6.1 Registering on the Website, searching and view listing pages, and adding a listing of a storage space are free.
6.2 All financial transactions between the parties will be processed by a third-party electronic payment system (the 'Payment Manager') embedded in the Website. Payment processing services for Storage Providers on Stowfly are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the 'Stripe Services Agreement'). By agreeing to these terms or continuing to operate as a Package Storage Provider on Stowfly, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Stowfly enabling payment processing services through Stripe, you agree to provide Stowfly accurate and complete information about you and your business, and you authorize Stowfly to share it and transaction information related to your use of the payment processing services provided by Stripe.
6.3 Stowfly at its sole discretion reserves the right to set the price/fee for storage space including but not limited to facilities provided by the Provider, number and size of items to be stored by the seeker and duration of the booking. Stowfly reserves the right to change or modify the price whenever necessary as deemed appropriate at its sole discretion without giving any notice to the Users of the Website.
6.4 Stowfly at its sole discretion reserves the right to decide the Provider Share of the fees and may change it whenever necessary as deemed appropriate without giving any notice to Users of the Website. Currently, the Provider Share is fixed as $0.75 per package booking the Seeker pays for a booking minus the taxes and transaction fees to the Payment Manager and the bank, as applicable. Stowfly will not be responsible and liable for any personal income taxes that the Provider owes as part of such earnings that the Provider makes through this Provider Share of the booking.
6.5 Payment Cycle to Provider: Stowfly will pay the Package Storage Providers on a monthly payment cycle. For each monthly Provider share amount, that is, the amount aggregated via Provider Share for all successful bookings at all their Listings on the Website for that period, Stowfly will transfer this amount via online transfer, check or cash to the Package Storage Provider within 15 days of the end date of the period. Stowfly does not take responsibility for any delays in transfer resulting either due to the Payment Manager or the recipient Provider's bank or inaccuracy in bank account information provided to Stowfly at the time of registering on the Website. In the event of canceled or modified bookings, there may be significant delays in transferring the Provider Share for these bookings and such amounts may not be covered in the normal bi-weekly/monthly payment cycle. However, upon settlement of a cancelled or modified booking, the Company will ensure transfer of Provider's share in the subsequent Payment Cycle.
6.6 All Users explicitly agree that all fees and charges for any booking must be only made using the booking system on the Website. Under no circumstances may the Package Storage Provider solicit or accept payment of fees or charges related to a storage space in cash or via direct bank transfer or another means of payment without notifying Stowfly or its representatives. Similarly, under no circumstances may the Package Storage Seeker offer or attempt to pay for the booking or use of storage space other than the online booking system on the Website. Any breach of this clause may result in deletion of the accounts of all Users knowingly involved in such breach along with becoming ineligible, at the Company's discretion, for any or all of Stowfly's services including but not limited to the Stowfly Guarantee and you agree, where you are found by the Company to be so knowingly involved, to be jointly and severally liable to pay to the Company, the Company Share that would have been due had the booking been conducted in accordance with these Terms and Conditions. In such event, all Users hereby agree that the Company shall be entitled to deduct any such amount out of the total provider share amount to be paid to the Storage Provider.
6.7 Failure to Collect Stored Goods: If a Storage Seeker fails to collect their Stored Goods after seven days or five business days the seeker will be charge an additional “one time fee rate” Stowfly will assume the Storage Seeker wishes to extend their reservation and will attempt to charge the original form of payment. Stowfly will continue to do so every seven days following the package received date and provide an updated Booking confirmation to the Storage Seeker so long as Stowfly is able to charge the form of payment provided and the Storage Provider agrees to extend the reservation.
6.7.1 Removal of Stored Goods: After 30 calendar days in cases where Storage Seeker does not contact Stowfly or the Storage Provider about their intention to extend the reservation, Stowfly reserve the right to remove the Stored Goods from the Storage Provider's location and store the Stored Goods at a location convenient to Stowfly. Further, Stowfly reserves the right to charge the Storage Seeker a removal fee for up to $100.
6.7.2 Sale or Disposal of Stored Goods:Stowfly, at its sole discretion, may sale or dispose of the Stored Goods if any of the following happen:
the Storage Seeker fails to collect their Stored Goods within 30 calendar days of the received package date as listed in the Booking Confirmation and the Storage Seeker fails to notify Stowfly about an extension to the reservation; or
Stowfly is unable to process payment to extend a reservation, and a new payment method is not provided by Storage Seeker within 72 hours.
Further, Stowfly reserves the right to charge the Storage Seeker a disposal fee of $100 in addition to any removal fee already assessed.
8.1 The Company guarantees to pay an amount up to $1,000 in compensation for loss of damage to your property, subject to the limitations, exclusions and conditions contained in this clause 8. You should carefully read all of this clause before participating in a booking to ensure that you do not do anything which will invalidate the Guarantee.
8.2 You acknowledge and agree that in all cases, the Company will decide in its sole discretion whether any claim made pursuant to this clause meets the conditions imposed by this clause, and what exclusions and limitations apply, and the Company's decision on such matters will be final and binding. You further acknowledge and agree that:
8.2.1 We reserve the right to withdraw the guarantee at any time before a claim is made, and following withdrawal no new claims will be considered;
8.2.2 The Guarantee is intended to promote use of our services by encouraging users to formalise their booking arrangements. The Guarantee is a guarantee of responsibility between users and is not an offer to insure your property and does not constitute a contract of insurance.
8.3 In order to be eligible for consideration for a Guarantee payment, you must be compliant with the following conditions at all material times. If, in the Company's reasonable opinion, you are not fully compliant with each requirement in this clause, or if you cease to be so compliant at any time during the process of invoking the Guarantee (for example by receiving an insurance payment), the Guarantee will be invalid and no payment will be made to you. If you do not wish or are unable to comply with any of these conditions, you should inform us and the Guarantee will not apply to you:
8.3.1 You must (a) have suffered loss or damage to property during the period of validity of a booking; (b) be 18 or over and a registered user of the Website; (c) be a participant as a seeker or provider (referred to as 'party' or 'parties'™) of the booking giving rise to the claim; (d) make all bookings only using the online booking system on the Website; (e) not have committed a material breach of any of these Terms and Conditions, and (f) if you are the Provider, be a policyholder for a valid contents insurance policy covering the Storage Address and Storage Space against accidental damage and theft.
8.3.2 You must be either (a) in the case of Storage Provider, the owner or mortgagee or contracting tenant of the storage space address, or (b) in the case of StorageSeeker, the owner of all the goods in respect of which the Guarantee is to be invoked
8.3.3 You must have used your best efforts to resolve the situation and recover your losses by (a) initially, with the other party by mutual agreement as to liability and appropriate compensation with reference to the booking; (b) where theft or criminal damage or illegal activity of any nature is suspected or alleged, by contacting the police and, following the outcome of any criminal investigation, making any claim for compensation to any insurer or other body (including without limitation government=bodies or schemes) which is or becomes available following such investigation; and (c) by making a claim or claims to any and all existing insurers (including without limitation household insurers) and pursuing them to their official conclusion.
8.3.4 You must not have received any payment of any amount whatsoever from any insurer or the other party or any other third party in respect of the loss for which you are claiming.
8.3.5 You must not make any claims under this clause for (a) a second time after the original claim was rejected by the Company; or (b) after 1 week from the date when the loss or damage occurred.
8.3.6 You must be prepared to (a) disclose relevant communications from your insurance company to us (to the extent that you are permitted to do so under any confidentiality obligations) including without limitation correspondence regarding any claims you make against any insurance policy in respect of the loss or damage;claimed for; and (b) at the Company's discretion, to submit a Data Access Request at your own cost to fraud prevention agencies or insurance information exchanges and to disclose all information received to us except where we agree that any part of such information is not relevant.
8.3.7 The Company must not have any reason to suspect you of dishonesty. For the avoidance of doubt, the Guarantee will not apply and your User status suspended where the Company discovers or reasonably suspects based on information received from any relevant, reputable source (including without limitation the police or any government or regulatory body) (a) that you are intending or attempting to abuse the Guarantee; (b) that you have been involved in any fraudulent or illegitimate activity related to false insurance claims or similar dishonesty; or (c) that any loss or damage which would otherwise be covered by the Guarantee was the result of any illegal or dishonest act or omission by you.
8.3.8 You must cooperate fully with all investigations and requests made by the Company in carrying out its investigations and obligations under this clause.
8.4 Financial limits of the Guarantee.Subject to the limitations, exclusions and conditions contained in this clause 8, the Company will pay up to a maximum of $1,000 per claim to repair or replace (at our discretion) your property damaged or destroyed as a result of a Qualifying Loss. Replacement items will be valued at their actual cash value, that is their current market value minus wear and tear. The sentimental value of items shall not be relevant to their valuation.
8.5 Process of invoking the Guarantee. Failure to comply with the deadlines in this clause will invalidate the Guarantee. You must notify the Company using the email address listed below or on the contact us page within seven days of discovering the loss or damage for which you wish to invoke the guarantee. You must cooperate in supplying all evidence of your identity, address, and loss or damage suffered as we reasonably require. Where criminal damage, theft or other criminal or illegal activity is suspected, you must have notified the police within 48 hours of discovery and before you notify us, and when you notify the Company you must provide a crime reference number or its equivalent in your jurisdiction. We will contact you within three working days to advise whether your claim is eligible for consideration, giving you one of three responses:
8.5.1 'Claim Invalid', meaning that your claim is not covered by the Guarantee for the reason(s) stated;
8.5.2 'Claim Pending', meaning that your claim is on hold until the steps outlined in the response are taken and pursued to a conclusion. This will normally mean thatÂ Â the outcome of a claim against insurance or a criminal investigation is awaited. It is your responsibility to maintain contact with the police and/or insurance companyÂ and/or any other agent or applicable entity to follow the process of the investigation, criminal proceedings or claim; or
8.5.3 'Claim Eligible', meaning that we are prepared to consider your claim and you have 10 days from receipt of our response to follow the steps in clause 8.6.
8.6 If our response to the process described in clause 8.5 is that you have an Eligible Claim, you must submit a full claim within 10 days of that response. A full claim must include:
8.6.1 A statement signed by you confirming that the information in the claim is true to the best of your knowledge and belief;
8.6.2 A complete description of the loss or damage suffered, including dates (which may be estimated where exact dates are impossible to confirm), nature and cause thereof, and including proof of ownership, date of acquisition, physical condition and supporting evidence such as receipts, inventories, quotes for repair work etc plus the claimed value of any high-value items lost or damaged;
8.6.3 Where you are the Storage Provider, evidence of your ownership or tenant status with regard to the premises;
8.6.4 A statement giving full details and dates of what, if any, action you have taken to resolve the matter, including without limitation negotiations with the other party to the booking, claims against insurance policies and police reports, and all communications with the foregoing, including responses received;
8.6.5 A declaration as to whether any insurance policy or security deposit or other potential avenue of recovery applies. If an existing insurance policy or other mechanism exists but does not apply, the reasons must be given. If they do apply, evidence must be supplied that the process of claiming has been initiated and the claim to the Company may then be put on hold until such process is concluded.
8.7 Upon receipt of a full claim, the Company will evaluate it before making a decision as to whether to make a payment under the Guarantee. Except in exceptional circumstances or those beyond its control, the Company will make a decision within 90 days of receipt of the full claim. As part of its evaluation of the full claim, the Company may do any of the following, in its sole discretion:
8.7.1 Require you to submit a Data Access Request at your own cost to fraud prevention agencies or insurance information exchanges and to disclose the results to us;
8.7.2 Require the parties to the booking to participate fully in independent mediation, and you hereby agree to do this in the event that a full claim is made under any booking with respect to which you are a party to the booking.
8.7.3 Obtain a valuation of any item or items claimed for from an independent expert;
8.7.4 Obtain a loss assessment from an independent expert where we believe it to be necessary. Such experts may include without limitation lawyers, surveyors and pest controllers.
8.7.5 Require you to obtain up to three quotes for repair work;
8.7.6 Make requests for further information from the other party, insurance companies, the police or other authority (including local authorities), or other relevant parties(such as neighbours or witnesses to any incident out of which the claim arises). As a party to a booking, you hereby agree to use your best efforts to facilitate such investigations, including giving your permission for information to be released to us where we reasonably require this, and including where the person making the fullÂ claim is the other party with respect to which you have made the booking;
8.7.7 Conduct interview(s), either ourselves or via a representative, with either party or with any relevant third party, and you hereby agree to use your best efforts tofacilitate such activity;
8.7.8 Inspect (either ourselves or using an expert to carry out the inspection on our behalf) any damaged items or any remaining Stored Items or the Storage Space orStorage Premises upon reasonable notice; and/or
8.7.9 Pay a sum under the Guarantee, or refuse to do so, giving reasons for the decision.
8.8 Exclusions. The Guarantee does not cover or apply to:
8.8.1 Any booking with respect to which the Company has not received a list of items signed by party requesting such a claim in which all items are individually listed along with their estimated value;
8.8.2 Any loss or damage not reported in accordance with clause 8.5;
8.8.3 Any loss or damage in excess of any limit set out in clause 8.4 arising out of one or more bookings entered into by the claimant;
8.8.4 Items damaged in transition. The phrase 'damaged in transition' includes without limitation damage occurring while (a) transporting items to and from the storage space, (b) storing, packing and organising a storage space at any time during the period for which the booking is valid;
8.8.5 Damage to stored items, or to the premises by stored items, which were not packed reasonably safely and securely, or which were stored in a way that made itreasonably foreseeable that damage to the items or the premises could occur. By way of example, but not limited to, none of the following would be covered: fragile glass items in cardboard boxes with weighty boxes placed on top of them, unprotected photos stored in a damp environment, or items made of cloth packed in an unsealed bag, or liquids stored without being properly sealed, heavy items placed in areas unable to bear their weight, or items that rust due to a damp environment;
8.8.6 Damage caused by reasonably foreseeable and preventable occurrences (including without limitation fire or burst water pipes) where either party failed to take reasonable measures to prevent or limit such damage. By way of example, but not limited to, failing to repair faults in the structure or fittings at the premises or failing to fit smoke alarms at the premises;
8.8.7 Damage to stored items or to the premises by a third party (including without limitation outside contractors engaged by either party, other Storage Seekers who are party to another booking with the Storage Provider, or other adults or children residing at or visiting the storage address);
8.8.8 Single items valued at less than (although such items may constitute part of a collective claim for lower-value items);
8.8.9 Currency, money, precious metal in bullion form, notes or securities; jewellery; works of art or antiques valued at or above documents which would be costly or difficult to replace, including without limitation passports or original versions of business contracts, deeds, and certifications or qualification;
8.8.10 Theft of or damage to any item in respect of which the Storage Seeker cannot provide at least one of the following to the Company's reasonable satisfaction: (a)proof of purchase of that item; (b) a photograph/email/video actually sent or received of the item and dated on or before the date of the booking; or (c) any other evidence which demonstrates proof of ownership and/or value;
8.8.11 Theft or malicious or criminal damage to items (a) which is not reported to the police within 48 hours of an innocent party becoming aware of it, and in any eventwithin 7 days of the end of the booking period, or (b) where efforts to recover the value thereof (whether via criminal compensation schemes or from existing insurance policies) have been unsuccessful;
8.8.12 Any loss or damage (a) to or caused by Prohibited Item(s) knowingly stored, or (b) to any items or property claimed in respect of any booking where Prohibited Item(s) were knowingly stored. For the avoidance of doubt, the presence of Prohibited Item(s) will automatically preclude any claim by the Storage Seeker against the Guarantee, and may preclude any such claim by the Storage Provider where the Company reasonably suspects that the Storage Provider was aware of such presence,regardless of whether the claimed loss or damage was caused by or related to the presence of such Prohibited Item(s);
8.8.13 Damage caused by stored items to goods or personal possessions owned by the Storage Provider. The Guarantee only covers damage to the fixtures, fittings or structure of the premises;
8.8.14 Damage caused by or attributable to ordinary wear and tear;
8.8.15 Any injury to or illness or death of any person arising out of the booking, or any claim based on the occupier's liability of the Storage Provider. Such events must be claimed for and/or litigated out with the Guarantee scheme;
8.8.16 Any loss or damage caused directly or indirectly by an event of Force Majeure. These include without limitation earthquake, storm, adverse weather conditions or natural physical disasters, power failures, epidemics, labour disputes, riot or civil disorder, war, acts of terrorism, or acts of God;
8.8.17 Any loss or damage suffered as a result of the theft or misuse of personal data or identity;
8.8.18 Non-payment of any part of the Price or any other monies owed by the Storage Seeker to the Company.
8.8.19 Indirect losses of any kind, including without limitation loss of profit, goodwill, or business.
8.9 Modifications and Cancellation of the Guarantee. The Company reserves the right to modify or cancel the Guarantee at any time and at its discretion.
8.9.1 In the event of cancellation, no new claims will be permitted, but any claims under the Guarantee which are already in process (that is, the email request been sent us) will be considered in accordance with the version of this clause 8 in effect at the time of submission of the email request.
8.9.2 Where the Company modifies the Guarantee, we will display a notification on the Site and your continued use of the Website or services will indicate your acceptance of the modification.
13.1 The Company has the right to limit your activity on the Website, immediately issue a warning, suspend or terminate your User registration or any of the User's listed storage spaces and refuse to provide any of the Services to the User without notice to the User for any of the following reasons:
13.1.1 the User breaches these Terms and Conditions;
13.1.2 if the Company are unable to verify or authenticate the User Information provided to us to our satisfaction;
13.1.3 if the Company believe that the User's actions may cause the Website legal liability or financial loss; or
13.1.4 if the Company in its sole discretion believes it is in the best interest of the Website and other Users.
14.1 Where contracting as a Storage Seeker, you agree to remove all Stored Goods from the Storage Space at the Storage Provider's property within the end date of the booking period, that is, the final date for which the Fee has been paid, or termination of the booking, as applicable.
14.2 You further agree that in the event that you fail to collect Stored Goods, the Storage Provider shall act in accordance of clause 7.7.
16.1 The Website and all intellectual property belonging to or associated with the Company, including any trademark or trade name, logos and software, and all content on the Website (including, but without limitation, text, graphics, videos, music, sound, links, and software) is and remains at all times the property of the Company and/or is used under licence from its suppliers and is protected under international treaty provisions and worldwide copyright laws and you agree that you will not infringe any such rights in any way.
16.2 Except as expressly permitted by these Terms and Conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any content in any way or on any medium (including other websites) without our prior written consent. Nor do we grant any express or implied right to you under any of our trademarks, copyrights or other proprietary rights.
16.3 The Company's logo and any other image on the Website which bears the Company’s name are properties of the Company. They may not be used without our prior written consent.
16.4 All information and content uploaded or otherwise sent, by any means, by you to the Website or the Company or to other Users must not infringe any third party's intellectual property or any other legal rights. You agree and warrant that you own or have permission from the owners to use any information or content you upload or send in the manner and for the purposes that you upload or send it.
16.5 When you upload or send information or other content to or via the Website, you grant the Company a worldwide, royalty-free, sub-licensable, non-exclusive licence to reproduce, edit, transmit and publish the information or content for the purposes of these Terms and Conditions.
The Terms and Conditions and the documents referred to in it are made for the benefit of the parties and their successors and permitted assigns and are not intended to benefit, or be enforceable by, anyone else.
18.1 Termination: While you are taking part in a booking, your User account is required to stay active. Once all your active bookings have come to an end and none are going to be renewed, you will then be able to disable your User account.
18.2 Entire Agreement: These Terms and Conditions constitute the entire agreement and understanding between the parties and supersede any previous agreement or understanding between the parties with respect to all matters referred to in them.
18.3 No Agency: Nothing in these Terms and Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way.
18.4 No waiver: Any failure by either party to enforce any provision of these Terms and Conditions at any time shall not be construed as a waiver of such provision and shall not affect its right to enforce such provision.
18.5 No Assignment, Transfer or Subcontract: These Terms and Conditions is personal to the parties and neither party shall assign, transfer, subcontract or deal in any other manner with any of its rights and obligations under this contract without the prior written consent of the other party.
18.6 Governing Law and Jurisdiction: These Terms and Conditions (together with all documents referred to in them) are governed by and construed in accordance with US law. The parties irrevocably agree that the US courts have jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms and Conditions any documents referred to in them.
18.7 Language: Our website and app used machine translation for all languages other than English. Because of this method of translation, these platforms may be subject to some errors in these other languages.
19.1 We may also store information about you using cookies (files which are sent by us to your computer or other access device) which we can access when you visit our site in future. We do this to track the pages you visit. The only personal details a cookie can contain are information you supply yourself.
Further Queries: If you have any questions or queries regarding any of the services or products featured please visit the ‘Contact Us’ page or write to us at firstname.lastname@example.org
These terms and conditions were last updated on 1/27/2020