This page states the Terms and Conditions under which you (Visitor) may access the services provided by us under this website www.yourspacedoctor.com. The Website www.yourspacedoctor.com is owned and controlled by YOUR SPACE DOCTOR LLP (here in after referred as YSD).
Please read this page carefully. If you do not accept the Terms and Conditions stated herein, we request you to exit the Website, as acceptance of these Terms is precondition for accessing the Website and our Service. YSD, any of its business divisions and / or its subsidiaries, associate companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this post. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all Visitors of this Website. In using www.yourspacedoctor.com service, you are deemed to have accepted the Terms and Conditions listed below or as may be revised from time to time, and you understand and agree that you are bound by such terms till the time you access the website.
Please read these Terms carefully and make sure that you understand them, before ordering any Services or purchasing any Packing Materials. Please note that by ordering any of our Services or Packing Materials, you agree to be bound by these Terms and the other documents expressly referred to in them.
ELIGIBLITY FOR USE OF WEBSITE:
Use of Your Space Doctor’s Service is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use www.yourspacedoctor.com only with the involvement of a parent or guardian.
IF A PARENT REVOKES CONSENT AT ANY TIME, WE MAY STOP A CHILD’S PARTICIPATION IN AN ACTIVITY ON THE WEBSITE
If you are not a Resident Indian, you may access, use and avail of the Service only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the Service is based on the understanding and agreement that by accessing and using the Service, you are not violating the local laws in India and/or your country. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard.
The following definitions apply to these Terms and Conditions and any or all Agreements:
"Bulky Items" means items that you store with YSD on the basis of area measured in square feet, which are not able to fit in a Storage Box.
"Collection Date" means, the date specified in your order for the collection of your Storage Boxes and/or Bulky Items;
"Customer Account" means a customer account which has been opened by you through our site in order to avail Services and is identified by way of an allocated account number generated by us;
"Stored Items" means products stored in Storage Box and/or Bulky Items (as applicable);
"Return Request" means a request by you for us to return the Storage Box and/or Bulky Items (as applicable) to you from our storage facility;
"Storage Box Items" means the items that you store in Storage Boxes;
"Storage Box" means Your Space Doctor’s storage Boxes;
"VAT" means Value Added Tax;
"Person" includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
- a reference to a party includes its successors or permitted assigns;
- a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
- any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
- a reference to writing or written includes e-mails.
3. ORDER PROCESS
- 3.1 You can make an order for Services through our Website or by phone. The ordering process is as follows:
- You shall either:
- follow the procedure set out on our site;
- call us on 022-20876000 and follow the instructions of the telephone operator; or
- email us with your contact information at email@example.com and we will call you back, in order to make an order for Services ("Enquiry");
- During the order process set out at above section above, if you do not already have a Customer Account, you shall provide personal details that will automatically create a Customer Account for you on completion of the Enquiry;
- You shall select a password as part of the registration process to open your Customer Account. You must use all reasonable steps to keep your password confidential, and must inform us if you suspect or discover that your password has become known to someone else;
- In Order Form, you shall provide name, address, phone number, email address, etc. of such person who can act as your Nominee. In the event of your death or if you are unable to be reached despite of best efforts, YSD shall be entitled to drop / deliver the Storage Material at the address of the Nominee and upon such delivery, YSD shall be free from any liability towards Storage Material"
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:
- send you an Order Confirmation; or
- 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
Once we have assessed your Enquiry and allocated the resources to fulfill it, we will send you an email ("Order Confirmation") to confirm:
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. However, to the extent that your Enquiry includes Bulky Items, this Agreement and such Enquiry will only become an Order and legally binding in relation to such Bulky Items once the Collection Team has agreed to accept your Bulky Items and such Bulky Items have been loaded onto the delivery vehicle.
- that your order has been accepted; and
- the specific time and date for performance of the Services (at which point your Enquiry will become an "Order")
4. STORAGE SERVICES
- 4.1 If part or all of your Order is for Storage Services, the Storage Services shall be performed in accordance with this section:
- We shall deliver the empty Storage Boxes free of charge at the time and to the address specified in the Order;
- If there is no one available at your address when we come to deliver the Storage Boxes, the same shall amount to ‘NO SHOW’ and a ‘NO SHOW FEE’ will become applicable as stated in Annexure A. Please contact us to re-arrange delivery. We reserve the right to refuse to re-deliver more than once and cancel your Order with no refund if an initial re-delivery fails through no fault of our own.
- You shall fill in the Storage Boxes with the Storage Box Items. Our Personnel will visit your premises, barcode and seal the Storage Boxes in front of you and load it in our delivery Vans.
- If you opt for storage of Bulky Items on the basis of per square feet, you shall in advance inform us the list of Bulky Items and the nature thereof. Our Personnel will come to your premises, bar code each Bulky Item and load it in our Delivery Van.
- The sealed Storage Box and Bulky Items will be delivered to our warehouse and will be stored in defined area.
- We shall store the Stored Items of the Customer on “said to contain” / “AS IS” basis. The Stored Items will not verified by us.
Drop and Pick up:
- In the Order form, you shall specify the date on which empty Boxes are required to be dropped by us at your address i.e. the Drop Date as well as the date on which you want us to Pick Up / Collect the Storage Boxes containing Items, along with Time Slot. The Pick Up Date shall be within 7 days from the Drop Date.
- On Pick Up / Collection Date, Our Personnel will come at the designated place during the Time Slot selected by you. Our Personnel will come at any time during the selected Time Slot and collect the Storage Boxes containing the Storage Box Items and Bulky Items, at the time and from the address specified in the Order, and we shall store them for 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 as specified in Annexure–A shall become applicable.
- The storage billing shall commence from the Pick Up / Collection Date itself.
- 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 as specified in Annexure–A.
- If, except through our own fault, we have to return to your specified address to complete the collection, a further collection charge may apply as per Annexure–A. 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.
- We will store your Items until such time as you submit a Return Request through your Customer Account via our Website.
- The Service shall be provided on month on month and accordingly the fees will be applicable on monthly basis.
- 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 as mentioned in Annexure–A will be applicable. Further, you shall continue to be charged for the Storage Services at the applicable monthly rate.;
4.3 Where you do not comply with the requirements of section 4.2, you will incur an additional charge for any Storage Boxes that you have retained, as detailed in Annexure A.
4.4 Please note the following with regard to collection, delivery and return of Storage Boxes and Items:
- You can elect for collection of the empty Storage Boxes, within 20 minutes of the Storage Boxes containing Items being returned to you, YSD Personnel will remove all Storage Box Items at your address and take back the empty Storage Boxes to the delivery Personnel.
4.5 You shall be responsible for:
- You shall mention the detailed address on Order form for Pick Up and Return of Boxes and will Pick Up and Return the Boxes from and at the address specified on the Order Form. Pick Up or return of Boxes to any other address shall be subject to our prior express written approval and separate cost, if any, before completing your Order.
- We will not deliver or collect Storage Boxes and/or Items to or from an address which is not within one of the delivery postcodes specified on our site as updated from time to time, unless we agree to do so in writing.
- If your delivery address has an elevator, we will deliver, collect and/or return Storage Boxes and/or Items from or to any level serviced by such elevator, provided that the Storage Boxes and/or Items are capable of being transported in such elevator. If your delivery address does not have an elevator, or that elevator does not service the level from or to which the Storage Boxes and/or Items are to be delivered or collected, we will deliver, collect or return Storage Boxes and/or Items from or to any level up to and including the fourth floor above ground level and down to and including the fourth level below ground level of your delivery address. We may, at the discretion of our delivery Personnel at the time of delivery/collection/return, either: (a) deliver, collect or return to or from levels higher than the fourth level above ground level or lower than the fourth level below ground level, in which case the additional charge as mentioned in Annexure-A may apply at our discretion; or (b) choose to abort such delivery/collection/return;
- 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;
- 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.
4.6 Other than Bulky Items, all items that you wish us to store must be packed by you into a Storage Box, and we shall not accept any type of container other than a Storage Box for such items.
4.7 If there is any dismantling work required, we prefer that client gets it done prior to our collection. If our team do help in dismantling any of the items, we are not liable for any damages in the process.
4.8 Unless otherwise specified on our site or agreed by us in advance in writing, each packed Storage Box must not exceed a maximum weight limit of 25 kg, whereas each Bulky Item must not exceed a maximum weight limit of 100 kg. We reserve our right to refuse to accept any Storage Boxes or Bulky Items that exceed such weight limit.
- 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;
- Ensuring that either you or your authorised representative (as specified in the Order) are present during the delivery, collection and return of the Storage Boxes and/or Items;
- Providing us with your up-to-date contact details in your Customer Account;
- Ensuring that the Storage Box Items are securely and safely packed into the Storage Boxes, and the Bulky Items are securely and safely protected, so as not to cause any damage or injury to:
- the Items;
- the Storage Boxes;
- our property, employees, agents or contractors; and/or
- any other items, property or person;
- Ensuring that all Storage Boxes are correctly sealed with the tamper-proof seals.
5. STORAGE ITEMS & TITLE WARRANTY:
- 5.1 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.
- 5.2 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.
- 5.3 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.
- 5.4 We reserve the right to refuse to collect, store or deliver any Items in our sole and absolute discretion if we believe that:
5.5 The Items must not include any of the following:
- the Items do not conform with the requirements of this Agreement; or
- the safety or security of any person or property would be put at risk by doing so.
5.6 We or any of our contractors may open any Storages Boxes and their contents at any time if:
- food or perishable items;
- any living creature;
- weapons, arms or ammunition;
- any item which emits fumes, smell or odour;
- gold-silver, jewellery, currency, ivory, precious metals or stones;
- illegal substances or items illegally obtained (including any drugs);
- combustible or flammable materials, liquids or compressed gases, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents;
- chemicals, radioactive materials or biological agents, toxic waste, asbestosor other materials of a dangerous nature;
- any other toxic, flammable or hazardous items;
- any dangerous substances of hazardous nature;
- any other items, the possession, transport or storage of which contravene in any way any applicable laws or regulations.
5.7 Where Items are in breach of section 5.5:
- we reasonably believe that they contain any of the items listed at section 5.5;
- where we are required to do so by any law, court order or competent authority, including the police or fire services;
- it is necessary to do so to prevent damage or injury to persons or property;
5.8 Our acceptance of Bulky Items is at our absolute discretion at the time of collection, is subject to the storage rules for Bulky Items as set out on our site and may be subject to additional charges as set out in Annexure-A. If we elect not to accept a Bulky Item, your Order will still be valid to the extent that it contains other Bulky Items that are accepted by the delivery personnel and/or packed Storage Boxes that are compliant with this Agreement.
- 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
- You shall be responsible for all resulting costs, expenses and losses incurred by us and shall pay such amounts to us on demand.
6. RESTRICTIONS ON YOUR USE OF THE SERVICES:
- use the Services or our site except as expressly permitted by this Agreement;
- use the Services in any unlawful or fraudulent way or for any unlawful or fraudulent purpose;
- disrupt, damage or interfere with the Services, the Storage Boxes or our site in any way; or
- 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.
7. RISK AND INSURANCE:
- 7.1 The Storage Boxes are our property, and shall be used by you only for the purpose of using the Services in accordance with this Agreement and Order. Nothing in this Agreement, nor any representation made by any of our representatives, will have the effect of transferring ownership of any Storage Boxes to you or any other third party.
- 7.2 Risk in the Items shall remain with you at all times. The risk in the Storage Boxes shall pass to you from the time that such Storage Boxes are either: (a) delivered personally to you/your authorised representative; or (b) left in the delivery place specified in your Order (as applicable). Risk in such Storage Boxes shall return to us when such Storage Boxes are collected by us on the Collection Date or such other date as agreed between you and us in writing.
- 7.3 In the case of Storage Services, our liability shall be limited to Rs. 25000 /- per Storage Box and Rs. 25,000 per Space (minimum size 8 sq. ft) and multiples thereof, which amount will cover liability in respect of:
7.4 Unless you execute the Excess Valuation Declaration and pay the additional monthly charge in connection therewith required by YSD, towards insurance, YSD’s liability, if any, for loss, damage, or destruction to part or all of the Stored Materials shall be limited as per clause 7.3 above, which amount you declare to be the value of the Stored Materials. If you execute the Excess Valuation Declaration, YSD may take out insurance of the stored material to the extent of amount of Excess Value Declaration based on your request, at your cost.
7.5 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.
7.6 For Electronic item- serial number, make, year of Manufacture etc will be catalogued.
7.7 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.
7.8 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.
7.9 Category needs to be maintained for the different items being stored in the box as well as space, eg: Crockery, clothes.
- Collection of the Items from the address specified in the Order and transportation of the Items to our storage facility;
- Storage of the Items at our storage facility; and
- Returning the Items to the address specified in your Return Request.
8. PAYMENT AND CHARGES FOR SERVICES:
- 8.1 The charges for the Services are set out in the Annexure–A, which shall also be specified in Order as per the quantity of Boxes & Bulky Items.
- 8.2 In respect of the Storage Services, your use of the Storage Services is on a rolling monthly basis, with charges for the Storage Services payable by debit or credit card in advance as follows:
8.3 All charges are exclusive of taxes.
8.4 For any additional service or any additional number of Boxes or Items are to be stored, the additional charges as per Annexure–A shall apply.
8.5 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.
- charges for the storage will be payable on the date on which your Storage Boxes and Bulky Items, having been collected pursuant to an Order,
- charges for subsequent months' storage will be payable monthly in advance within 7th day of every calendar month; and
- charges for storage for the month in which we return the Items to you will be payable in full when you submit a Return Request.
9. FAILURE TO PAY THE CHARGES FOR THE SERVICES:
- 9.1 In the event of delay in payment of fees, delay payment interest @18% p.a. shall be applicable from the date it fell due till the same is realized.
- 9.2 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").
- 9.3 After we exercise the Lien in accordance with this clause:
In default of the prompt payment of the Debt, you authorize us:
9.4 In the event that the Debt in respect of the Storage Services is not paid within 90 days after its due date for payment, the following shall apply:
- to access the Storage Boxes and inspect the Items; and
- to hold onto and/or ultimately dispose of some or all of the Items in accordance with clause 9. 9.2;
9.5 You will pay our costs incurred in administering the Debt collection and sale process described in this section 9.4. These costs will include (without limitation) auction costs, removal costs, cleaning costs and charges for our own time.
- we may sell the Items and transfer all ownership to the Items to any third party, provided we shall give you notice of 10 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 10 days of such notice, we will sell the Items;
- 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;
- 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;
- 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;
- 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
10. LIMITATION OF LIABILITY:
- 10.1 In respect of the Storage Services:
10.2 We only supply the Services and provide the Storage Box to you for your personal use and you agree not to use the Services and/or the Storage Boxes for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for
- 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 YSD offers.
- You must inspect the Items following the return of the Items from our storage facility and, if you believe that the Items are lost or damaged in any way, you must immediately from receipt of Items from us inform us about such loss or damage and we reserve the right to inspect and take pictures of any alleged damage to any Items before you make an insurance claim in relation to such Items;
We shall not be liable to your for any loss, mis-delivery of and/or damage to any Items as a result of:
- any seizure or forfeiture under legal process;
- any act, omission, misstatement or misrepresentation by you or your servants or agents;
- any inherent vulnerability to wastage in bulk or weight, defect or inherent defect, natural deterioration or fragility of the Items (even if marked "Fragile");
- insufficient addressing; or
- you not taking or accepting delivery within a reasonable time after the Order has been tendered; and
- In the event of a claim in respect of an Item, we shall be entitled to require proof of the cost price and the current replacement cost of such Item.
10.4 Our Liability, if any, for loss, damage or destruction of the Stored Box Items shall be limited to the actual Value of Storage Box in which such Items are stored as assessed in clause 7.3. Further, our liability towards Bulky Item on account of loss, damage or destruction shall be limited to the dimension of such Bulky Item as assessed in clause 7.3.
10.5 Our total liability in respect of any breach of this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, including loss or damage to Items or any other property during collection, storage or return, shall not in any event exceed as assessed in clause 7.3.
10.6 Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
10.7 We shall not be liable for failing to carry out any of its obligations under this Agreement including any and all acts and omissions of its subcontractors in the event of their failure results from acts of God, war, civil commotion, fire, flood, any government action or intervention and sudden change in political situation, strike or labour dispute and/or any other situations, causes or contingencies beyond our reasonable control. However, in such events you shall continue to be liable for paying any charges like storage charges due to us.
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect consequential loss;
If any such event beyond our control takes place that affects the performance of the Services or any of our other obligations under this Agreement:
- we will contact you as soon as reasonably possible to notify you; and
- we shall use reasonable endeavors to minimize any disruption to the Services.
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.
12. HOW WE USE YOUR PERSONAL INFORMATION:
13. RIGHT TO CANCEL AND COMPLAINTS:
- 13.1 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.
- 13.2 Please note that:
- cancellation by you of an entire Order will terminate this Agreement but will not constitute a closure of your Customer Account, which shall continue until closed in accordance with section 15.1; and
- 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.
- 13.3 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.
- 13.4 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.
- 14.1 You shall:
- ensure that the information you include in your Enquiry is complete and accurate; and
- ensure that you only purchase Services if you are at least 18 years old.
- 14.2 We shall provide the Services with reasonable care and skill and ensure that the Storage services are of a satisfactory quality and delivered in accordance with the terms of this Agreement.
- 15.1 These Terms will be binding on you from the earlier of the date on which you:
- Accept the Terms;
- Start using a Service / access the Website; and
- For as long as you use the Service.
- 15.2 You may terminate this Agreement by either:
- submitting a Return Request (as applicable) in respect of all Stored Items stored with us;
- closing your Customer Account or
- exercising your cancellation right in respect of your entire Order in accordance with clause 13.
- 15.3 We may terminate this Agreement and/or your Customer Account with immediate effect by notice in writing to you if:
- you fail to pay any amount due under this Agreement, including any interest accrued, by the date due; or
- you are in breach of any term of this Agreement.
- 15.4 We may terminate this Agreement and/or your Customer Account for any reason by giving you not less than 7days' written notice.
16. CONSEQUENCES OF TERMINATION:
- 16.1 Upon termination of this Agreement for any reason:
- You must contact us promptly to arrange for return of the Items or collection of Storage Boxes (as applicable). If within 30 days following termination of this Agreement for any reason you fail to arrange for such return/collection, then either: (i) in respect of Storage Services, we may dispose of the Stored Items in accordance with the provisions of section 9.
- you shall immediately pay to us all of our outstanding unpaid invoices and interest;
- 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
- clauses which expressly or by implication have effect after termination shall continue in full force and effect.
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. YSD shall be entitled to disclose all or any Confidential Information to any Government or Regulatory authority without prior intimation to you.
- 18.1 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 specified in your Customer Account.
- 18.2 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 firstname.lastname@example.org.
- Our address for service of notices shall be our address set out in these Terms.
- 18.3 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.
- 18.4 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 in your Customer Account.
19. ASSIGNMENT AND SUB-CONTRACTING:
- 19.1 We may at any time assign, transfer, or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of our obligations under this Agreement to any third party or agent.
- 19.2 You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Agreement.
20. OTHER IMPORTANT TERMS:
- 20.1 All intellectual property rights in or arising out of or in connection with the Services and/or Storage Box shall be owned by us.
- 20.2 This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
- 20.3 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.
- 20.4 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21. LINKS TO/FROM OTHER WEB SITES:
This Website www.yourspacedoctor.com contains links to other third party websites. These links are provided solely as a convenience to you. Wherever such link/s may lead to sites which do not belong to Your Space Doctor, we are not responsible for the content of linked sites and do not make any representations regarding the correctness or accuracy of the content on such third party websites. If you decide to access such linked third party websites, you do so at your own risk.
Similarly, this Website can be made accessible through a link created by other third party websites. Access to this Website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other third party websites or their aim or purpose in establishing such link/s to this Website are necessarily the same or similar to the idea, concept, aim or purpose of this Website or that such links have been authorised by us. We are not responsible for any representation/s of such other third party websites while affording such link and no liability can arise upon us consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any third party website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Website is utilized to visit this Website and such event is brought to the notice to us or is within our knowledge, civil or criminal remedies as may be appropriate shall be invoked.
You shall not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.
22. CONFIGURATIONS AND MINIMUM ESSENTIALS:
We do not expressly recommend any particular software, operating system, application to use and access this Website. If for any particular reason, the Website does not open or is unable to be displayed in full in your computer, then we shall not be held liable for any act, omission or commission that may occur because of the same. It shall be your responsibility and liability to keep your computer in consonance with the latest standards so as to access this site; though latest standards cannot be defined or categorized.
We also reserve the right to change the software and hardware which is required to gain access to the Website without prior notice to you and it shall not be our responsibility if the User computer system is incompatible with the software and hardware changes.
23. FRAUD PROTECTION:
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
AS PROVIDED ABOVE, ALL INFORMATION, TECHNOLOGY AND SERVICE PROVIDED SHALL, AT ALL TIMES, BE ON A "AS IS" AND "AS AVAILABLE" BASIS AND WE HEREBY STATE THAT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR ITS OPERATION IS NOT UNDERTAKEN BY US. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE, FREE FROM COMPUTER VIRUS OR ERROR FREE.
WE DO NOT WARRANT OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SERVICE IN TERMS OF ITS COMPATIBILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS AND USE OF THE SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ALTHOUGH WE ADOPT SECURITY MEASURES WE CONSIDERS APPROPRIATE FOR THE OFFER OF THIS SERVICE, WE DO NOT ASSURE OR GUARANTEE THAT NO PERSON WILL OVERCOME OR SUBVERT THE SECURITY MEASURES AND GAIN UNAUTHORISED ACCESS TO THE SERVICE OR ANY CUSTOMER’S ACCOUNTS. WE SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY LAW INCLUDING INFORMATION & TECHNOLOGY ACT, 2002 AS MAY BE AMENDED FROM TIME TO TIME. IF ANY UNAUTHORISED PERSON HACKS INTO OR GAINS ACCESS TO THE SERVICE OR TO YOUR ACCOUNTS; AND YOU SHALL BE LIABLE AND RESPONSIBLE FOR THE SAME.
25. GOVERNING LAW:
The laws of India govern these terms and conditions and the courts of Mumbai shall have exclusive jurisdiction.