1. Introduction
1.1 These terms and conditions highlight the rules and regulations for using LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App. for luggage safe keeping.
1.2 Please go through the terms and conditions carefully before using LUGBEE SERVICES PRIVATE LIMITED Website and Mobile Application services. This agreement binds a legal contract between you (“you”, “your”, the “User”, , the “customer”, the “client”, the “host”, the “store”, the “Hotelier”, the “Storage Provider” or the “Storage Seeker”) and Lugbee Service Pvt. Ltd (“we”, “us”, “our”, “LUGBEE” or the “Company”), registered at B22, Gandhi Nagar, Commercial Market, Bikaner, Rajasthan, India with Registration Number U72900RJ2021PTC073563 which governs the use of this Website (www.lugbee.com), Mobile App and services.
1.3 By registering/signing up your details with the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App or using any services provided by the company (“the Services”) in a way, you (“the User” or “you”) agree to be obliged by the following terms and conditions (“the Terms and Conditions”), to inform the company of all the services undertaken, and to pay the relevant charges. In case you have an objection to the elements of this agreement, kindly do not use the services available on the LUGBEE SERVICES PRIVATE LIMITED website and Mobile Application. Neither should you access the website or the application. The rights to change and modify these Terms and Conditions regularly without informing or notifying is reserved by the company. You will be considered to have read and accepted these Terms and Conditions, including any changes, each time you use the site.
1.4 The Services are provided by offering a platform to the users of the LUGBEE SERVICES PRIVATE LIMITED Website known as Lugbee.com & Mobile App that are looking for storage space(s) & Add-on facility (also, referred to as ‘Storage seeker(s)’ or ‘Consumer(s)’ or ‘Customer(s)’ or ‘Seeker(s)’ or ‘Traveler(s)’) to users of the LUGBEE SERVICES PRIVATE LIMITED website & Mobile App providing private storage space(s) & Add-on facility (also, referred to as ‘Storage Provider(s)’ or ‘Host(s)’ or ‘Hotelier(s)’ or ‘Provider(s)’ or ‘Partner(s)’ or ‘Lugbee Partner(s)’) by promoting it on our Website (www.lugbee.com) & Mobile App. The services are only offered to facilitate this link within Consumers and Hosts, including but not limited to, finding, discovery, messaging, booking, payment, ratings, and reviews. The company is not a middle agent or a property broker.
1.5 LUGBEE SERVICES PRIVATE LIMITED services are not to be used by individuals lower than the age of 18 years or by those temporarily suspended by the admin. If you are not eligible, kindly do not use our services. If you are registered as a business entity, by agreeing to these Terms and Conditions, you represent that you have the authority to oblige that business entity to these Terms and Conditions.
2. Definition
2.1 Hourly Charges: It defines that users can make bookings to secure their luggage on an hourly basis.
2.2 Luggage safe keeping facility: The facility to secure goods with a host (hotelier) by the traveler is known as the Luggage safe keeping facility.
2.3 Luggage: Luggage means and includes all the bags and baggage which the travelers want to give for safekeeping.
2.4 Terms and Conditions: It refers to this document, entitled “General Terms and Conditions of use and sale of services.”
2.5 Account: It defines the personal area of a user registered on the LUGBEE SERVICES PRIVATE LIMITED website & Mobile App involving their personal information and any content published by them.
2.6 Service Fees: It defines the fees acquired by the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App concerning the services obtained by the user on the LUGBEE SERVICES PRIVATE LIMITED Website or Mobile Application.
2.7 Member: It refers to any user registered on LUGBEE Website & Mobile App. The member must be an individual who is a natural person of legal age or a professional and must have the legal capacity to enter into this contract. All clauses applicable to users are also applicable to Members.
2.8 Host or Provider or Hotelier or Lugbee Service Pvt. Ltd Partner or Partner or Storage Provider: It defines a member registered on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App with potential private space with authority to use it regularly to provide temporary luggage storage & Add-on facilities. The Host (Hotelier) is a professional who plays the role of a depositary and keeps luggage entrusted to them by travelers in private and professional storage space and then later returns it to the traveler as and when demanded . The Host (Hotelier) who keeps and then returns the luggage entrusted by a traveler or several travelers through the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App will receive remuneration from the traveler, which will be transferred via LUGBEE SERVICES PRIVATE LIMITED.
2.9 Profile: It defines personal information entered by the member in their account space. Certain data is visible to all users (or hosts), while other information is only visible to members with whom the user’s booking has been confirmed.
2.10 Services: It refers to the range of services offered by Lugbee Service Pvt. Ltd on its Website & Mobile App.
2.11 LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App: It refers to LUGBEE SERVICES PRIVATE LIMITED/ lugbee.com a web-based platform through which luggage storage services are booked. The LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App incorporates its technical and software infrastructure and content, including text, hyperlinks, sounds, still or animated images, videos and databases, tree structures, navigation mode, layout, design, etc.
2.12 Price: It refers to the variable price(s) for a traveler’s luggage storage service with a Hotelier. The prices displayed on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App include LUGBEE SERVICES PRIVATE LIMITED Service Fees.
2.13 User: It refers to anyone who browses or uses the LUGBEE SERVICES PRIVATE LIMITED Website known as lugbee.com & Mobile App without being recognized or registered as a member. Their use of the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App is governed by these Terms and Conditions.
2.14 Traveller: It defines a genuine individual of legal age and capacity to become a member of the LUGBEE SERVICES PRIVATE LIMITED Website and Mobile App by completing the process of registration on the LUGBEE SERVICES PRIVATE LIMITED web platform with an intention to secure their luggage with the Host associated with LUGBEE SERVICES PRIVATE LIMITED for leisure and non- professional concerns act as a depositor.
2.15 Qualifying Loss: It means the damage or loss caused during the validity of the Booking agreement. It can be referred to in situations like :-
i. if claimed by the Host/ provider concerning the structure, fixtures, and/or fittings of the premises which they own,
ii. if claimed by the consumer, to items owned by the consumer and stored at the storage address of the booked storage space.
2.16 LUGBEE SERVICES PRIVATE LIMITED Guarantee: It defines the guarantee of compensation for loss or damage provided to either the seeker or the provider by the company whose conditions, limitations, and exclusions are set out in clause 8 of these Terms and Conditions.
2.17 Insurance: Under the situation of Loss or Theft of luggage while in possession of LUGBEE SERVICES PRIVATE LIMITED, compensation will be provided by the Insurance Company.
2.18 Prohibited Items: It defines those items which may not be stored and includes any valuable items under these Terms and Conditions in any situation whatsoever.
2.19 Registration Details: This defines the data used to recognize each unique user, comprising an email address and a password.
2.20 Storage Address or LUGBEE SERVICES PRIVATE LIMITED Listing/Location or LUGBEE SERVICES PRIVATE LIMITED Verified Listing/Location or Partner Listing/Location or Listing/Location or Host Listing/Location or Verified Listing/Location: It defines the premises containing the Storage Space & Add-on facility which is listed on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App on a dedicated page and which is the subject of a booking.
2.21 Storage Space: It refers to the physical space at the store or the hotel as shared by a provider/ Host where luggage is stored for the booking duration.
2.22 Booking/Reservation– It refers to an arrangement for storage & Add-on facility with a provider/ host and a traveler where Lugbee Service Pvt. Ltd facilitates this transaction through the services provided on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App. Booking incorporates various details, among other things like details on payment, number of items to be stored, date(s), and duration for which the storage space is needed.
2.23 Structural Damage: It refers to the damage of any type to the structure, fixtures, and fittings of the physical premises of the listing.
2.24 Structural Damage Incident: It refers to an incident causing Structural Damage to the Storage Space or Storage Address and may comprise one or more discrete instances of damage or loss, as long as they have an actionable element in common. The company reserves the absolute right in its sole discretion to evaluate what constitutes a Structural Damage Incident in practice, what was the cause of such an incident, and whether the damage was caused by one single such Incident or multiple Incidents.
2.25 Listings Page: It refers to the dedicated page on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App offering the details of storage space as promoted and outlined by a provider.
3. Obligations Of All Users
3.1 Registration with the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App obliges the user to either log in via Facebook or Google or enter your name, email address, and a password. If you use the registration method and accept the registration, your email address and password will be the “Registration Details” of your user account.
3.2 Users are accountable and responsible for keeping their Facebook/Google password or Registration Details safe and confidential and not disclosing them to anybody else. You are responsible for all activities carried out using your user account, whether or not you have permitted or facilitated it. If you find or suspect that any of your Registration Details or your user accounts are known by a third party or are being used without your permission, you must intimate us immediately via an email at our email address – info@lugbee.com .
3.3 “Restricted/Prohibited Items.” The given items may not be stored at a LUGBEE SERVICES PRIVATE LIMITED Stored under any circumstances: Toxic, polluted or contaminated goods; “Inherently dangerous” materials, including gasoline, compressed gas, propane tanks, kerosene, lamp, and motor oil, acid, grease, corrosives, fertilizer, paint, cleaners, chemicals, narcotics, or hazardous, toxic or biological waste; asbestos or products containing asbestos, fireworks, explosives, weapons or ammunition; radioactive materials; highly flammable or hazardous goods; living plants or animals; food or perishable goods (unless frozen food to be stored in a deep freezer); anything damp, mouldy, rotten or infested with or damaged by parasites; any item which emits any fumes or strong odour; cash, valuables and securities; illegal goods; waste; declared illegal goods within the country or any item whose presence would invalidate any insurance policy which would otherwise cover the items or the storage space.
3.3.1 Host or Hotelier or the Storage Provider reserve the right to reject Stored Goods if a single item exceeds the weight limit of 35 kilograms or the size limit of 100 cms in height, 60 cms in breadth, and 35 cms in depth.
4. YOUR/CUSTOMER/STORAGE SEEKER OBLIGATIONS
You warrant, represent, and guarantee to us that:
i. Your full address and contact details have been accurately entered on our storage receipt or the online form.
ii. The items of your baggage have been prepared and packed safely and cautiously by you in order to be secured against the general risks of transport, including any associated sorting and/or handling process;
iii. The items of your baggage do not cause hamper to any other luggage transported by us and/or stored with us;
iv. The contents of your baggage are not restricted items, and you are not an individual or organization who are legally restricted to enter into such trade under any applicable laws or regulations;
v. When you have requested us to charge the storage fee to a third party, their non-payment would be your responsibility, and hence, you have to pay the remaining unpaid amount.
vi. All applicable laws and regulations have been complied with, besides the provisions of this contract;
vii. The commercial value of each piece of luggage, including its content, does not exceed 10,000 INR.
viii. Storage/Booking Details: The customer must visit every stored good centre with a booking details, which is an integral and significant part of these General Terms and Conditions of service. Said ‘details’ will be issued by LUGBEE Services Pvt Ltd or his appointee. The ‘details’ must be filled completely and correctly in all the sections and duly accepted by the customer (for luggage deposited with staff), also for acceptance of these terms of service. It must be filled out in an explicit and comprehensive manner. For the luggage lockers, “I accept all terms and conditions” must be ticked at the moment of the online reservation. A ‘booking detail’ will be sent to the customer in the form of an email to the registered Email ID.
ix. Indemnity: You admit to indemnify us and hold us harmless from any liability we may suffer, or any charges, damages, or expenses, including legal costs, we may suffer either to you or to any third parties and arising out of you being in breach of any of these warranties, obligations, and guarantees, even if we inadvertently accept storage that contravenes any of your obligations.
5. ADDITIONAL OBLIGATIONS OF THE STORAGE SEEKER
5.1 The customer undertakes to promptly pay the fee fully and in good faith and using the online booking system on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App.
5.2 The customer will comply with the access and security framework set out in the Listings Page of the Provider’s Storage Space, keep safe any keys or other items used to access the Storage Space, and not allow any other person access to the Storage Space unless accompanied by the customer who will be accountable for the actions of that person. It will be always presumed that the customer is using the access facility provided by the company.
5.3 The Customer admits to offering reasonable compensation to the provider in the unlikely event of damage to the Storage Space and/or Storage Address caused by the Stored Goods or by any negligent act or omission of the Customer. Reasonable compensation will generally mean compensating for reasonable repairs or replacement where the Storage Space and/or Storage Address or part thereof is damaged beyond repair.
5.4 The Customer will only use the Storage Space for the purpose of temporary storage of Stored Goods following with these Terms and Conditions and not attempt to use it for any other purpose, or make any permanent physical changes to it, or do an action that will interfere with the Provider’s reasonable use of the rest of the premises.
5.5 The Customer will get the Stored Goods out from the Store’s Space upon request by the Storage Provider, provided that the Storage Provider has immediately notified the seeker via phone and email of such intention while giving seeker enough time to travel to the Storage Space and remove the Stored Goods as practically possible. LUGBEE SERVICES PRIVATE LIMITED, although may try to mediate, but is not responsible and liable for any dispute arising from such cancellation or removal request by the Provider.
6. ADDITIONAL OBLIGATIONS OF THE STORAGE PROVIDER/HOTELIER
6.1 The Host (Hotelier) must define the Storage Space, along with any terms of storage they wish to implement, on the listing page of the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App. Such a description may involve text, graphics, pictures, and other relevant content with information, including that of location address and access offered. All descriptions and information must be accurate, complete, up-to-date, and truthful to the best of your knowledge and belief. In case the Storage Space becomes unavailable for any reason, you agree to notify LUGBEE SERVICES PRIVATE LIMITED immediately via the email address mentioned in our Contact Us page of the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App/lugbee.com and remove or suspend the listing as soon as reasonably practicable.
6.2 The Host (Hotelier) can notify the LUGBEE SERVICES PRIVATE LIMITED about add-on facilities like Fresh & Change, Breakfast, Swimming, Bath Kit, Rooms on an hourly basis, etc., which the host can offer to the customer on a fee basis, so the booking can be arranged accordingly.
6.3 The Host (Hotelier) will comply with the access and safety framework.
6.4 The Host (Hotelier) will apply reasonable efforts to protect and ensure the security of the Stored Goods and ensure that they remain uninterrupted and, in any. case, take at least equivalent security precautions concerning the Stored Goods as the Hotelier does with his/her own property at the same premises.
6.5 Elements of the luggage are stored in a safe and secure non-public space where only authorized personnel have access.
6.6 Items are stored in a space monitored by a security camera(s) or where the space entry is monitored by a security camera(s).
6.7 Items are stored in a dry space that is away from any source of the fire.
6.8 The Host (Hotelier) agrees to offer reasonable compensation to the Customer in the event of damage to or loss of Stored Goods due to an act of negligence by the Host when such damage or loss could have been avoided. Reasonable compensation will generally refer to the compensation for reasonable repairs or, where the Stored Good(s) are damaged beyond repair, providing compensation of no more than the actual cash value of goods. Compensation will not be offered for any loss: (a) in respect of which a payment is made under an insurance policy; (b) caused by any act or negligent act or omission by the Storage Seeker; (c) if the Stored Good(s) are any of ‘Prohibited Items.’
6.9 If the Host (Hotelier) is cancelling the booking earlier for any reasons, the Host will give notice to the Customer, including sending a message via phone and email immediately to the Customer, along with notifying the Company via email. The Company has the right to suspend the user account of any Host who in the Company’s opinion cancels a booking early without good reason and/or violates any terms of this agreement.
6.10 It is your responsibility as a provider to ensure that promoting your storage space on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App will not breach or invalidate any applicable mortgage, insurance, or other agreement or policy that you are bound to. You should determine the terms of any such agreement or policy before promoting your storage space on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App and include any applicable restrictions on your Listings page. LUGBEE SERVICES PRIVATE LIMITED will not be liable for any violation whatsoever in this case.
6.11 The user must promote the Listing of the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App. On the user’s own website and mobile app.
6.12 It is the Provider’s/User’s responsibility to investigate the legality of making the storage space available to other people. LUGBEE SERVICES PRIVATE LIMITED will not be liable for any such bookings by the Provider.
7. FEES
7.1 Registering on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App, finding and viewing listing pages, adding a listing of storage space is of no charge.
7.2 All the monetary transactions among the parties will be operated by a third- party electronic payment system/gateway embedded in the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App. Payment processing services for Storage Providers on LUGBEE SERVICES PRIVATE LIMITED are provided by Razorpay and are subject to the Razorpay Connected Account Agreement, which includes the Razorpay Terms and Conditions. By agreeing to these terms or continuing the use as a Storage Provider in Lugbee Service Pvt. Ltd, you agree to be bound by theRazorpay Terms and Conditions, as the same may be modified by Razorpay on a regular basis. As a condition of LUGBEE SERVICES PRIVATE LIMITED enabling payment processing services through Razorpay, you agree to provide LUGBEE SERVICES PRIVATE LIMITED accurate and complete information about you and your business, and you authorize LUGBEE SERVICES PRIVATE LIMITED to share it and transfer information concerning your use of the payment processing services offered by Razorpay.
7.3 LUGBEE SERVICES PRIVATE LIMITED, at its sole discretion, reserves the right to regulate the fee/charge for storage space, including but not limited to facilities offered by the Provider, number and size of items to be stored by the seeker, and duration of the booking. LUGBEE SERVICES PRIVATE LIMITED reserves the right to alter or modify the fee whenever needed as considered suitable at its sole discretion without extending a notice to the users of the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App.
7.4 LUGBEE SERVICES PRIVATE LIMITED, at its sole discretion, reserves the right to determine the Storage Provider Share of the fees and may change it whenever required as considered suitable without giving or sharing any notification to users of the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App. Currently, the Storage Provider Share is a fixed percentage of the fees that the customer pays for a booking, excluding the taxes and transaction fees to the Payment Manager and the bank, as required. LUGBEE SERVICES PRIVATE LIMITED is not liable and accountable for any personal income taxes that the Storage Provider owes as part of such earnings that the Provider makes through this Provider Share of the booking.
7.5 Payment Cycle to Storage Provider: LUGBEE SERVICES PRIVATE LIMITED will pay the Storage Providers on a weekly payment cycle. For each weekly, the provider share amount (the amount compiled via provider share for all successful bookings at all their listings on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App for that period), LUGBEE SERVICES PRIVATE LIMITED will transfer this amount via online transfer, cheque, or cash to the Storage Provider within 7 days of the end date of the period. LUGBEE SERVICES PRIVATE LIMITED is not liable for any delays in transfer resulting either due to the Payment Manager or the recipient Provider’s bank or inaccuracy in bank account information provided to LUGBEE SERVICES PRIVATE LIMITED at the time of registering on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App. In case of cancellation or any modification of the bookings, there may be significant delays in transferring the Provider Share for these bookings, and such amounts may not be covered in the normal bi-weekly/monthly payment cycle. However, upon settlement of a cancelled or modified booking, the Company will ensure the transfer of Storage Provider’s share in the subsequent Payment Cycle.
7.6 All the Users clearly agree that all fees and charges for any booking must be only made using the booking system on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App. Under no circumstances may the Storage Provider request or accept payment of fees or charges related to a storage space in cash or via direct bank transfer or another means of payment without notifying LUGBEE SERVICES PRIVATE LIMITED or its representatives from the customers. Similarly, under no circumstances may the customers offer or attempt to pay for the booking or use of storage space other than the online booking system on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App. Any violation of this clause may result in deletion of the accounts of all users knowingly involved in such violation along with becoming ineligible, at the Company’s discretion, for any or all of Lugbee Service Pvt. Ltd services including but not limited to the Lugbee Service Pvt. Ltd Guarantee and you agree, where you are found by the Company to be so knowingly involved, to be jointly and severally liable to pay to the Company, the Company Share that would have been due had the booking been conducted in accordance with these Terms and Conditions. In such event, all Users hereby agree that the Company shall be entitled to deduct any such amount out of the total provider share amount to be paid to the Storage Provider.
7.7 Failure to Collect Stored Goods: If a Customer fails to collect their Stored Goods by the end of the pick-up time listed on their Booking confirmation, and the Customer is incapable to notify LUGBEE SERVICES PRIVATE LIMITED or the Storage Provider whether they wish to extend their reservation, LUGBEE SERVICES PRIVATE LIMITED will assume that the Storage Seeker wants to extend their reservation and will attempt to charge the original form of payment. LUGBEE SERVICES PRIVATE LIMITED will continue to do so every hour following the original Pick-Up date and provide an updated Booking confirmation to the Customer so long as LUGBEE SERVICES PRIVATE LIMITED can change the form of payment provided and the Storage Provider agrees to extend the reservation.
7.7.1 Removal of Stored Goods: In cases where customers do not contact LUGBEE SERVICES PRIVATE LIMITED or the Storage Provider about their intention to extend the reservation, Lugbee Service Pvt. Ltd reserve the right to remove the Stored Goods from the Storage Provider’s location and store the Stored Goods at a location convenient to LUGBEE SERVICES PRIVATE LIMITED. Further, we have the right to charge the customer a removal fee of up to 5000 INR.
7.8 Maximum duration for which a customer can book space for their luggage is for 07 days. If forwarding a forgotten item is requested within 30 days from the end of the reservation, the Customer shall bear all costs thereof, which shall be payable in advance. A fee of 3000 INR will be required apart from extra costs (shipping charges, etc.), which depend on the weight, destination, and shipping method (rail, road, etc.).
For security reasons, any item or luggage that is forgotten/found and not claimed will be handed over to the nearest police station within 30 days after the end of the reservation. LUGBEE SERVICES PRIVATE LIMITED will not be responsible for the stored luggage after 30 days.
7.9 Late Pick-up: In the event of late pick-up of luggage during business hours, LUGBEE SERVICES PRIVATE LIMITED Services Pvt Ltd. will charge, the regular hourly cost per bag applicable for each hour delayed. After the payment is concluded, the Customer will be able to withdraw the baggage.
7.10 Collection And Storage: The luggage shall be returned by hand upon full settlement of payment required for the duration of storage. If the customer does not intend to comply with the resulting costs or becomes unreachable to LUGBEE Services Pvt. Ltd./Lugbee.com it shall be entitled to the retention rights in accordance with the provisions of Indian Penal code/ applicable country law and also to proceed with storing and selling goods, it is understood that the Company may take legal actions to protect its credit. In any case, after 30 (thirty) days have elapsed from the date of the storage, the customers who have not collected their luggage/item(s) by signing this contract waive all rights on luggage/goods/ articles left, which will then become property of LUGBEE Services Pvt. Ltd./Lugbee.com. Therefore, LUGBEE SERVICES PRIVATE LIMITED reserves the right to donate the luggage and its contents, unclaimed within 60 days from the estimated collection date shown on the receipt, to national and international Charity Organizations and Foundations.
8. LUGBEE SERVICES PRIVATE LIMITED Guarantee
8.1 The Company guarantees to compensate an amount up to 10,000 INR for loss or damage to the stored property concerning the limitations, exclusions and other conditions contained in different clauses of these Terms and Conditions. You shall read all of this clause before participating in a booking to ensure that your actions should not invalidate the Guarantee. In all circumstances the liability of the ‘company’ will be subject to a maximum sum of Rs 10,000 INR.
8.2 You admit and acknowledge that in any of the events, the Company will decide in its sole discretion whether any claim made pursuant to this clause meets the conditions imposed by this clause, and what exclusions and limitations apply, and the Company’s decision on such matters will be final and binding. You further acknowledge and agree that:
8.2.1 LUGBEE SERVICES PRIVATE LIMITED reserves the right to withdraw the guarantee at any time before a claim is made, and following withdrawal, no new claims will be considered;
8.2.2 The Guarantee is intended to promote the use of our services by motivating users to formalize their booking arrangements. The Guarantee is a guarantee of responsibility between users and is not an offer to insure your property and does not constitute a contract of insurance.
8.3 To qualify for consideration for a Guarantee payment, you must be in adherence with the following conditions at all material times. If in the Company’s reasonable opinion, you are not completely adhering to each of the requirement in this clause, or if you cease to be so compliant at any time during the process of invoking the Guarantee (for example, by receiving an insurance payment), the Guarantee will be invalid, and any payments will be forfeited. If you do not wish or are incapable to comply with any of these conditions, you should inform us, and the Guarantee will not apply to you:
8.3.1 You must
(a) have incurred loss or damage to property during the duration of validity of a booking;
(b) be of 18 years or over and a registered user of the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App;
(c) be a member as a customer or provider (referred to as ‘party’ or ‘parties’™) of the booking giving rise to the claim;
(d) pursue all the bookings by only relying on the use of online booking system available on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App;
(e) have not performed a material violation of any of these Terms and Conditions, and
(e) in case of the Provider, be a policyholder for a valid contents insurance policy covering the Storage Address and Storage Space against accidental damage and theft.
8.3.2 You should be either,
(a) concerning a Storage Provider, the owner or mortgagee or contracting tenant of the storage space address, or
(b) concerning the Customer looking for storage space, the owner of all the goods in respect of which the Guarantee is to be invoked
8.3.3 You must have applied your best efforts to resolve the situation and compensate your losses by
(a) initially, with the other party by mutual agreement as to liability and appropriate compensation concerning the booking;
(b) where theft or illegal damage or criminal activity of any nature is suspected or alleged, by contacting the police and, following the outcome of any criminal investigation, making any claim for compensation to any insurer or other body (including without limitation government bodies or schemes) which is or becomes available for following such investigation; and
(c) by pursuing a claim or claims to any and all existing insurers (including without limitation household insurers) and pursuing them to their official conclusion.
8.3.4 You should not have accepted any payment of any amount whatsoever from any insurer or the other party or any other third party concerning the loss for which you are claiming.
8.3.5 You must not make any claims under this clause for,
(a) a second time after the original claim was rejected by the Company; or
(b) after 1 week from the date when the loss or damage has occurred.
8.3.6 You should be ready to encounter for:
(a) disclosure of concerning interactions from your insurance company with us (to the extent that you are permitted to do so under any confidentiality obligations), including without limitation correspondence regarding any claims you make against any insurance policy considering the loss or damage; claimed for; and
(b) at the Company’s discretion, to share a Data Access Request at your own expense to fraud prevention agencies or insurance information exchanges and to reveal all information sent to us except where we agree that any part of such information is not relevant.
8.3.7 The Company should not have any reason to suspect or investigate your actions of dishonesty. In order to avoid suspicion, the Guarantee will not apply, and your user status will be suspended in case the Company discovers or reasonably suspects based on information acquired from any relevant, reputable source (including without limitation the police or any government or regulatory body) :
(a) that you are intending or attempting to abuse the Guarantee;
(b) that you have been involved in any fraudulent or illegal activity related to false insurance claims or similar dishonesty; or
(c) that any loss or damage which would otherwise be covered by the Guarantee was the result of any illegal or dishonest act or omission by you.
8.3.8 You should cooperate throughout with the investigations and requests made by the Company in executing its investigations and obligations under this clause.
8.4 Monetary limits of the Guarantee: Concerning the limitations, exclusions, and terms contained in this clause 8, the Company will pay up to a maximum of 10,000 INR per claim to repair or replace (at our discretion) your property damaged or destroyed as a result of a Qualifying Loss. Replacement items will be valued at their actual cash value, that is, their current market value minus depreciation. The sentimental or abstract values of items shall not be relevant to their valuation.
8.5 Process of Soliciting the Guarantee: Failure to comply with the deadlines in this clause will make the Guarantee void. You must inform the Company through the email mentioned in the contact us page within seven days of discovering the loss or damage for which you wish to solicit or invoke the guarantee. You must cooperate in providing all evidence of your identity, address, and loss or damage incurred as we reasonably require. Where criminal damage, theft, or other criminal or illegal activity is suspected, you must have informed the police within 48 hours of discovery and before you inform us, and when you notify the Company, you must provide a crime reference number or its equivalent in your jurisdiction. We will contact you within three working days to suggest whether your claim is qualified for consideration, giving you one of three responses:
8.5.1 ‘Claim Invalid,’ which refers that your claim is not covered by the Guarantee for the reason(s) stated;
8.5.2 ‘Claim Pending,’ which refers that your claim is on hold until the steps highlighted in the response are taken and pursued to a conclusion. This will generally mean that the outcome of a claim against insurance or a criminal investigation is awaited. You are liable to maintain contact with the police and/or insurance company and/or any other agent or applicable entity to follow the process of the investigation, criminal proceedings, or claim; or
8.5.3 ‘Claim Eligible,’ meaning that we have agreed to consider your claim, and you have 10 days from receipt of our response to follow the steps in clause 8.6.
8.6 If our response to the process highlighted in clause 8.5 is that you have an Eligible Claim, you must submit a full claim within 10 days of that response. A full claim must include:
8.6.1 A statement signed by you assuring that the information in the claim is true to the best of your knowledge and belief;
8.6.2 An absolute description of the loss or damage incurred, involving dates (in case you don’t have the accuracy, estimations could also work), nature and reason thereof, and including proof of ownership, date of acquisition, physical condition, and supporting evidence such as receipts, inventories, quotes for repair work, etc. along with the claimed value of any high-value items lost or damaged;
8.6.3 In case you are the Storage Provider, evidence of your ownership or rental status with regard to the premises;
8.6.4 A statement offering complete details and dates of what, if any, action you have taken to resolve the matter, including without limitation negotiations with the other party to the booking, claims against insurance policies and police reports, and all interactions with the foregoing, involving the received responses;
8.6.5 A declaration to determine if any insurance policy or security deposit or another potential avenue of recovery is applicable. If an existing insurance policy or other mechanism exists but does not apply, the reasons must be specified. If they do apply, the evidence must be supplied that the process of claiming has been initiated, and the claim to the Company may then be put on hold until such a process is concluded.
8.7 Upon receipt of a full claim, the Company will evaluate it before making a decision as to whether to make the compensation under the Guarantee or not. Except in exclusive circumstances or those beyond its control, the Company will make a decision within 30 days of receipt of the full claim. As part of its evaluation of the full claim, the Company may do any of the following, in its sole discretion:
8.7.1 Oblige you to submit a Data Access Request at your own expense to fraud prevention agencies or insurance information exchanges and to reveal the results to us;
8.7.2 Oblige the booking parties to participate completely in independent mediation, and you hereby agree to do this in the event that a full claim is made under any booking with respect to which you are a party to the booking.
8.7.3 Acquire a valuation of any item or items claimed for from an independent expert;
8.7.4 Gain a loss assessment from an independent expert where we believe it to be essential. Such experts may include without limitation lawyers, surveyors, and valuers.
8.7.5 Necessitate you to obtain up to three quotes for repair work;
8.7.6 Make requests for additional information from different parties, including the insurance companies, the police or other authority (including local authorities), or other relevant parties (such as neighbours or witnesses to any incident out of which the claim arises). As a party to a booking, you hereby acknowledge to use your best efforts to support such investigations, including giving your permission for information to be released to us where we reasonably require this and including where the person making the full claim is the other party with respect to which you have made the booking;
8.7.7 Conduct interviews, either ourselves or via a representative, with either party or with any relevant third party, and you hereby agree to use your best efforts to enact such activity;
8.7.8 Inspect (either ourselves or using an expert to carry out the inspection on our behalf) any damaged items or any remaining Stored Items or the Storage Space or Storage Premises upon reasonable notice; and/or
8.7.9 Submit a sum under the Guarantee, or reject the request to do so, giving reasons for the decision.
8.8 Exclusions: The Guarantee does not cover or apply to:
8.8.1 Any booking concerning which the Company has not obtained a list of items signed by the party requesting such a claim in which all items are individually listed along with their estimated value;
8.8.2 Any loss or damage not reported or notified in accordance with clause 8.5;
8.8.3 Any loss or damage in addition to the limit set out in clause 8.4 arising out of one or more bookings entered into by the claimant;
8.8.4 Items Damaged in Transition: The phrase ‘damaged in transition’ involves damage excluding any limitations occurring while
(a) transferring items to and from the storage space,
(b) storing, packing, and organizing a storage space at any time during the period for which the booking is valid;
8.8.5 Damage to stored items, or to the premises by stored items, which were not packed reasonably, safely and securely, or which were stored in a way that made it reasonably foreseeable that damage to the items or the premises could occur. In terms of the instances, but not limited to, none of the following would be covered: fragile glass items in cardboard boxes with weighty boxes placed on top of them, unprotected photos stored in a damp environment, or items made of cloth packed in an unsealed bag, or liquids stored without being properly sealed, heavy items placed in areas unable to bear their weight, or items that rust due to a damp environment;
8.8.6 Damage caused due to reasonably predictable and preventable occurrences (including without limitation fire or burst water pipes) where either party failed to take reasonable measures to prevent or reduce such damage. Concerning the instances, but not limited to, failing to repair faults in the structure or fittings at the premises or failing to fit smoke alarms at the premises;
8.8.7 Damage to stored items or to the premises by a third party (including without limitation outside contractors engaged by either party, other Customers who are party to another booking with the Storage Provider, or other adults or children residing at or visiting the storage address);
8.8.8 Individual items valued at less than (although such items may constitute part of a collective claim for lower-value items);
8.8.9 Currency, money, precious metal in bullion form, notes or securities; jewellery; works of art or antiques valued at or above documents which would be expensive or difficult to replace, including without limitation passports or original versions of business contracts, deeds, and certifications or qualification;
8.8.10 Theft of or damage to any item concerning which the Customer in incapable to provide at least one of the following to the Company’s reasonable satisfaction:
(a)proof of purchase of that item;
(b) a photograph/email/video actually sent or received of the item and dated on or before the date of the booking; or
(c) any other evidence which demonstrates proof of ownership and/or value;
8.8.11 Theft or malicious or criminal damage to items
(a) that is not informed to the police within 48 hours of an innocent party becoming aware of it, and in any event within 7 days of the end of the booking period, or
(b) where efforts to compensate the value thereof (whether via criminal compensation schemes or from existing insurance policies) have been unsuccessful;
8.8.12 Any loss or damage
(a) to or caused by Prohibited Item(s) knowingly stored, or
(b) to any items or property claimed regarding any booking where Prohibited Item(s) were knowingly stored.
In order to avoid doubt, the presence of Prohibited Item(s) will automatically preclude any claim by the Customer against the Guarantee, and may preclude any such claim by the Storage Provider where the Company reasonably suspects that the Storage Provider was aware of such presence, regardless of whether the claimed loss or damage was caused by or related to the presence of such Prohibited Item(s);
8.8.13 Damage occurred by stored items to goods or personal possessions owned by the Storage Provider. The Guarantee only covers damage to the fixtures, fittings, or structure of the premises;
8.8.14 Damage caused by or attributable to ordinary wear and tear;
8.8.15 Any injury to or illness, or death of any person due to booking, or any claim based on the occupier’s liability of the Storage Provider. Such events must be claimed for and/or litigated out with the Guarantee scheme;
8.8.16 Any loss or damage caused directly or indirectly by an event of Force Majeure. These include without limitation earthquake, storm, adverse weather conditions or natural physical disasters, power failures, epidemics, labour disputes, riot or civil disorder, war, acts of terrorism, or acts of God;
8.8.17 Any loss or damage incurred resulting from any theft or misuse of personal data or identity;
8.8.18 Non-payment of any part of the Price or any other monies owed by the Customer to the Company.
8.8.19 Indirect losses of any nature, incorporating without limitation loss of profit, goodwill, or business.
8.9 Modifications and Termination of the Guarantee. The Company reserves the right to modify or terminate the Guarantee at any time and at its discretion.
8.9.1 In the event of termination, no new claims will be allowed, but any claims under the Guarantee which are already in process (that is, the email request sent) will be considered in accordance with the version of this clause 8 in effect at the time of submission of the email request.
8.9.2 Where the Company modifies the Guarantee, we will display a notification on the Site, and your continued use of the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App or services will indicate your acceptance of the modification.
9. Insurance
Each piece of baggage stored in the premises of Storage Provider is covered by insurance or by LUGBEE SERVICES PRIVATE LIMITED up to a maximum value of INR 10000 per baggage. Such insurance coverage shall refund the customer for any damages and/or losses directly attributable to LUGBEE Services Pvt. Ltd within the above-mentioned limits, as well as in the event of proven theft by third parties.
Such insurance coverage cannot be availed for precious stones, precious metals, watches, plasma screens, LCDs, satellite navigation systems, mobile phones, PCs, tablets, jewellery, money, glass, china, art objects, antiques, documents or film, tapes, discs, memory cards or any other media containing data or images. The above insurance options do not cover consequential losses, delayed deliveries, or losses arising from a breach of your obligations under these Terms and Conditions and cannot be claimed for services that do not concern storage. The above-mentioned options do not cover the breakage of handles and/or wheels.
9.1 Extent Of Our Liability/ ResponsibilityOur responsibility concerning the risks of loss or damage to your baggage during the storage period at our premises and specifically attributable to the sole responsibility of LUGBEE Services Pvt. Ltd or its partners/employees will be regulated by the Indian Penal Code and in any case cannot, in any objective and/or subjective situations, exceed the amount of INR 10000 per luggage covered by the insurance or LUGBEE SERVICES PRIVATE LIMITED.
LUGBEE Services Pvt. Ltd is not liable in case of delayed and/or uncollected luggage/items beyond opening/closing times of the storage premises or for any damages caused by the staff of the storage premises.
LUGBEE SERVICES PRIVATE LIMITED is not liable for the damages or losses arising due to any missed flights, trains, startup, loss of gain, profit, market, reputation, customers, use, avenue, even though are informed that such loss or damage might arise, nor for any loss or damage, however indirect, incidental, special or consequential damages determined, including, without limitation, cases of contract termination, negligence, wilful misconduct or default. We do not bear the responsibility if we do not fulfill any obligations towards you as a result of situations beyond our control, including but not limited: the acts of God like earthquakes, cyclones, storms, flooding, fire, diseases, fog, snow, or frost; force majeure including (but not limited to) war, accidents, acts of terrorism, strikes, embargoes, local disputes or popular uprisings; national or local disruptions; latent defects or inherent vice in the context of the stored luggage; illegal acts of third parties such as theft, robbery, and arson; acts or omissions attributable to you or to any third party whose work you will be responsible for; act or omission attributable to a public official; contents of the shipment consisting of any article that is a prohibited item by law or according to the provisions of this contract, even though we may have accepted the shipment and/or storage by mistake. We are not responsible for broken handles and/ or wheels. The sole liability attributable to us in relation to the services provided shall be governed by these general terms and conditions of storage.
9.2 ComplaintsIf you wish to make a complaint for lost or damaged luggage or for any other issues, you must comply with the provisions of the national law; otherwise, we reserve the right to refuse your complaint. Specifically, for unchecked goods when picking up your luggage, you may send your complaint in writing within eight (8) calendar days from the date of receipt of your baggage. Subsequently to your first written communication, and not beyond the limitation period provided by law or the rules applicable, you must provide documentary evidence of your complaint by sending us all relevant information relating to the loss and damage. We are not bound to act on any claim until our storage charges and fees have been paid. You do not reserve the right to make deductions from our charges and fees regarding your claims. In order to take account of a claim for damage, the contents of your luggage shall be made available to us for inspection at the time of collection. In case of acceptance by us of all or part of your claim, you guarantee that your insurance company or third parties who have an interest in the storage will waive any right, remedy, or claim to which they are entitled under subrogation or otherwise.
9.3 Applicable LawIn case any term or condition of this Agreement is declared void or unenforceable, such evaluation or declaration shall not impact the other provisions of this storage contract, which shall remain valid in full force and effect for the remainder. Exceptions made for the provisions of any applicable clause; any dispute arising out of or in connection with this storage contract will be governed by Indian law.
9.4 JurisdictionAny dispute relating to the relationship between the parties shall be subject to the exclusive jurisdiction of the Court of Bikaner.
10. Cancellations and Refunds
10.1 The Customer may cancel their reservation and get a full refund anytime before the scheduled drop-off date and time and up to 24 hours before the scheduled drop- off date and time.
10.2 The use of LUGBEE SERVICES PRIVATE LIMITED credits for making reservations concerning the subscription will enable the Customer to get the credit back in case of cancellation. No actual money shall be transferred to your account.
10.3 The Company allows the customer to cancel their reservation through the following channels only:
10.3.1 Signing in and canceling the reservation up to 1 hour before the scheduled drop- off date and time
10.3.2 Emailing info@lugbee.com; and/or
10.3.3 Initiating a chat on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App
10. 4 Any requests for cancellation and refund that do not comply with section 10.3 would not be considered.
11. Liability & Indemnification
11.1 The Company’s liability for matters concerning which liability by law cannot be excluded or limited shall not be excluded or prohibited, and the rest of these Terms and Conditions shall be subject to this provision.
11.2 The Company provides the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App and the Services on an “as is” and “as available” basis. All conditions, terms, representations, and warranties that are not expressly stated in these Terms and Conditions, whether oral or in writing or whether expressed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
11.3 The Company provides no warranties, conditions, guarantees, or representations concerning the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App or Services:
11.3.1 Considering the completeness or accuracy of any advice and information contained on or sent or received from the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App or any other Website & Mobile App to which it is linked;
11.3.2 Of any specific result or outcome of using the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App or Services, or that either will not meet your requirements; or
11.3.3 The LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App or Services, and content on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App or the server that makes it available are error-free or virus-free or free of other harmful components or that your use of the Site will be uninterrupted, timely, secure, or error-free.
11.4 All the booking arrangements are carried out entirely at your own risk and discretion. The Company and its officers, directors, investors, and employees exclude to the fullest extent allowed by applicable law all responsibility for any claims, demands, damages, losses, costs, and expenses, arising out of or in any way related with any booking, any other arrangements that Users may have made in connection with this LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App, or the User’s use of the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App.
11.5 You depend on and utilize information provided by other Users at your own discretion and risk. The Company does not control, inspect, endorse, approve or check the availability, condition, or nature of advertised storage space or the accuracy, currency, truth, or completeness of the information provided by Users of the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App, and it is your liability to perform it and take any other required precautions before arranging or carrying out a booking. You should use caution, common sense and use safe surfing measures when using the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App.
11.6 You accept to indemnify the Company from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising directly or indirectly from your violation of any of your obligations under these Terms and Conditions.
12. Information Supplied by Host (Providers)
12.1 By uploading or submitting any information or material documents to the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App, the User automatically grants the Company a royalty-free, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and showcase such material, partially or completely.
12.2 You must not upload any information, content, or material which:
Is false, inaccurate, or misleading;
Violates any law, statute, ordinance, or regulation;
Possess an offensive, menacing, abusive, defamatory, harassing, racist, sexist, homophobic, or obscene impact;
Violates any copyright, trademark, or other intellectual property rights, whether belonging to the Company or to any third party
Breaches the privacy or other personal rights of others, causing a nuisance, inconvenience, or anxiety to any person, or impersonates another person;
Contains viruses, Trojan horses, worms, time bombs, bots, spiders, crawlers, or any other pieces of code that may damage, modify, delete, interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; or
Creates liability for the Company or causes it to lose the services of its ISPs or other suppliers.
Any material/content which may hurt religious sentiments of any community or which creates hatred/enmity between the communities or which is against the national security.
12.3 Your information on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App, profile information, and/or your listings may be disabled or removed at our discretion for reasons including but not limited to, the following:
Obvious plagiarism
Feedback from other User(s) about the accuracy of the listing or doubts about the owner’s integrity
Offers to store any Prohibited Items
Empty or an unhelpful description
Unrealistic pricing
False information
Illegal or inappropriate use
Intent to avoid paying the correct fee
Any issues relating to the payment of fees
Breach of clause 11.2 mentioned above
Which hurts any religious sentiments
12.4 Without restricting any other remedies available to the Company at law, in equity or under these Terms and Conditions, the Company may, in its sole discretion, suspend or terminate your account if the LUGBEE SERVICES PRIVATE LIMITED suspects that you have engaged in fraudulent, illegal, or inappropriate activity, or a practice which breaches these Terms and Conditions, in connection with the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App and the service provided. The Company may remove and/or ban any listings listed by you if you are suspected to have used the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App or our Services either directly or indirectly to perform any illegal or criminal activity, we will not hesitate to pass on your full details and IP address to the Police. Please see our Privacy Policy.
13. Your Use of Other Users’ Information
13.1 The Company allows Users limited access to other Users’ contact information for the purpose of providing its services. You agree to not under any circumstances reveal personally identifiable information about another User to any third party without first obtaining our consent and the consent of such other User. You also accept to reply to messages as soon as practicable and ideally within 48 hours of receipt of the same.
13.2 You agree that, with respect to other Users’ personally identifiable information that you obtain through the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App or a LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App communication or such App-facilitated transaction, and unless the other User agrees otherwise in writing; you alone will only use such information:
for LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App-related communications that relate to a booking; or
Obtained during the use of our services offered at the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App, or for complaints; and
Following applicable laws and regulations, including without limitation data protection and privacy laws
13.3 The Company will not tolerate spam or unsolicited commercial communications on its site and Users shall not make unsolicited contact to the other Users of the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App except as expressly envisaged by these Terms and Conditions. Even after being reminded to deviate from this activity of posting unsolicited messages the ‘company’ will block the user from using the ‘company’s lite/app.
13.4 We possess the right to supervise messages sent via the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App for research, training, or identifying any violation of these Terms and Conditions.
14. Breach
14.1 The Company reserves the right to restrict your activity on the Website & Mobile App by immediately issuing a warning, suspension or terminating your User registration or any of the User’s listed storage spaces and reject to provide any of the Services to the User without notice to the User for any of the following reasons:
14.1.1 The User violates these Terms and Conditions;
14.1.2 If the Company is unable to verify or authenticate the User Information provided to us to our satisfaction;
14.1.3 If the Company believe that the User’s actions may cause the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App legal liability or financial loss; or
14.1.4 In case the Company, in its sole discretion, believes it is in the best interest of the Website & Mobile App and other Users.
15. Termination of Booking
15.1 When contracting as a Customer, you accept to remove all Stored Goods from the Storage Space at the Storage Provider’s property within the end date of the booking period, that is, the final date for which the Fee has been paid, or termination of the booking, as applicable.
15.2 You further accept that if you fail to collect Stored Goods, the Storage Provider shall act under clause 7.7.
16. Privacy
The LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App has a Privacy Policy, which forms part of these Terms and Conditions. You must read and agree to the Privacy Policy before using the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App.
17. Intellectual Property
17.1 The LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App and all intellectual property belonging to or related with the Company, including any trademark or trade name, logos, and software, and all content on our Website & Mobile App (including, but without limitation, text, graphics, videos, music, sound, links, and software) is and remains at all times the property of the Company and/or is used under license from its suppliers and is protected under international treaty provisions, and worldwide copyright laws and you agree that you will not infringe any such rights in any way.
17.2 Except as expressly permitted by these Terms and Conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from, or otherwise extract or re-utilize any content in any way or on any medium (including other LUGBEE Website & Mobile Apps) without our prior written consent. Nor do we grant any express or implied right to you under any of our trademarks, copyrights, or other proprietary rights.
17.3 The Company’s logo and any other image on the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App, which bears the Company’s name, are properties of the Company. They may not be used without our prior written consent.
17.4 All the information and content uploaded or otherwise sent, by any means, by you to the LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App or the Company or to other Users must not infringe any third party’s intellectual property or any other legal rights. You agree and acknowledge that you own or have permission from the owners to use any information or content you upload or send in the manner and for the purposes that you upload or send it.
17.5 When you upload or send information or other content to or via the LUGBEE SERVICES PRIVATE LIMITED Website Mobile App, you grant the Company a worldwide, royalty-free, sub-licensable, non-exclusive license to reproduce, edit, transmit and publish the information or content for these Terms and Conditions.
18. Third Party Rights
The Terms and Conditions and the documents referred under it are made for the benefit of the parties and their successors and are allowed and assigned for not intended to benefit, or be enforceable by, anyone else.
19. General
19.1 Termination: Your User account must stay active while you are taking part in a booking. Once all your active bookings have come to an end and none are going to be renewed, you will then be able to disable your User account.
19.2 Entire Agreement: These Terms and Conditions constitute the entire agreement and understanding between the parties and supersede any previous agreement or understanding between the parties with respect to all matters referred to in them.
19.3 No Agency: Nothing in these Terms and Conditions is intended to, or shall be considered to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way.
19.4 No Waiver: Any failure by either party to enforce any provision of these Terms and Conditions at any time shall not be construed as a waiver of such provision and shall not affect its right to enforce such provision.
19.5 No Assignment, Transfer, or Subcontract: These Terms and Conditions are specific to the parties, and neither party shall delegate, transfer, sub-contract or deal in any other manner with any of its rights and obligations under this contract without the prior written consent of the other party.
19.6 Governing Law and Jurisdiction: These Terms and Conditions are regulated by and construed in accordance with Indian law. The parties irrevocably agree that the Indian courts have jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms and Conditions of any documents referred to in them.
19.7 Language: Our Website & Mobile App used machine translation for all languages other than English. Because of this method of translation, these platforms may be subject to some errors in these other languages.
20. Cookies
20.1 We might also store information about you using cookies (files that are sent by us to your computer or another access device), which we can access when you visit our site in the future. We do this to track the pages you visit. The only personal details a cookie can contain are the information you supply yourself.
20.2 We deploy cookies to determine what visitors do on our LUGBEE SERVICES PRIVATE LIMITED Website & Mobile App. We are interested in the frequency of your visits for each page and further acknowledge the most popular and longest pages. We will use this information to help users to reach these pages quickly.
20. DISCLAIMER
Lugbee Services Pvt. Ltd. is not liable for any errors, omissions, or representations on any of our pages or on any links on any of their pages. We do not endorse any advertiser on our web pages in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance.Under no circumstances shall LUGBEE SERVICES PRIVATE LIMITED and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the LUGBEE SERVICES PRIVATE LIMITED website. Neither shall LUGBEE SERVICES PRIVATE LIMITED be responsible for the delay or inability to use our website or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the LUGBEE SERVICES PRIVATE LIMITED Website and Mobile App, or otherwise arising out of the use of our platforms whether based on contract, tort, negligence, strict liability or otherwise. The user understands and agrees any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk, and they will be solely responsible for any damage to their computer systems or loss of data that results from the surfing and downloading of such material and/or data.