TERMS OF SERVICE

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that requires publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of our Website/App www.stowd.in (“Website/App”). For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who visits our platform, either just for the purpose of browsing the Website/App/App or engages to buy our products. The term "We", "Us", "Our" shall mean M/S Stowd Partners (“Stowd”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using Our Website/App.

By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website/App or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to Our Website/App. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website/App following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 - GENERAL CONDITIONS

1.1 By agreeing to these Terms of Service, you represent that you are at least 18 (Eighteen) years of age and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

1.2 We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website/App through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 2 - MODIFICATIONS TO THE SERVICE AND PRICES

2.1 Prices for our services/ products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 3 - PRODUCTS OR SERVICES

The scope of the Service is the following:

(a) pack Goods at collection (optional), for an additional charge;

(b) collect (and load) Goods from you and delivery to our storage facility;

(c) store the Goods at our secure storage facility;

(d) retrieve the Goods to you; and

(f) warehousing, transportation and disposal services, as specifically agreed from time to

time.

3.1 Certain products or services may be available exclusively online through the Website/App. These products or services may have limited quantities and are subject to return or exchange only according to Our Return Policy. We reserve the right, but are not obligated, to limit the sales of Our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of services or products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by You will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 4 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

4.1 We reserve the right to refuse any order You place with Us. We may, at Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at Our Website

SECTION 5 - STORAGE SERVICES

You can make an order for Services through our Website or by phone.

Once we receive your Enquiry, dependent on the complexity of your Enquiry and our available resources at the time of your Enquiry, we will either:

  1. Send you an Order Confirmation; or

  2. Prior to sending you an Order Confirmation (if we require further time to assess your Enquiry), confirm our receipt of your Enquiry by sending you an email confirming the information you included in your Enquiry ("Enquiry Confirmation"). This Agreement will NOT be binding when we issue you with the Enquiry Confirmation; and

  3. Once we have assessed your Enquiry and allocated the resources to fulfill it, we will send you an email ("Order Confirmation") to confirm:

    1. that your order has been accepted; and

    2. the specific time and date for performance of the Services (at which point your Enquiry will become an "Order")

This agreement together with the Order will become legally binding on you and us when we send you the Order Confirmation and each Order shall incorporate the Terms and shall be a new and separate contract between you and us.

Drop and Pick up:

In the Order form, you shall specify the date on which your items need to be picked up by us at your address i.e. the Pick-Up Date along with the time slot. Upon confirmation by Stowd, our personnel will come at the designated place during the Time Slot selected by you.

Our Personnel will wait only for up to 30 minutes from the time of reporting for Pick Up during the Selected Time Slot and in the event our Personnel is required to wait for longer period over and above the said 30 minutes, additional charges towards waiting charges shall become applicable.

The storage billing shall commence from the Pick Up / Collection Date itself.

  1. If no one is available at your address when we come to collect the Storage Items, the same shall amount to NO SHOW, which will attract separate charges.

  2. If, except through our own fault, we have to return to your specified address to complete the collection, a further collection charge may apply. We reserve the right to refuse to re-collect more than once and cancel your Oder with no refund if an initial re-collection fails through no fault of our own.

  3. We will store your Items until such time as you submit a Return Request through our Website.

  4. The Service shall be provided on month on month and accordingly the fees will be applicable on monthly basis.

  5. Subject to sections 4.1(a) and 4.2 below, following receipt of a Return Request, we shall return the Items at the time and to the address specified in such Return Request. If, a return fails on account of no one being available at your premises at the time of delivery, the same shall be considered as ‘No Show’ and accordingly No-Show fee will be applicable. Further, you shall continue to be charged for the Storage Services at the applicable monthly rate.;

  6. Time schedule given for delivery, collection or return are estimates only and we shall not be liable for any delay in delivery, collection or return;

  7. Upon collection or return of the Items, the recipient, or the recipient’s agent or representative, shall sign a Pickup ticket/delivery ticket/Invoice (" Pickup ticket/delivery ticket/Invoice") as confirmation that the Items have been collected or returned (as applicable). Any Confirmation Slip obtained by us in respect of return of the Items shall be conclusive as to time and place of return of the Items.

 

You shall be responsible for:

  1. Ensuring that we and/or our contractors have such access (including free parking facilities) as may be reasonably required to carry out the Storage pick-up & delivery Services;

  2. Ensuring that either you or your authorized representative (as specified in the Order) are present during the delivery, collection and return of the Items;

  3. Providing us with your up-to-date contact details;

  4. If there is any dismantling work required, we request that the client gets it done prior to our collection. If our team do help in dismantling any of the items of furniture, we are not liable for any damages in the process.

 

SECTION 6 - STORAGE ITEMS & TITLE WARRANTY:

You warrant that you are either the owner or legal custodian of the Stored Items and have full authority to store said Stored Items in accordance with the terms of this Agreement. You shall ensure that the Stored Item confirm to all applicable laws. You also represent and warrant that the Stored Item do not and/or will not infringe any third party’s rights including Intellectual Property Rights. You shall ensure that you have the permission and authority of the person who owns the Items to use the Storage Services in relation to the Items.

You shall ensure that all taxes and duties have been paid on the Items and you shall reimburse us against all duties and taxes that we may be required to pay in respect of the Items.

You shall be responsible for any breach of Customs regulations relating to the Items and you shall be responsible to us for any losses we suffer relating to any actions, proceedings, costs, claims and demands arising out of any breach, non-observance or non-performance of this section.

We reserve the right to refuse to collect, store or deliver any Items in our sole and absolute discretion if we believe that:

  1. the Items do not conform with the requirements of this Agreement; or

  2. the safety or security of any person or property would be put at risk by doing so.

We or any of our contractors may open any Storage Boxes and their contents at any time if:

  1. we reasonably believe that they contain any of the items not confirming to our Storage Rules;

  2. where we are required to do so by any law, court order or competent authority, including the police or fire services;

  3. it is necessary to do so to prevent damage or injury to persons or property;

 

Where Items are in breach of our Storage Rules:

  1. We shall be entitled to open, return, pass to any law enforcement authority or government agency (including the police and fire service), or by court order, destroy or otherwise dispose of the Items as we (in our absolute discretion) see fit and we shall have no liability to you in respect of such Items; and

  2. You shall be responsible for all resulting costs, expenses and losses incurred by us and shall pay such amounts to us on demand.

Our acceptance of Large Items is at our absolute discretion at the time of collection, is subject to the storage rules and may be subject to additional charges. If we elect not to accept a Large Item, your Order will still be valid to the extent that it contains other Large Items that are accepted by the delivery personnel and/or packed Storage Boxes that are compliant with this Agreement.

SECTION 7 - RESTRICTIONS ON YOUR USE OF THE SERVICES:

You must not:

  1. use the Services or our site except as expressly permitted by this Agreement;

  2. use the Services in any unlawful or fraudulent way or for any unlawful or fraudulent purpose;

  3. disrupt, damage or interfere with the Services, the Storage Boxes or our site in any way; or

  4. offer in any manner, sub-license or re-sell the Services, use of or access to the Services, to a third party, for any reason whatsoever without our prior written consent.

 

SECTION 8 - RISK AND INSURANCE:

Risk in the Items shall remain with you at all times.

For Insurance claims, you need to furnish original invoices and all such documents as may be required by Insurance Company from time to time. The claim settlement would be as per insurance company’s claim survey and final amount received from the insurer.

For paintings, antiques etc, separate valuation duly certified by government registered valuer will be made available to us. The cost of valuation has to be borne by the customer.

With regards to storage of motor vehicles, customer has to give the original owned motor insurance policy as well as photocopy of RC book. It is your responsibility for renewal of insurance on timely basis.

For our detailed terms related to Insurance please refer to our Insurance Section.

SECTION 9 – PROHIBITED ITEMS:

The following items must not be submitted for collection or storage and will not be moved or

stored by us, unless agreed in advance in writing:

(a) hazardous, combustible, flammable, damaging or explosive goods, including liquids, chemicals, gas bottles, aerosols, paints, firearms and ammunition or any other

material of a dangerous or toxic nature;

(b) jewellery, ivory, watches, stamps, precious stones or precious metals;

(c) antiques, furs, fine arts or collections of a similar kind, mobile phones, perfumery, tobacco, cigars, cigarettes, beers, wines, spirits and the like;

(d) money, deeds, bullions, bonds, securities, coins, cash or negotiable instruments and the like (including cheques and any vouchers with a face value);

(e) pollutants that are likely to cause contamination, infestation or encourage vermin or other pests or emit fumes, smell or odour;

(f) perishable items or those requiring a controlled environment including frozen or perishable food;

(g) living or dead animals, birds, fish, reptiles, plants or any other living organism of any type; or

(h) illegal or stolen goods, drugs, pornographic material or any goods prohibited by the law or regulation of any government or public or local authority or goods that require

special licence or government consent for export or import.

SECTION 10 - PAYMENT AND CHARGES FOR SERVICES:

Our standard charges for our Services will be displayed on our Website and are available by E-Mail. We periodically review our charges. We reserve the right to increase our charges at any time on giving 30 days’ notice in writing on the Website and allow you to terminate this Agreement in accordance with the terms of this agreement.

The charges are payable monthly in advance, unless otherwise agreed in writing. Each monthly period (irrespective of the number of days in the month) starts at midnight on the same day every month. Charges for the final month in which you request return delivery of the Goods are always payable in full (and not on a pro rata basis).

 

In respect of all sums that are overdue to us, we will charge interest on a daily basis calculated at 3% per month. This does not prejudice our right to withhold or sell your Goods under Section 11 or to any other remedy available to us.

 

We reserve the right to, unless otherwise agreed in writing, charge an Additional Fee/ No Show Fee of Rs. 999/- (plus taxes) for each failed collection, delivery or retrieval in case of:

(a) Goods containing Prohibited Goods;

(b) you or someone authorised by you not being available at the specified premises at

the specified time;

(c) insufficient access;

(d) cancellations not as per our cancellation policy; or

(e) any other reason due to your failure to fulfil your responsibilities under this

Agreement.

 

When you decide that you want any of your Goods back, you will be charged for the delivery of your item.

 

We reserve, at our discretion, the right to upgrade the size of the storage unit that you have ordered if it is deemed necessary in order to fit your Goods in an appropriate storage unit. If we update the size of the storage unit you will have to pay the applicable price for the upgraded storage unit as specified on our Website from time to time.

 

All charges are exclusive of taxes.

 

You shall pay all amounts due under the Order in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.

 

SECTION 11 - FAILURE TO PAY THE CHARGES FOR THE SERVICES:

In the event of delay in payment of fees, delay payment interest @2% per month shall be applicable from the date it fell due till the same is realized.

Additionally, in respect of Services, in the event that you do not promptly pay all sums (including interest) owing from you to us when payable ("Debt"), we are relieved of any duty howsoever arising in respect of the Items, which continue to be held solely at your risk, and we shall immediately exercise a lien over the Items for the Debt until payment of the Debt in full has been received by us ("Lien").

In default of the prompt payment of the Debt, you authorize us:

  1. to access and inspect your items; and

  2. to hold onto and/or ultimately dispose of some or all of the Items in accordance with this section.

In the event that the Debt in respect of the Storage Services is not paid within 30 days after its due date for payment, the following shall apply:

  1. we may sell the Items and transfer all ownership to the Items to any third party, provided we shall give you notice of 15 days in writing of the amount of the Debt at the date of the notice and that if the Debt is not settled by paying outstanding sums together with interest within 15 days of such notice, we will sell the Items;

  2. we may use the proceeds of sale to pay first the costs incurred by us in selling the Items, secondly in paying the Debt and interest, and to hold any balance for you (with no interest accruing to you on the balance), such balance (if any) to be returned to you within 30 days of the sale of the Items. If, having made reasonable efforts to contact you, we have not been able to return the balance to you, we will hold such balance for a maximum of six months without accruing any interest, after which we shall retain such balance and you shall not be entitled to claim it;

  3. if the proceeds of sale are insufficient to discharge all or any part of the costs of sale incurred by us and the Debt, you must pay any balance outstanding to us within seven days of a written demand from us. Interest will continue to accrue on the Debt until payment has been made;

  4. we may sell the Items by any method(s) reasonably available to achieve a selling price reasonably obtainable in the open market, taking into account the costs of sale;

  5. if the Items cannot reasonably and economically be sold (for any reason whatsoever) or they remain unsold despite our efforts, you hereby authorize us to treat them as abandoned by you and to destroy or otherwise dispose of them at your cost; and

 

You will pay our costs incurred in administering the Debt collection and sale process described in this section. These costs will include (without limitation) auction costs, removal costs, cleaning costs and charges for our own time.

 

SECTION 12 - RIGHT OF ASSIGNMENT AND SUB-CONTRACT

We reserve the right to assign or sub-contract some or all of the work in the performance of

our duties and obligations to carry out the Service without removing any liabilities under this

Agreement.

You shall not have the right to assign, sub-contract or sub-license in any way under this

Agreement without our prior written consent.

 

SECTION 13 - LIMITATION OF LIABILITY:

Our total liability, per order, resulting from any part of the Service (including but not limited to the loss and/or damage of Goods during collection, transit, storage or return delivery), in

breach or otherwise of this Agreement or as a result of any negligence on our part, shall not in any event exceed the lower of:

(a) Rs. 10,000 per order; or

(b) The cost price of the relevant Goods.

 

However, nothing in this Agreement shall exclude or limit our liability for fraud, for death or

personal injury caused by our negligence, or for any other liability that cannot be excluded or

limited under applicable law.

 

On receipt of the Goods, you must promptly examine the Goods and notify us in writing of any loss or damage to the Goods in accordance with this clause. We will not be liable for any

loss of or damage to the Goods unless a claim is notified to us, or our agent, or the company

carrying out the collection or delivery of the Goods on our behalf, in writing as soon as such

loss or damage is discovered (or with reasonable diligence ought to have been discovered)

and in any event within two (2) days of delivery of the Goods by us.

You acknowledge that we are not aware of the value of the Items, and we recommend that you arrange insurance to cover the Items beyond what Stowd offers.

We shall not be liable to you for any loss, mis-delivery of and/or damage to any Items as a result of:

  1. any seizure or forfeiture under legal process;

  2. any act, omission, misstatement or misrepresentation by you or your servants or agents;

  3. any inherent vulnerability to wastage in bulk or weight, defect or inherent defect, natural deterioration or fragility of the Items (even if marked "Fragile");

  4. insufficient addressing; or

  5. you not taking or accepting delivery within a reasonable time after the Order has been tendered.

We do not warrant that our storage facility is suitable for the storage of any specific type of

Goods. We exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill), to the maximum extent permitted by applicable law.

 

We shall not be liable for any loss of profit, contracts, business, goodwill, data, income,

revenue, anticipated savings, indirect or consequential loss of any description arising either

following loss or damage to the goods or under this Agreement or in connection with the

Website, whether direct or indirect, and whether arising in tort, contract or otherwise.

 

Whilst we endeavor to ensure that the information on the Website is correct, we do not

warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.

This clause shall survive termination of this Agreement.

 

SECTION 14 – FORCE MAJEURE

We shall not be in breach of this Agreement, nor liable for any failure or delay in performance of any obligations under this Agreement arising from or attributable to acts, events, omissions or accidents beyond its reasonable control, including but not limited to any of the following:

(a) acts of God, including but not limited to fire, flood, earthquake, a health pandemic, windstorm or other natural disaster;

(b) war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;

(c) terrorist attack, civil war, civil commotion or riots;

(d) nuclear, chemical or biological contamination or sonic boom;

(e) compliance with any law;

(f) fire, explosion or accidental damage;

(g) loss at sea;

(h) extreme adverse weather conditions;

(i) collapse of building structures, failure of plant machinery, machinery, computers, vehicles or the internet;

(j) any labour dispute, including but not limited to strikes, industrial action or lockouts

(not by employees of the party claiming relief);

(k) interruption or failure of utility service, including but not limited to electric power, gas or water.

 

SECTION 15 - INDEMNITY:

You shall indemnify us and keep us indemnified for any and all losses resulting from all claims, demands, liabilities, damages, costs and expenses incurred by us or by any of our contractors, carriers, agents, employees or affiliates which arise out of your breach of this Agreement or applicable law. You also agree to keep us saved, harmless and indemnified against any loss, damages or third-party claims that we may suffer on account of breach of any liability / loss / damages caused to us due to Stored Items causing any breach of law / rules / regulations or causing dispute as to ownership of Stored Items.

 

SECTION 16 – PRIVACY POLICY

We only use your personal information in accordance with our Privacy Policy.

 

SECTION 17 - RIGHT TO CANCEL AND COMPLAINTS:

You have the legal right to cancel part or all of your Order 48 hours before the schedule date, and request a refund if you have already made a payment to us, within 14 working days of the date of the Order.

 

Please note that:

  1. Cancellation by you of an entire Order will terminate this Agreement, and

  2. Cancellation by you of part of an Order will not terminate this Agreement, which shall continue in full force and effect in respect of the part of the Order that has not been cancelled.

If you are entitled to a refund, we shall pay the refund to you within 14 days after the day on which we are informed about your decision to cancel your Order subject to adjustment of your payment against any amount due by you to us. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

 

With regard to the Services, you will not receive a refund in respect of any proportion of the Services that have been performed prior to you informing us of your intention to cancel.

 

SECTION 18 - TERMINATION:

These Terms will be binding on you from the earlier of the date on which you:

  1. Accept the Terms;

  2. Start using a Service / access the Website; and

  3. For as long as you use the Service.

You may terminate this Agreement by either:

  1. submitting a Return Request (as applicable) in respect of all Stored Items stored with us;

  2. closing your Customer Account or

  3. exercising your cancellation right in respect of your entire Order in accordance with Section 17.

We may terminate this Agreement and/or your Customer Account with immediate effect by notice in writing to you if:

  1. you fail to pay any amount due under this Agreement, including any interest accrued, by the date due; or

  2. you are in breach of any term of this Agreement.

We may terminate this Agreement and/or your Customer Account for any reason by giving you not less than 7 days written notice.

 

SECTION 19 - CONSEQUENCES OF TERMINATION:

 Upon termination of this Agreement for any reason:

  1. You must contact us promptly to arrange for return of the Items or collection of your items (as applicable). Following termination of this Agreement, if you fail to arrange the return delivery of your Goods within 30 days of termination, we reserve the right to dispose of the Goods in accordance with the conditions laid out in Section 11.

  2. You shall immediately pay to us all of our outstanding unpaid invoices and interest;

  3. The accrued rights, remedies, obligations and liabilities of each party as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and

  4. clauses which expressly or by implication have effect after termination shall continue in full force and effect.

 

SECTION 20 – OTHER TERMS

CONFIDENTIALITY: Each party shall keep in strict confidence all information which is of a confidential nature and which has been disclosed by one party to the other party. This provision shall survive termination of this Agreement. Stowd shall be entitled to disclose all or any Confidential Information to any Government or Regulatory authority without prior intimation to you.

 

NOTICES:

Notices to you

  • Any notice given by us to you under this Agreement must be in writing and may be served by registered e-mail, by personal delivery to the person notified or its registered address, or by prepaid post.

  • Your address for service of notices shall be your e-mail and/or postal address as provided to us.

Notices to us

  • Any notice given by you to us must be in writing and maybe served by personal delivery, by pre-paid post or by e-mail at itsafe@stowd.in.

  • Our address for service of notices shall be our address set out in these Terms.

 

A notice will be served at the time of personal delivery or 48 hours after it has been placed in the post, or at the time the e-mail was sent by the sender, provided that the sender of the email does not receive an e-mail message stating that the email message has not been received by the intended recipient.

 

You will inform us in writing of any changes to your billing details, contact details, alternative contact details, authorised persons, insurance details or access details stated to us.

 

INTELLECTUAL PROPERTY: All intellectual property rights in or arising out of or in connection with the Services shall be owned by us.

 

THIRD PARTIES: A person or company who is not a party to this Agreement shall not have any rights under or in connection with it.

 

BASIS OF THIS AGREEMENT:

(a) This Agreement constitutes the entire agreement between the Parties.

(b) You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf, whether negligently or not, which is not set out in this Agreement.

 

Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.

 

GOVERNING LAW: This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India.

 

JURISDICTION: Each party irrevocably agrees that the courts of India shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

This documents has been updated on 1st August, 2020.