permitted assigns and any persons deriving title under it;
3. The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such Clauses;
4. The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Agreement to such person or persons unless the context otherwise permits;
5. Any grammatical form of a defined term herein shall have the same meaning as that of such term; and the words "including" and "includes" herein shall always mean "including, without limitation" and "includes, without limitation", respectively.
Acceptance of Terms and Conditions
1. By using and/or accessing, with or without registration, our Website ‘www.storebuxa.com', the User unconditionally agrees to the Terms and Conditions provided herein this Agreement. If you do not wish to agree to the outlined terms and conditions, please refrain from using this Website.
2. Amendments and changes: Storebuxa solely reserves the right to amend the Terms at any time. All amendments to the Terms will be posted on the Storebuxa’s Website. Such changes may include, among other things, the adding of certain fees or charges. The said amendment once posted on Website shall be effective immediately and shall be deemed to have been read, understood and agreed by the User. Continued use of any of the Services provided by the Sorebuxavia Website (or via other electronic or other communication from the Storebuxa) including the information services, content and transaction capabilities on the Website, including the continued and further utilisation of our Services in any other way shall deem to constitute acceptance of the amended Terms.
3. The Services (defined hereinbefore) of 'Storebuxa’ is provided by VN STORAGE SOLUTIONS, a proprietorship concern and having its registered office at9 Sanskriti, Daffodil Lane, Near Tanya Garden, Satbari, New Delhi, 110074, India. Storebuxa does not guarantee any business to such Host and aims to provide a platform for integration of the needs of the Hosts and the Guests of Storebuxa. Storebuxa’s principal function is to provide advertising space and it is not a property broker or a rental agent.
General Terms
1. These Terms will override any previous understanding (whether written or oral) between the User and Storebuxa on the subject matter of theseTerms. The Terms shall be valid and effective until the termination of the agreement as per clause XV of the Terms. .
2. Host by enlisting his/her/its property on the Storebuxa’swebsite, hereby grants us consent to allow ourregistered Guests to contact the Hosts using theWebsite.
3. Storebuxa reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that the Storebuxa shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Storebuxa’s Services.
Modus Operandi
1. Storebuxa currently operates through Website. Storebuxa may, at its discretion use a different platform or modify the manner in which it operates.
Commercial Terms
1. Listing of Host– Storebuxa permits Hosts to list their properties post Registration on its Website. The details of listing, including description of property provided by the Hosts, are to be provided by Hostsand Hosts shall be solely responsible for the details provided in his/her/its listing.
2. Priority in Listing – Host hereby agrees that the priority in the listing shall be determined by Storebuxa, which shall in turn be determined on various factors including but not limited to reviews, time taken to accept bookings, maintenance of property etc.
3. Removal of Listing – The Storebuxa can remove the listing of the Host at any time at the sole discretion of Storebuxa or in case, Host has committed breach of this agreement, or on receipt of request/complaint for removal from the User or on account of commitment of such act which is not permitted by Applicable law.
4. Amendment of Listing - Storebuxa reserves the right to change the Listing options by adding new listings or deleting the existing listings or adding, deleting, modifying or merging any categories or keywords. The final decision-making power with regard to Listing shall, however, vest in Storebuxa and such decision shall be final and binding on the Host.
5. Payment Modes – The Storebuxacurrently does not charge any Listing Feesfor publication of Hosts property on its Website. However, Storebuxa charges a fixed service fee for successful renting out of Host’s property to the Guests. The rate of service fee is 25% of the Price and it shall be deducted by the Storebuxa from the rental fee (exclusive of taxes), to be paid by the Guest to the Host, prior to release of fees to the Host. The Storebuxa allows the Guest to make the payment of Rental Fee by the following modes:
  1. Credit or Debit Card;
  2. ECS
  3. Net Banking
    1. It is hereby clarified that the Storebuxa does not encourage/prefer that payments be made in cash, via direct bank transfer or another means of payment, except for payments made through Storebuxa platform. Any payments made by the Guest to the Host directly and off the Storebuxa platform, shall be at the sole risk of the Guest, without any recourse to Storebuxa.
    2. Any breach of this clause may result in deletion of the accounts of all Users knowingly involved in such breach.
    3. Payments will be made by the Storebuxa to the Host monthly or as directed by Storebuxa. Storebuxa shall make best efforts to release the payment of the Host within 7 (Seven) working days from the date of receipt of the Rental Fee into its bank account, (subject to delay due to technical malfunctions). However,Storebuxa will not be liable in any manner for any delay in releasing the Rental Fee beyond the control of the Storebuxa.
    4. Rental Fee payments can be made by the Guest for the Storage on a monthly basis at least 2 days in advance of the start date each month. For bookings for a period of 2 weeks or less, the guests shall make the complete payment in advance.
    5. The Guest hereby agrees that it shall make the payment via such mode which is mentioned on the Clause VI of these Terms.
    6. Payment of Rental Fees is an essence of this Agreement and non-payment can result in termination of this Agreement at the discretion of the Storebuxa. The Guest shall also be liable to pay delayed payment penalty during that period
6. Consequences Of Non-Payment of Rental Fees - In the event,Guest fails to make Rental Fee due and payable, in time and as per the payment plan chosen by him, Storebuxa may, in its sole discretion, direct the Host to suspend the access of the Guest to the property, until necessary payments are made by the Guest. Further, the Guest agrees and acknowledges that the Guest shall be deemed to have waived his rights to freely access the property occupied by the Guest for the period during which the Service is suspended for non-payment. The right of Storebuxa to suspend the Service shall be without prejudice to Storebuxa's right to terminate the Agreement for any material breach committed by the Guest. In case, the Storage Agreement is terminated for non-payment of Rental Fee, Storebuxa shall have the right to recover the cost of removal of goods and disposal of the same from the sale of those goods and further recover the remaining outstanding from the Guest.
7. The Storage agreement would be automatically renewed on the same terms and conditions unless determined otherwise by the User. The automatic renewal is at the absolute discretion of the Storebuxa.
8. Issuance of Invoice
  1. On receipt of the Rental Fees and subject to credit of actual payment in the account/books of the Storebuxa, Storebuxa will issue an invoice on behalf of the Host to the Guest containing, interalia, the following details:
    1. The Listing Price plus the taxed payable; and
    2. Description of the property of the Host taken on rent by the Guest.
  2. Invoice is valid subject to realization of payment.
  3. Host, hereby, expressly authorises Storebuxa to issue Invoices for the Rental Fee to the Guest, on behalf of the Host.
  4. Host agrees and acknowledges that issuance of Invoice by Storebuxa on behalf of Host, does not, in any way, form any kind of agency or any other association between Storebuxa and Host.
  5. Storebuxa shall issue an Invoice to the Host for the Service Fee charged by Storebuxa from the Host along with applicable taxes.
9. Taxes
  1. TCS - The Storebuxa falls under the category specified under section 194C of the Income Tax Act and accordingly an amount of 1% of TCS is deductible by Storebuxa from the payments made by Storebuxa to the Host, having valid GST numbers. Storebuxa shall be responsible for depositing the amount so collected with the tax authorities.
  2. GST – Services as being provided on the platform of Storebuxa are subject to Goods and Services Tax (GST). Applicable amount of GST shall be collected by Storebuxa from the Guest under the Invoice as issued by the Storebuxa.
  3. In case, Host has registered its GST on the Storebuxa platform, Host expressly allows Storebuxa to generate invoice on the name of the Host containing complete information about the Host including the GST registration number, address etc. In such case, Host shall be solely liable to deposit the GST so collected with the tax authorities.
  4. In case, Host is not registered under GST regime, Storebuxa shall be solely responsible for depositing the amount of GST collected with the tax authorities.
  5. Storebuxa shall also an issue an Invoice for the Service Fee charged along with applicable GST and Storebuxa shall only be liable to deposit said tax with the tax authorities.
No Guarantee Of Business
Storebuxa does not guarantee any business to the Host. Storebuxa merely provides a platform to the Guest and Host to match their needs and create business opportunity for themselves. The principal function of Storebuxa is to provide an advertising space and is not in any way a property broker or rental agent.
No Marketing
Storebuxa is not obliged to and neither intends to and does not market the offerings of the Host and shall not be obliged to recommend the Host to the Users. Storebuxa's obligation under the Terms is limited to the obligations explicitly set out herein and in no event does Storebuxa undertake to generate or guarantee inquiries or business to the Host.
Consent For Reaching Out Via Phone Call, Sms, Email Or Any Other Form Of Electronic Communication
It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages or in any other electronic form.
Indemnification
Host shall indemnify and hold harmless Storebuxa, its affiliates, directors, officers, agents and employees from loss, or damage including attorney's fee, arising from any claim asserted by any third party including any User due to or arising out of any action or inaction of Host, its employees or agents, including but not limited to, intellectual property claims, any claims pertaining to incorrect or false information of the property of the Host on the Website of Storebuxa, regarding content of the Listing of the Host and any claims including but not limited to the quality or usefulness of the property of the Host, damage to the Goods of the Guests kept in the Property.The Guest shall indemnify and hold harmless the Storebuxa, its affiliates, directors, officers, agents and employees from loss, or damage including attorney's fee, arising from any claim asserted by any third party including any User due to or arising out of any action or inaction of Guest, its employees or agents, including but not limited to, intellectual property claims, any claims raised by the Host regarding damage to the property of the Host, done by the Guest while using the property during the validity of the storage agreement or any other claim against the Guest due to any action, inaction or failure on the part of the Guest.
Confidentiality And Related Obligations
The Host/Guest shall keep any information regarding the other Users of the Service ("User Information") confidential both, during the subsistence of this Agreement and after its termination. The Host/Guest shall not, without the prior written consent of Storebuxa and respective User, transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Host/Guestis specifically prohibited from using the User Information for purposes of seeking any commercial gain out of said User Information. In the event,Storebuxa is made aware of any such practice of the Host/Guestin violation of the terms of this Agreement, Storebuxa shall be entitled to terminate the Agreement as well as initiate such legal proceedings against the Host/Guest, as it may deem fit at its sole discretion and without prejudice to rights available to it under Applicable Law.
Obligations, Warranties and Covenants
1. Host represents and warrants that:
  1. he is a bona fide resident of India and earning his/her/its livelihood by lawful means;
  2. he is the lawful owner of the property being listed out on the Storebuxa website and is in lawful possession of the same;
  3. he has the clear and undisputed title to the property and no dispute is pending in any court of law in India;
  4. the property is not mortgaged or put in lien to any other person or third party and if so, such mortgage or lien do not restrict the letting out the property to the Guest;
  5. he is duly authorised to manage the affairs of the property by way of properly executed power of attorney in his/her favour by the lawful owner;
  6. the property has all facilities as mentioned in the listing, in terms of lighting, storage space, location, security, ingress and egress and other services available;
  7. the Guest shall have free access and at the times as described by the Host under the Listing on the Portal to the part of the property occupied by the Guest and the Host shall have the limited access only for checking purposes;
  8. it has the rights to use the trademarks in relation to the property or the listing, in case the host is an organisation;
  9. the property listed out by the Host does not violate or infringe upon any law or regulation and all registrations, authorizations and permission necessary approvals required for renting out the same have been procured by it; and
  10. every information and description provided about itself (Host) and the property to Storebuxa, is and shall at all times be accurate, valid and complete;
  11. the Host shall approve or decline the expression of Interest from the Guest, within 24 hours from the receipt of Booking request. In the event, the host fails to approve the request within 24 hours from the receipt of Booking request, the Booking shall be deemed rejected from the Host;
  12. the Host will take appropriate efforts to maintain the security of the Property with such due care and diligence, as of his own property;
  13. the Host will not indulge in any kind of interference in the use of the Storage Space and shall not cause any replacement, theft or removal of any kind of the material placed under trust by the Guest in the Storage Space;
  14. the Host would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the Host to Storebuxa) to Storebuxa.
  15. the Host undertakes to provide a copy of the lease / licenses/ registrations or any other documents showing the ownership of the Host over the listed property and also provide any other government approved Identity proofs such as ration card, aadhar card, voter id card, driving license and residential proofs such as electricity bill, telephone bill etc.to list the property on the website of Storebuxa.
  16. Storebuxa shall not be liable for reviewing the content and for any legal violation due to the publication of the Content. The Host shall review and be solely responsible for the content of its Listing, and ensure that the Content:
    - Is not made in contravention to any Applicable Law for the time being in force.
    - Does not misrepresent the source of anything posted, including impersonation of another individual or entity or any false or inaccurate biographical information for any Host or Listing;
    - Does not provide or create links to external sites that violate the Terms of Service;
    - Does not contain falsehoods or misrepresentations that could damage the reputation and Goodwill of Storebuxa or any third party;
    - Is not pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
    - Is not copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant the Storebuxa all of the license rights granted herein;
    - Does not contain or promote an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
    - Is not intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
    - Does not intend to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate the Storebuxa’s employee, agent, manager, another user, or any other person though any means;
    - Does not advertise or solicit a business not related to or appropriate for the Website (as determined by the Storebuxa in its sole discretion);
    - Does not use any form of automated device or computer program that enables the submission of Content without the express written consent of the Storebuxa;
    - Does not offer to make national or international money transfers for amounts exceeding the asking price of a Host’s goods or service, with intent to request a refund of any portion of the payment;
    - Does not contain unsolicited advertising or marketing of a service not offered on the Website or an external website
  17. The Host agrees that Storebuxa and Storebuxa’s platform’s reputation is linked with that of representation of the content of the Host and any inaccuracy or untruthfulness in the content shall cause irreparable harm to the reputation of the Storebuxa, hence, Host shall be liable and agrees to bear the cost of damage or loss of profit to the Storebuxa as a result of harm to the Storebuxa and/or it’s reputation on account of misrepresentation in the content of the Host.
2. Guest represents and warrants that:
  1. he is a bona fide citizen of India and earning his/her/its livelihood by lawful means;
  2. he is the lawful owner of the goods being kept/placed in the Storage Space and is in lawful possession of the same;
  3. he has the clear and undisputed title to the goods being kept/placed in the Storage Space and no dispute is pending in any court of law in India;
  4. the Goods are not mortgaged or put in lien to any other person or third party and if so, the Guest has made aware the Mortgagee and Lien holder about the storing of goods in the Property;
  5. he is duly authorised to manage and take care of the goods by way of duly executed power of attorney in his/her favour by the lawful owner;
  6. the goods have not been obtained by unlawful means and is/are not a theft property;
  7. proper tax and government statutory dues have already been paid to the Government authorities during the procurement of the goods and the Guest possesses proper documentation and invoices for the said goods;
  8. the goods do not belong to prohibited categories. Prohibited items shall mean to include but not limited to drugs (sale and purchase of which is prohibited under some law for the time being in force in India); radioactive material; inflammable material and hazardous goods including petrol, gas, oil, paint, white spirit or lighter fluid; material containing pornographic content; Toxic, hazardous, pollutedor contaminated goods; firearms, munitions, weapons or explosives; living or dead plants, animals, insects, fungus or bacteria; perishable goods including fruit, vegetables, meat or cheese; anything damp, mouldy, rotten or infested with or damaged by parasites; any item which emits any fumes or strong odour, produces gas or leaks liquid; cash and securities; stolen property; waste; any item which creates noise, generates heat, increases in size or may burst; or any item which may be declared as dangerous for storing by the Storebuxa in its sole discretion;
  9. the Guest has the requisite permissions / licenses / registrations to deal in the category of the goods being placed in Storage Space;
  10. the goods being stored do not violate or infringe upon any law or regulation and all registrations, authorizations, permissions and necessary approvals required for owning the same have been procured by it; and
  11. all information provided about itself (Guest) to Storebuxa, is and shall at all times be accurate, valid and complete;
  12. the Guest will take appropriate efforts to maintain the property in such manner and with due care and diligence, as of his own property;
  13. the Guest will not indulge in any kind of interference in the property area outside the storage space and shall not cause any replacement, theft or removal of any kind of the material placed under trust by the Host in the Storage Space;
  14. the Guest shall not make any removal or addition of permanent or temporary, fixture, fitting, furniture or any other improvement in the Storage space without the express written consent of the Host and Storebuxa;
  15. the Guest shall restore the Storage Space in its original condition (in the condition it was let out to the Guest by the Host) except normal wear and tear arising out of the use of the property in a judicial manner;
  16. the Guest shall not cause any damage to the property and shall always maintain the property in a judicial manner. In case, damage is caused to the Property by Guest, the Guest shall pay reasonable compensation to host for the repair of the Property;
  17. the Guest shall allow the Host and Storebuxa’s employees, agents or authorised persons to visit and inspect the property on any working day during official working hours;
  18. the Guest would be solely responsible and liable for the information provided to Storebuxa;
  19. the Guest undertakes to remove the Goods from the Property upon termination of the Storage Agreement;
  20. the Guest undertakes to provide a copy of any invoice, registrations or any other documents showing the ownership of the Guest over the goods and also provide any other government approved Identity proofs such as ration card, adhar card, voter id card, driving license and residential proofs such as electricity bill, telephone bill etc.for procuring the services of Storebuxa.
  21. the Guest shall ensure that the use of Storage space by the Guest does not contravene any Applicable Law for the time being in force.
3. Mutual Obligations, warranties and covenants for Guest and Host:
  1. The User acknowledges and accepts that any grievance as to the Services will be entertained only as long as the Agreement remains in force and that Storebuxa will not entertain such grievances post-expiry or termination of the Agreement;
  2. User accepts and acknowledges that Storebuxa has a right to cross verify and ensure filling up of all the user details including but not limited to the contact information of the user, information pertaining to the property being listed by the Host. The User agrees that it will keep Storebuxa updated about change in any information pertaining to Listing or any other information related to the User already supplied by the User to the Storebuxa. The User would, by default, be bound by the explanation or description of the property, account details or any other details of the User communicated by Storebuxa to other Users or any other third party;
  3. User hereby agrees to keep proper receipts, invoices and details for the transactions entered into by and between the Guest and the Host;
  4. User hereby agrees and undertakes that during the term of this Agreement and after the termination of this Agreement (for any reason), it will not directly or indirectly contact or forward the leads/enquiries directly or to any Third Party, mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert or take away any of the Storebuxa's enquiries/leads including registered and unregistered user. Any such conduct by Host/Guest will lead to a termination of the Agreement and Storebuxa at its discretion will initiate proceedings against Host/Guest before appropriate forum for recovery of possible income loss.
  5. User hereby agrees and confirms that during the term of this Agreement and after its termination (for any reason), Host will not directly or indirectly either for itself or for any other commercial enterprise, solicit, divert, hire or attempt to solicit, divert or usurp, any of Storebuxa's current or past or potential employees, business or Users. User shall not advertise or perform any solicitation, including but not limited to solicitation of Users to use the services of Host directly or promoting its services by any means whereby Users are motivated to not to use the Storebuxa Website and to use the Host Services directly. Guest shall also not contact the Host directly, thereby surpassing the Storebuxa, which shall result in deletion of the Guest/Host account by the Storebuxa at its sole discretion and take any legal action against the defaulting party for loss of revenue. Any conduct by User that in Storebuxa's discretion restricts or inhibits any other User/customer from using or enjoying the Storebuxa services will not be permitted. During the term of this Agreement and for 5 (five) years after any termination of this Agreement, User will not directly or indirectly, in any capacity:-
    - solicit any users of Storebuxa by means of providing discounts, gift coupons etc in the event users use the Services of Host directly;
    - divert, entice, or otherwise take away from Storebuxa the business of any user/customer, or attempt to do so, orsolicit or induce any user/customer to divert or reduce its relationship with the Storebuxa.
Disclaimer And Limitation Of Liability
1. To the fullest extent permitted by law, Storebuxa disclaims all warranties, express or implied, including without limitation for non-infringement, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, Storebuxa disclaims all guarantees regarding accurate listing of the Host. Host understands that there may be errors in such positioning. Neither Storebuxa nor the Host/Guest will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in Agreement, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for Host's/Guest’s indemnification obligation. In any case,Storebuxa's aggregate liability to the Host/Guest is limited to the one month’s rental fee of the property in connection with the dispute, immediately preceding the date of the claim. Storebuxa is also not liable for any claim owing to any misrepresentation of the information pertaining to the User or property/goods of the User, so long as the information exhibited/ communicated by Storebuxa conforms to the information made available by the User or its authorized representative.
2. The Storebuxa only acts as a platform for listing of Hosts property and provide an integration of the needs of the Host and Guest for mutual benefit and final discretion and responsibility of selecting a Host and entering into the agreement is that of the Guest and the Host or such other person authorised by the Guest and the Host. For all the purposes, the Storebuxa shall remain an unrelated Third Party for such agreement and does not take responsibility of execution of the agreement or abidance by any of its terms of either party to that agreement.
Additional Disclaimer
1. User confirms that, Storebuxa will not be responsible and liable for all matters between Guest and the Host including but not limited to transactions entered into between such Guest and the Host. Storebuxa only provides a platform to the User and only assists in smooth execution of the same. Storebuxa do not, in any way, assures of complete resolution of the disputes between the Guest and the Host and only limits its intervention upto a limited level to reduce any complexities and simplifying the process of renting out of property.
2. In the event of receipt of multiple complaints from the Guest/Host regarding the other’s property or use of property, Storebuxa reserves the right to discontinue the provision of Service to the Guest/Host and remove his Listing/account and/or take any other action as may be deemed appropriate.
Termination
1. Storebuxa’s right to terminate.
  1. Storebuxa reserves the right to initiate termination of the Storage Agreementbetween the Guest and the Host at any time, either on the request of the Host/Guest for any non-compliance of any material condition or on the non-performance of their obligation and warranty.
  2. Storebuxa, shall have undisputed right to initiate termination of the Storage Agreement, if the Host/Guest commits a breach of a material duty owed to the other party or to the Storebuxa.Storebuxa may, at its discretion, call upon the Host/Guest to rectify the breach within 14 (Fourteen) days of the receipt of notice, failing which Storebuxa may terminate the relationship between Host/Guest and Storebuxa, and Storebuxa shall not be a party to any dispute, further arising between Host and the Guest.
  3. Storebuxa shall have the right to direct the Host to terminate the agreement, in case of non-receipt of Rental Fee from the Guest, in respect of the property within 7 days of the payment becoming due and payable by the Guest. In case, Host refuses to terminate the agreement, then the Host agrees to take full and complete liability for any dispute arising between the Host and the Guest and Storebuxa shall not be bound liable for the same and shall also not render any service of resolving such dispute.
  4. Upon termination of the Agreement, Storebuxa will not be bound to delist the Host as a Hostor remove the account of the Guest and cease disseminating Information of the Host/Guest to the Users. However upon termination, Storebuxa shall have the right to delist the Hostor remove the account of the Guest without prior intimation thereof to the Host/Guest.
  5. In case of technical difficulties in continuing the Agreement, Storebuxa reserves the right to terminate the Agreement by giving written intimation to the Host/Guest.
  6. If a User violates any of the above-referenced rules in connection with his or her listing/account, the Storebuxa, in its sole discretion, may take any of the following actions: (a) cancel the Listing; (b) remove the account, (c) limit Account privileges; (d) suspend the Account; (d) decrease the User’s status rating earned through feedbacks.
2. Termination by Host/Guest.
  1. Storage Agreement can be terminated by the Host/Guest without any cause, by serving a 1-month notice period on the other party.
  2. Non-payment of Rental Fee is a ground of termination of this Agreement, which can be exercised by the Storebuxa at its discretion.
  3. Request for termination of the Storage Agreement has to be made by the User to the Storebuxa by sending an email to admin@storebuxa.com.
Booking Amount, Security Deposit, Notice Period, Cancellations and Refunds
1. Booking Amount and Process.
  1. Booking can be made by the Guest for minimum period of two weeks and any other period in multiple of one month.
  2. Booking start date will be denoted by the letter “T”.
  3. The Guest can book a property by making an initial payment of 25% of the Security Deposit with the Storebuxa as Booking Amount, showing his interest in the property;
  4. The event of successful placement of booking shall be referred to as the “Booking Request”.
  5. Free cancellation period of 24 hours shall start from the time when Host confirms the booking (“Cooling Off period”);
  6. The Guest shall make the payment of remaining 75% of the Security Deposit amount within 72 hours from the lapse of cooling off period (‘Grace Period’);however for properties with ‘Instant Book’ feature the Grace Period will be 48 hours from the lapse of cooling off period.
  7. The Guest shall make the payment of Advance Rent within T-2 days, in case, Booking start date is beyond 7 days from the Booking request.
  8. For bookings made within 7 days of start date (T-7), the Guests shall pay 100% security deposit at time of booking and shall pay the Advance Rent within T-2 days;
  9. For bookings made within 3 days of start date (T-3), the Guests shall pay 100% security deposit and Advance Rent at the time of booking.
  10. On receipt of the booking amount, Expression of Guest’s Interest will be approved by the Host within 24 hours.
  11. Booking will be treated as confirmed only after receipt of payment of 100% security deposit amount and / or, 100% Security Deposit and Advance Rent, wherever applicable;
  12. For Instant Book feature, the property shall be confirmed immediately on Booking request with automatic approval from the Host.
  13. In case, the Guest fails to pay the 100% Security Deposit within the Grace Period, Booking shall be deemed cancelled and refund shall be issued in terms of clause XVI (C).
  14. In case, Guest fails to pay the Advance Rent within the time stipulated, the Booking shall be deemed cancelled and refund shall be issued in terms of clause XVI (C).
  15. Booking for a property shall not be allowed for more than 2 months in advance.
    Illustration A: Booking Start Date beyond 7 days from Booking Request
    
    Basic Rent – 5,000
    GST – 900
    Total rent – Rs5,900
    Security Deposit – Rs 5,000 (1month rent exclusive of GST)
    Booking Amount – Rs 1,250 (25% of the Security Deposit)
    Booking Period – 01.04.2018 – 30.09.2018
    Booking Start Date – 01.04.2018
    Booking Request – 05.02.2018
    
    Mr. Manav (Guest) is interested in a property for a period of 6 months, starting from 01^stApril 2018 till 30^th September 2018. Security Deposit for the property is Rs. 5,000/-. Mr. Manav, books the property by making a payment of Rs. 1,250/- on 5^thFebruary 2018.Mr. Manav has to pay the remaining 75% of the Security Deposit amount, i.e., Rs. 3,750/- within 72 hours from the Booking request (05.02.2018), i.e, upto 08.02.2018. Advance Rental Fee of Rs. 5900/- has to be paid on or before T-2 days. Here, T is 01.04.2018 and thus, the Advance Monthly Rental has to be paid before T-2, i.e, 11:59 pm on 29.03.2018.
    
    llustration B: Booking Request made within T-7 days but beyondT-3 days from Booking Date
    
    Basic Rent – 5,000
    GST – 900
    Total rent – Rs5,900
    Security Deposit – Rs 5,000 (1month rent exclusive of GST)
    Booking Amount – Rs 5,000 (100% of the Security Deposit)
    Booking Period – 01.02.2020 – 30.04.2020
    Booking Start Date – 01.02.2020
    Booking Request – 26.01.2020
    
    Mr. Sanket (Guest) is interested in a property for a period of 3 months, starting from 01^st February 2020 till 30^th April 2020. Security Deposit for the property is Rs. 5,000/-. Mr. Sanket, books the property by making a payment of Rs. 5,000/- on 26^th January 2020. Advance Rental Fee of Rs. 5900/- has to be paid on or before T-2 days. Here, T is 01.02.2020 and thus, the Advance Monthly Rental has to be paid before T-2, i.e, 11:59 pm on 29.01.2020.
    
    Illustration C: Booking within T-3 days from Start Date
    
    Basic Rent – 5,000
    GST – 900
    Total rent – Rs5,900
    Security Deposit – Rs 5,000 (1month rent exclusive of GST)
    Booking Amount – Rs 10,900 (100% Security Deposit plus Advance Monthly Rental)
    Booking Period – 01.05.2020 – 31.10.2020
    Booking Start Date – 01.05.2020
    Booking Request – 30.04.2020
    
    Ms. Radhika (Guest) is interested in a property for a period of 5 months, starting from 01^st May 2020 till 31^st October 2020. Security Deposit for the property is Rs. 5,000/-. Ms. Radhika, books the property on 30^th April 2020 and thus, make the payment of Rs. 10,900/- (Advance Monthly Rental plus Security Deposit).
2. Security Deposit
  1. Security Deposit is the amount equal to the Advance Rent of the property booked. Security Deposit shall be returned to the Guest after termination or expiry of the Storage Agreement, after deductions, if any;
  2. Security Deposit shall be interest-free deposit, i.e, the Guest will not entitled to any interest on the same.
  3. Deductions from the Security Deposit can be made for (a) damage to the property, its furniture and fixtures, whether temporary or permanent, (b) costs towards removal of any temporary additions done to the property, (c) costs towards Rental Fee due, if any or on any other expense incurred on the restoration of the property due to poor handling of the property by the Guest, (d) costs to remove the material of the Guest, not removed by the Guest after vacation of the property by the Guest and disposal of the same;
3. Cancellation Fee and Refunds
  1. CANCELLATIONS FOR BOOKINGS WHERE BOOKING START DATE IS BEYOND 7 DAYS OF BOOKING REQUEST. [FOR NON-QUALIFYING REASONS]
    1. Cancellation within Cooling Off Period
      Guest shall be eligible to cancel the booking within 24 hours (‘Cooling Off Period’) of making the payment for Booking Amount, without any reason. In this scenario, the Guest will be refunded 100% of the amount paid.
    2. Cancellation after Cooling Off Period and within Grace Period(After 24 hours of Booking Request up to 72 hours thereafter)
      If Guest has paid only 25% of Security Deposit as Booking Amount, then Guest shall be charged 50% of the Booking Amount as cancellation fee. Refund amount shall be 50% of the Booking Amount.
      
      If Guest has paid 100% of Security Deposit as Booking Amount, then Guest shall be charged 15% of the Booking Amount as the cancellation fee. Refund amount shall be 85% of the Booking Amount.
    3. Cancellation after Grace Period and before within 7 days from Start Date(Beyond 72 Hours from Cooling off period till T-7 days)
      Guest shall be charged 50% of the Security Deposit amount as cancellation fee. Refund amount shall be 50%.
  2. CANCELLATIONS FOR BOOKINGS WHERE BOOKING START DATE IS WITHIN 7 DAYS OF BOOKING REQUEST (T-7 DAYS). [FOR NON-QUALIFYING REASONS]
    1. Cancellation after T-7 days up to T-3 days
      Guest shall be charged 80% of the Security Deposit amount as cancellation fee. Refund amount shall be 20%.
    2. Cancellation after T-3 days
      Guest shall be charged 100% of the Security Deposit as cancellation fee. No refund shall be issued.
    3. Cancellation after Start Date
      Cancellation after Start Date is not possible. The Guest must terminate the Storage Agreement in terms of clause XV (B).
  3. CANCELLATIONS FOR BOOKINGS WHERE BOOKING START DATE IS WITHIN 3 DAYS OF BOOKING REQUEST (T-3 DAYS). [FOR NON-QUALIFYING REASONS]
    1. Cancellation after T-3 days up to Start Date
      Guest shall be charged 100% of the Security Deposit as cancellation fee. No refund shall be issued.
    2. Cancellation after Start Date
      Cancellation after Start Date is not possible. The Guest must terminate the Storage Agreement in terms of clause XV (B).
  4. CANCELLATION FOR QUALIFYING REASONS
    1. Guest shall be charged NO cancellation fee and will be refunded 100% Security Deposit for cancellations made for Qualifying reasons.
    2. Following circumstances only shall be considered as Qualifying reason for cancellation:
      - The Property / Storage Space description or depiction is materially inaccurate in reality as compared to listing posted on Storebuxa’s platform;
      - The Property / Storage Space contains safety hazards that would be reasonably expected to adversely affect the Stored Goods;
      - The Host fails to provide reasonable access to the Storage Space when the Guest is due to move in their Stored Goods;
      - The Host is found to be otherwise in breach of the Storebuxa Terms and Conditions;
      - The Guest is forced to cancel due to exceptional circumstances outside of their control (e.g. injury, illness, death, natural disasters, government-mandated obligations).
    3. Storebuxa’s reserves the right to take final decision on claims of cancellations based on Qualifying reasons and can seek proper documentation and evidence from the Guest / Host for determining the actual reason of cancellation.
  5. Storebuxa shall refund the amount of Advance Rent collected, if any, in case of cancellation due to any reason, at any time before the Start Date.
  6. Any last minute cancellation by the Host can cause immense stress to the Guest and thus, Storebuxa reserves the right to evaluate the reason for cancellation and if found unreasonable, Storebuxa shall have the right to suspend the account of the Host and delist the property.
Notices
Notices for the termination of the Storage Agreement shall be made by the User in their account on the Storebuxa Website.Any other notice shall be sent by Registered Post/Email or Facsimile to the Facsimile Number/ Email addressed notified by Storebuxa or the User. Any notice refused by a User would be deemed to have been legally delivered and User will be deemed to have notice of the contents of such notice.
Intellectual Property Rights
The Storebuxa owns or holds the licenses to all Data and Marks on the WebsiteThe content on the Website (exclusive of all Content submitted by the Users), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by the Storebuxa. Other trademarks, names and logos on this Website are the property of their respective owners.

Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Storebuxa reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
1. The Storebuxa’s License to you for the use of Data and MarksThe Website contains the Storebuxa's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, andthe Storebuxa owns and retains all rights in the Storebuxa’s Data and Marks. Subject to these Terms of Use, the Storebuxa hereby grants you a limited, revocable, non-transferable, non-sublicensable license to reproduce and display the Storebuxa’s Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website.The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
2. Copyright Infringement Take Down ProcedureThe Storebuxa has high regard for intellectual property and expects the same level of standard to be employed by its Hosts/Guests and other Users. The Storebuxa may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at admin@storebuxa.com
  1. identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
  2. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit the Storebuxa to locate the material.;
  3. a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
  4. information reasonably sufficient to permit the Storebuxa to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
  6. a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."Only the intellectual property rights owner is permitted to report potentially infringing items through the Storebuxa's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.
Miscellaneous
1. Storebuxa's interpretation of the Agreement shall be final and binding on the User.
2. User agrees that neither a joint venture, partnership, employment, agency exists nor a joint venture, partnership, employment or agency is created by the virtue of these Terms between User and Storebuxa and that the User is not entitled to bind Storebuxa by its actions.
3. Storebuxa is subject to existing laws and legal process and nothing contained in the Agreement is in derogation of Storebuxa's right and obligation to comply with the law.
4. If any clause or part thereof of the Agreement is held to be invalid or unenforceable then the invalid or unenforceable clause/ provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid and enforceable and the remainder of the Agreement shall continue in effect. Such revision to the Agreement will be deemed to have been in effect from the Effective Date.
5. User may not assign any rights or obligations against Storebuxa without Storebuxa's prior written consent. Storebuxa reserves the right to transfer any right or obligation against User by issuance of notice of such assignment to the User. Upon such assignment, the assignee shall be bound by the Agreement in the same manner as Storebuxa and Storebuxa shall cease to have any liability to User. However, the Parties agree that Storebuxa has an unfettered right to assign the Agreement and the User is only entitled to a notice of such assignment. The Parties further agree that assignment of the Agreement by Storebuxa will not be subject to User's consent.
6. Storebuxa shall not be responsible for any delay or deficiency due to any force majeure events including but not limited to natural disasters, acts of terrorism, civil labour strike, labour and transportation strikes, government orders. During a force majeure event, the obligations of Storebuxa under the Agreement will stand suspended.
7. Nothing in the Agreement obliges or will be deemed to oblige Storebuxa to provide any credit to the User.
8. The Clauses X, XI, XII, XIII, XIV, XVI, XVII, XVIII, XIX, XX, XXI shall survive termination and/or cessation of this Agreement.
Dispute Resolution
Any and all claims, disputes, questions or controversies involving Storebuxa on one hand and the User on the other hand (together, the “Disputing Sides” and each individually a “Disputing Side”) arising out of, relating to or in connection with this Agreement, or the execution, interpretation, validity, performance or breach hereof (collectively, “Disputes”) which cannot be finally resolved by such Disputing Sides within Sixty (60) calendar days of the arising of a Dispute by amicable negotiation and conciliation shall be resolved by final and binding arbitration to be administered by a sole arbitrator appointed mutually by the Disputing Sides in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in New Delhi only and the arbitration proceedings shall be conducted in English. In connection with the arbitration proceedings, the Disputing Sides hereby agree to cooperate in good faith with each other and the arbitrator and to use their respective best efforts to respond promptly to any reasonable discovery demand made by such Party and the arbitrator. All expenses relating to the arbitration, shall be paid by the respective Parties.Each of the Parties expressly understands and agrees that the Award shall be the final and binding remedy between them regarding any and all Disputes presented to the arbitrator and shall be enforceable in any court of competent jurisdiction.
Governing Law
This Agreement and all matters arising from this Agreement shall be governed by and construed in accordance with laws of India. Subject to the provisions of the Clause XX of this Agreement and for such matters the Court at New Delhi shall have the exclusive jurisdiction under and in respect of any dispute arising out of this agreement and also in regards with the arbitration proceedings, and subject further to Applicable Laws in this regard.
Entire Agreement
These Terms, including any Annexures, if any, forms a single Agreement between the Parties hereto and constitute the entire understanding between the Parties with regard to the subject matter hereof and supersede any other Agreement between the Parties relating to the subject matter hereof.
Amendments And Waivers
No waiver by any Party of any term or condition of the Agreement, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of the Agreement on any future occasion.

Terms and Conditions

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