Términos y Condiciones

5 Jul 2021

These Terms and Conditions (“Terms” “T&Cs” or “Agreement”) outline the terms and conditions under which Qeepl, Inc. (“Qeepl”, “we”, “us”, “our”) will offer an online platform for Customers to find and book available Storage from Partners via the website available at https://qeepl.com and on the Qeepl Luggage Storage mobile applications (jointly referred to as the “Site”). Qeepl and the Customer shall be collectively referred to as the “Parties” and each, a “Party” in this Agreement.

By signing up for this agreement, the Customer affirmatively agrees to be legally bound by the Terms.

1. DEFINITIONS

1.1 In these Terms and Conditions, the following words have the following meanings:

a) “Agreement” means these Terms and amendments made thereto from time to time.

b) “Customer” or “You” the individual or organisation to which Partner will supply the Services.

c) “Fees” the Storage fees payable by the Customer.

d) “Goods”, “item”, “Property” or “luggage” any personal belongings you Store with the Partner at any time during this Agreement.

e) “Services” means the Storage services provided by the Partner to the Customer.

f) “Store” means the Partner’s premises in which the goods are stored.

g) “Writing or written” includes e-mail and short message service (SMS) message correspondence.

1.2 Currency. Unless otherwise specified in these terms, all references to currency, monetary values and dollars set forth herein shall mean United States (U.S.) dollars and all payments hereunder shall be made in United States dollars.

1.3 Any annexures to these Terms shall form an integral part of and be construed in accordance with these Terms.

1.4 Reference to any Party hereto shall, where the context admits, be deemed to include, as appropriate, its permitted successors or assigns.

1.5 The headings in these Terms are included for convenience only and shall not affect the interpretation or construction of these Terms.

1.6 Words denoting the singular shall include the plural and vice versa.

2. SERVICES AND QEEPL’S ROLE

2.1 Services. Qeepl shall provide an online platform for Customer to find and book available Storage from Partners and for Partners to list available Storage for Customers through the Site. The duties and obligations of Partners are outlined in the Partner Terms and Conditions available at https://qeepl.com/en/terms. It is hereby agreed and understood that Qeepl shall act as a link between the Customer and the Partner and shall not be responsible for provision of the Luggage Storage Services to the Customer.

2.2 Control over storage. The Customer agrees that while Qeepl is committed to delivering the best suited Partners, Qeepl has no direct control over the Partner and the Partner is responsible for any damage to, or loss or theft of, items stored with that Partner unless the damage is caused by factors beyond the control of the Partner. Similarly, each Customer is responsible for any injury or damage to the Partner, its property or any third parties caused by the items stored or by any negligent act or omission of the Customer.

2.3 Customer Accounts. Customers may book Storage through the Site at any time. To book Storage, you must register to create an account by providing the required information (“User Account"). You hereby agree to provide valid, current, and complete information to create an Account. We may suspend your Account or terminate this Agreement if you fail to keep this information accurate, current, and complete. You are responsible for using your Account, safeguarding your password, and agree that you will not disclose your password to any third party. You must notify Qeepl of any unauthorized Account by emailing support@qeepl.com.

2.4 Bookings. To perform Booking, you will be asked to provide certain information, such as dates for dropping off and picking up items, number of items, any additional information regarding the Booking. All Customer’s details will be shared with the Partner for purposes of the Services. At the point of booking, the Customer must take clear photo(s) of luggage using Qeepl app or website function dedicated for this.

2.5 Customer support. You may contact us by sending correspondence to that address or by writing into our Support Chat. It is agreed that Qeepl has the exclusive mandate of handling all customer support-related issues related to the Services and any such issues should be raised with Qeepl and not with the Partner.

2.6 Non-circumvention. Customers must book Storage through the Site. Partners are not permitted to accept cash or card payment in-store, and Customers must not attempt to pay for Storage outside the Website or Apps. Doing so breaches these Terms & Conditions.

2.7 Qeepl stores photographs of the Customer’s property for three (3) months from the time the photo is taken. These photos can be provided to the Partner for the purpose of resolving a dispute with the Customer.

3 FEES AND PAYMENTS

3.1 Storage Fees. The fees payable by the Customer in respect of each transaction shall be displayed in the Site’s pricing section and shall be calculated based on the number of items as well as the period of intended storage. Customer will not be charged an extra fee for Qeepl’s services.

3.2 Billing. Each Customer will be prompted to provide billing information: name, contact details, payment information to a third-party payment provider. Once payment is confirmed, the Customer will receive a booking confirmation. Booking includes information such as the exact Partner’s location, booking number and other information. Qeepl will process all Customers payments through the Stripe. Please see Stripe for more details.

3.3 Basis of charging. All rates and fee quotations are estimates and will be based on the number of items as well as the period of intended storage. Weight and size of each luggage presented by the Customer provided that each luggage shall bear a maximum weight of 25 kilograms and/or maximum size of 39,4" x 15,8" x 23,6" (approximately 100cm x 40cm x 60cm). In the event one luggage exceeds the stipulated size or weight, the Customer must make another booking in respect of the part of the overweight/oversize part of any luggage failure to which Qeepl or Partner shall have the right to reject the booking.

3.4 Tax. Any Fee referred to in these Terms shall be inclusive of any tax which might be chargeable in connection with that Fee.

4 CANCELLATIONS AND REFUNDS

4.1 The Customer may cancel a booking at any time after the booking is made but before the drop off time (Cancellation Period) without giving any reason and free of charge or other liability, doing so by pressing the Cancelation Button in Booking or contacting us via support@qeepl.com or online chat. We will, at our sole discretion, perform a full refund.

4.2 If a Partner is unable to fulfil a Booking, we will notify the Customer and provide a full refund or, if the Customer requests, arrange Storage with an alternative Partner. If Storage was closed at date and time listed in Booking, contact us and we will perform a full refund.

4.3 In the event the Customer wishes to vary the dates of an existing booking, they must cancel the existing booking and make a fresh booking.

5 PROHIBITED AND VALUABLE ITEMS

5.1 Prohibited. The Customer shall not store or make a booking to store any of the following items:

a) Explosives, fuel, hazardous or flammable goods, fireworks;

b) Toxic, polluted or contaminated goods;

c) Weapons, ammunition or illegal drugs;

d) Stolen, illegal or unlawful goods;

e) Plants, animals, perishable goods, spoiled food;

f) Radioactive materials, items that emit odours;

g) Any items whose possession or transportation is illegal under any applicable laws, including the laws of the location(s) where such items are to be stored.

5.2 Valuable Items. The customer may store the following items at his own risk, at no liability to Qeepl and Partner.

a) Electronics (phone, laptop, tablets and so on)

b) Cash, jewelry, credit cards

c) Personal Documents (ID, passport, driver licence);

d) Fragile items (vases, fragile glass items, art paintings, photos, liquids etc.)

6 STORAGE AGREEMENT WITH PARTNER

6.1 Security arrangements. Each Customer will comply with the PROCEDURE FOR ACCEPTANCE AND STORAGE OF CUSTOMER’S PROPERTY enumerated under Clause 6 of Partner’s Terms which are part of this terms specified by the Partner, including the provision of proof of Booking and proof of identity, an inspection of the luggage stored, sealing of bags and photographing the luggage to record condition.

6.2 Customer agrees to store luggage during the period mentioned in booking or create additional booking (s).

6.3 Unless otherwise agreed, only the Customer who deposits an item may collect that item.

6.4 The customer bears independent responsibility for violation of the requirements of clause 5 of this Terms, including for damage caused to the property and health of the Partners and third parties.

6.5 In the event that the amount of items in the booking, weight or dimensions of the Customer’s property exceeds the maximum allowable (dimensions 39,4" x 15,8" x 23,6", approximately 100cm x 40cm x 60cm, and weight 25 kg), the Customer is obliged to make an additional booking on the Website or in the Qeepl application under the conditions that coincide with this booking and using the same Account that was made in the original booking.

6.6 The Customer undertakes to use the storage point only for the temporary storage of property in accordance with this Offer and will not try to use the property for any other purpose, make any changes to it or change its contents during the booked storage period.

6.7 The Customer must only hand over the amount of goods that he indicated when booking. If the amount of property exceeds the information specified in the booking, the Customer must make an additional reservation or leave only the amount of property that was previously booked.

6.8 If the Customer is unable to pick up their property from their storage point by the end of the calendar day specified in the booking confirmation, Customer must make additional booking.

6.9 In the event any luggage remains uncollected fourteen (14) days after expiry of the booking, Qeepl may either dispose or sell Customer’s luggage without liabilities to Qeepl or Partner if one of the following accors:

6.9.1 The Customer cannot pick up his property from the storage point within 14 calendar days after the end date specified in the booking, and the Customer does not notify Qeepl about the renewal of the booking.

6.9.2 Qeepl is unable to accept payment to renew the booking, and the Customer does not provide a new payment method within 72 hours of receiving the relevant email notification from Qeepl.

6.9.3 In addition, Qeepl reserves the right to charge the Customer a disposal fee of $100 in addition to the cost already paid.

7 QEEPL’S COMPENSATION

7.1 Qeepl may offer compensation for loss or damage of luggage booked for storage in terms of these Terms. This does not constitute a contract of insurance and is offered at the discretion of Qeepl as outlined in this clause. Please note that we only offer compensation for goods booked through the Qeepl website or apps. Make sure you do not pay cash directly to the Partner, because we will only cover luggage booked through Qeepl.

7.2 You understand and agree that this service is offered at Qeepl’s sole discretion. Accordingly, Qeepl may reject your claim if it deems it inappropriate. You agree that Qeepl’s decision on any claim for compensation will be final and binding.

7.3 Qeepl will issue compensation up to a total of $1,000 (or local currency equivalent in other countries) per claim to cover the theft, loss or damage each Customer’s luggage. You must notify Qeepl about the loss or damage to your items for which you wish to invoke the Insurance by sending an email to support@qeepl.com within 24 hours of the scheduled end of your Booking.

7.4 Qeepl will compensate you for the value of the Items up to the amount specified above, taking into account the Items’ initial value as well as any loss caused by wear and tear. The compensated value will be decided entirely at Qeepl’s discretion. The compensation scheme does not cover Prohibited and Valuable Items outlined in clause 5.

7.5 For the Insurance cover to be in effect, the Customer must prove the following:

a) All relevant details regarding the exact Items that were stored in your booking for Storage Services;

b) The condition of the Items immediately before they were tendered for Storage Services;

c) The condition at the time you retrieved the Items from Partner; and

d) The value of each item included in the claim;

7.6 Failure to provide adequate documentation of the requirements listed above will automatically give grounds for a rejection of the claim. Whether or not the evidence provided is to be considered sufficient will be decided at Qeepl’s discretion.

7.7 Upon request, you will cooperate and communicate with relevant parties, such as the Partner and law enforcement, in resolving a claim.

8 DISPUTES

8.1 If a dispute arises between the Partner and the Customer in respect of any booking, Qeepl shall determine the issues in dispute and a final and binding decision.

8.2 Any dispute must be initiated by the aggrieved party in writing outlining the loss or damage suffered.

9 REPRESENTATION

9.1 Mutual Representations and Warranties. Each party represents and warrants that

a) it has full power and authority to enter into this Agreement;

b) this Agreement has been duly authorized;
c) this Agreement is binding upon it.

9.2 Qeepl’s Representations and Warranties. Qeepl represents and warrants to Customer that:

a) It will exercise the highest possible degree of skill and care in performing its duties under this Agreement; and

b) Partner has successfully completed Qeepl’s screening process.

10 DISCLAIMER

10.1 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, QEEPL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO SERVICES (WHICH IS PROVIDED ON AN “AS-IS” and “AS-AVAILABLE BASIS”); THE PARTNERS, OR OTHER RESULTS ARISING FROM OR RELATING TO THIS AGREEMENT. QEEPL HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

10.2 Mutual Indemnification. Each party hereby agrees to indemnify, defend, and hold the other party harmless from any and all claims, demands, costs, liabilities, losses, expenses and damages arising out of or in connection with (a) any breach by either party of any provision of this Agreement; (b) any act or omission (including negligent acts or omissions) of Partners in the performance of Services; © any breach by the party of any applicable laws and regulations; (d) any deficiency, error or delay in the delivery or performance of Services by the Partners; and (f) claims by third parties in relation to performance of Services.

11. CONFIDENTIALITY

11.1 Use and obligations. All confidential information disclosed by the Customer to Qeepl hereunder will be the Proprietary Information of the Customer. Accordingly, Qeepl will hold in confidence and not disclose or, except in performing its obligations hereunder, use any Proprietary Information of the Customer.

11.2 Exceptions. Confidential information will not include any information Qeepl can document (i) is or becomes readily publicly available without restriction through no fault of Qeepl, or (ii) was in its possession or known by it without restriction prior to receipt from the Customer, or (iii) was rightfully disclosed to it by a third party without restriction, or (iv) was independently developed without use of any Proprietary Information of the Customer. Qeepl may make disclosures required by law or court order provided Qeepl provides the Customer with advance written notice of such disclosure and cooperates with the Customer, at the Customer’s request and cost, in any attempts by the Customer to limit or prevent such disclosure.

12 GENERAL PROVISIONS

12.1 Relationship of Parties: For all purposes under this Agreement, Qeepl and the Customer are independent from each other. Nothing contained in this Agreement will be construed to create the relationship of principal and agent or employer and employee as between the parties.

12.2 Governing Law; Jurisdiction and Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware without regard to its rules of conflict of laws. The parties hereto hereby irrevocably and unconditionally consent to and submit to the exclusive jurisdiction of the courts of the State of Delaware and of the United States of America located in such state (the “Delaware Courts”) for any litigation arising out of or relating to this Agreement and the transactions contemplated hereby (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the Delaware Courts and agree not to plead or claim in any Delaware Court that such litigation brought therein has been brought in any inconvenient forum.

12.3 Assignment. Neither party will have the right to assign this Agreement to another party without the other party’s written consent, except that either party may, upon written notice to the other party (and without the other party’s consent), assign this Agreement in its entirety to a parent company, any subsidiary of a parent company, or an assignee in connection with a corporate reorganisation, acquisition, merger, or sale of or substantially all of its assets; provided that the assignee agrees in writing to be bound by all of the terms and conditions of this Agreement.

12.4 Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

12.5 Headings. The section and subsection headings are for convenience of reference only and shall not be considered in the interpretation of this Agreement.

12.6 Severability. If any provision of this Agreement is or becomes invalid, illegal or unenforceable in any respect, it shall be ineffective to the extent of such invalidity, illegality or unenforceability and the remaining provisions of this Agreement shall remain in effect. If one Party gives notice to the other party of the possibility that any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

12.7 Entire Agreement. This Agreement shall constitute the entire understanding and agreement between the parties. It supersedes all prior negotiations, understandings or agreements between the Parties concerning the subject matter contained herein. This Agreement may not be modified except in a writing signed by the parties and expressly referencing this Agreement