1.1 Please read these terms and conditions carefully before using www.storemates.co.uk. They form a legally binding agreement between you (“you”, “your”, the “User”, the “Storage Provider” or the “Storage Seeker”) and Storemates Ltd, whose registered company number is 07726269 (“we”, “us”, “our”, or the “Company”) which governs your use of this website (the “Website”) and our services.
1.2 By registering your details with the Website or using any services provided by the Company (“the Services”) in any way, you (“the User” or “you”) agree to be bound by the following terms and conditions (“the Terms and Conditions"), to inform the Company of all Storemates undertaken, and to pay the relevant fees. If you do not accept all the Terms and Conditions you must not use or access the Website. The Company reserves the right to amend these Terms and Conditions from time to time without notice. You will be deemed to have read and accepted these Terms and Conditions, including any changes, each time you use the Site.
1.3 The Services are provided to facilitate the exchange of Storemates between users of the Website. “Storemates” means the provision of private storage space by Users advertising such space (“Storage Providers”) to Users storing items in such space (“Storage Seekers”). The Company’s principal function is to provide advertising space and it is not a rental agent or property broker.
1.4 Our services are not available to, and may not be used by, persons under the age of 17 years or to temporarily or indefinitely suspended Users. If you do not qualify, please do not use our Services. If you are registering as a business entity, by agreeing to these Terms and Conditions you represent that you have the authority to bind that business entity to these Terms and Conditions.
Qualifying Loss - means loss or damage occurring during the period of validity of a Storemates, (i) if claimed by the Storage Provider, to the structure, fixtures and/or fittings of the premises which they own, (ii) if claimed by the Storage Seekers, to items owned by the Storage Seeker and stored at the Storage Address
Fee - means the total amount payable by the Storage Seeker for a Storemates, and includes the Price plus the Company’s commission
Guarantee - means the guarantee of compensation for loss or damage provided to Signatories by the Company whose conditions, limitations and exclusions are set out in clause 7 of these Terms and Conditions
Price - means the amount charged by the Storage Provider for use of the Storage Space
Prohibited Items - means items which may not be stored under these Terms and Conditions under any circumstances, and which are set out in clause 3.4
Provider - means the person advertising via the Website and providing a Storage Space in order for the Storage Seeker to store their items
Registration Details - means the information used to identify each unique User, comprising a User identification number, an email address and a password
Signatory - means a signatory to a Storage Agreement. A Signatory may be either a Storage Provider or a Storage Seeker
Storage Address - means the premises containing the Storage Space which are the subject of a Storemates. The Storage Address will be recorded in the Storage Agreement as a postal address.
Storage Agreement - means the standard contract for a Storemates which is supplied by the Company for signature by by a Storage Provider and a Storer. A Storage Agreement will be completed and signed by the Signatories for each Storemates. A template Storage Agreement can be found here, but the template is subject to change from time to time at the Company’s discretion
Storage Space - means the physical space at the Storage Address in which items are stored under a Storage Agreement
Stored Goods - means the goods and items to be stored under a Storemates
Storemates - means an arrangement for storage between two Users
Storer - means the person paying the Price and utilising a Storage Space to store items belonging to them or under their control
Structural Damage - means damage of any kind to the structure, fixtures and fittings of the physical premises.
Structural Damage Incident - means 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 a causative element in common. The Company reserves the absolute right in its sole discretion to determine what constitutes a Structural Damage Incident in practice, what was the cause of such Incident, and whether damage was caused by one single such Incident, or multiple Incidents.
User - Means a user of the Website and/or our services
3. Obligations of all Users
3.1 Registration with the Website requires the User to either log in via Facebook or supply your name, a unique username, an email address and a password. If you use the latter method, and if accepted, you will receive a User identification number, which together with your email address and password constitute the “Registration Details” of your User account.
3.2 It is the responsibility of the User to keep your Facebook password or Registration Details safe and confidential and not to disclose them to anybody else. You are responsible for all activity carried out using your User account, whether or not you have allowed or facilitated it. If you discover or suspect that any of your Registration Details or your User account are known by a third party or are being used without authorisation, you must tell us immediately via the email address below.
3.3 The Company provides Users with a template Storage Agreement on the Website, for the purpose of recording the logistical and other details of each Storemates. All Users undertaking a Storemates must fill in the details and, following signature by both the Storage Provider and the Storage Seeker, provide the Company with a signed copy of the completed Storage Agreement, which may be scanned and sent via email. It is a condition of the Guarantee that the Company receives a copy of the applicable Storage Agreement signed by both parties within seven days of signature, and failure to comply with this requirement will invalidate the Guarantee.
3.4 “Prohibited Items”. The following items may not be stored under a Storemates under any circumstances: Toxic, polluted or contaminated goods; firearms, munitions, weapons or explosives; 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 and securities; illegal goods; waste; or any item whose presence would invalidate any insurance policy which would otherwise cover the items or the storage space.
3.5 In the event that the other party to a Storemates makes a claim under the Storemates Protection Guarantee, you agree to cooperate promptly and fully with all reasonable requests from that party in relation to that claim. In practice, and without limitation, this may mean responding to requests for information or documents, or allowing inspection of the Storage Space or Stored Goods.
4. Additional Obligations of the Storage Provider
4.1 The Storage Provider must describe the Storage Space, along with any conditions of storage they wish to apply, on the listing page of the Website. Such description may include text, graphics, pictures and other relevant content and should include details like size, location, security, and access offered. The Storage Provider will also disclose to the Company the price (s)he wishes to charge for storage (the “Price”). All descriptions and information must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief. In the event that the Storage Space becomes unavailable for any reason, you agree to remove or suspend the listing as soon as reasonably practicable.
4.2 The Storage Provider will comply with the access and security arrangements set out in the Storage Agreement.
4.3 The Storage Provider will use reasonable efforts to protect and maintain the security of the Stored Goods and ensure that they remain undisturbed and in any case take at least equivalent security precautions in relation to the Stored Goods as the Storage Provider does with his/her own property at the same premises.
4.4 The Storage Provider agrees to offer reasonable compensation to the Storage Seeker in the event of damage to or loss of Stored Goods. Reasonable compensation will normally mean paying 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;
4.5 If terminating the Storage Agreement early for reasons other than a breach of these Terms and Conditions by the Storage Seeker, the Storage Provider will give as much notice as possible and the required two weeks’ notice period prior to removal, sale or destruction set out in clause 12 shall be extended to three weeks. The Company reserves the right to suspend the User account of any Storage Provider who in the Company’s opinion terminates a Storage Agreement early without good reason.
4.6 It is your responsibility to ensure that advertising your storage space will not breach or invalidate any applicable mortgage, insurance or other agreement or policy. You should check the terms of any such agreement or policy before advertising your storage space and include any applicable restrictions in your advertisement.
4.7 The User must be legally permitted to advertise the storage space on the Website. It is the responsibility of the User to investigate the legality of making the storage space available to other people.
5. Additional Obligations of the Storage Seeker
5.1 The Storage Seeker undertakes to pay the Fee promptly, fully and in good faith and using the online Payment Manager.
5.2 The Storage Seeker will comply with the access and security arrangements set out in the Storage Agreement, 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 Storage Seeker who will be responsible for that person’s actions;
5.3 The Storage Seeker agrees to offer 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 Storage Seeker. Reasonable compensation will normally mean paying for reasonable repairs, or replacement where the Storage Space and/or Storage Address or part thereof is damaged beyond repair.
5.4 The Storage Seeker will only use the Storage Space for the purpose of temporary storage of Stored Goods in accordance 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 anything that will interfere with the Provider’s reasonable enjoyment of the rest of the premises.
5.5 The Storage Seeker will remove the Stored Goods from the Storage Space upon request by the Storage Provider, provided that the Storage Provider gives at least six weeks’ notice in writing of such request. Following such six-week period, clause 12.2 will apply.
6.1 Registering on the Website, listing a storage space and making an offer for a space are free.
6.2 All financial transactions between the parties will be processed by a third-party electronic payment system (the “Payment Manager”) embedded in the Website. By using the Payment Manager, you also confirm that you have read and agree to the terms and conditions applying to that service, which can be found here. [If you are listing your space, click here; if you are renting space, click here]
6.3 The Company shall charge a commission equivalent to 15% of the Price set by the Storage Provider. This will be automatically added to the Price and the Storage Seeker will pay the total amount (the “Fee”) calculated by the Payment Manager. The Payment Manager will then process payment to the Storage Provider of the Price and payment to the Company of the commission.
6.4 All Users explicitly agree that all fees and charges for all Storemates must be transacted via the Payment Manager. Under no circumstances may the Storage Provider solicit or accept payment of fees or charges related to a Storemates in cash or via direct bank transfer or another means of payment. Similarly, under no circumstances may the Storage Seeker offer or attempt to pay for a Storemates other than via the Payment Manager. Any breach of this clause may result in deletion of the accounts of all Users knowingly involved in such breach 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 commission that the Company would have been due had the Storemates 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 due from the Price to be paid to the Storage Provider, and all Storers agree to reimburse Storage Provider for the Storage Seeker's share of any such deduction by the Company.
6.5 Any reduction in the advertised rate offered by the storage-owning User will not affect the commission payable, which will continue to be charged as a percentage of the original rate.
6.6 Non-Payment of Fees to Provider: In the event that the Storage Seeker fails to pay any amount due to the Storage Provider under the Storage Agreement, the Storage Seeker hereby agrees that the Storage Provider may deny him/her access to the Storage Address or Storage Space, may hold on to the Stored Goods and may move the Stored Goods at its discretion. If the amount due is not paid in full within 30 days, the Storage Provider may issue a written notice to the Storage Seeker (at the email or postal address given on the Storage Agreement) of the Storage Provider's intention to sell the Goods within 10 days. If the amount due is not paid in full after the 10-day period, the Storage Seeker agrees that the Storage Provider may sell the Stored Goods and set off the sale proceeds against the amount due. Any shortfall will continue to be owed by the Storage Seeker, and any excess shall be returned to the Storage Seeker. If the Storage Provider is unable to sell the Stored Goods within 60 days of the date upon which the outstanding amount became due, and that amount or any part of it remains outstanding, the Storage Seeker agrees that the Storage Provider may dispose of the Stored Goods as the Storage Provider sees fit.
6.7 The monthly storage price agreed between the Storage Seeker and Storage Provider will be fixed for at least the first 12 months of the Storage Agreement, unless there is a material difference in the volume of items being stored. After this period, the Storage Provider may increase the monthly storage price by up to 3%/year (the approximate inflation rate), providing they provide the Storage Seeker with 30 days written notice (via the Storemates messaging service or by email). If the Storage Provider materially increase their price, without prior written agreement from the Storage Seeker, Storemates will require them to immediately, fully reimburse the Storage Seeker. If the Storage Provider fails to comply with this refund, Storemates reserve the right to seek a County Court Judgement (CCJ) for the amount owed by the Storage Provider and to report them to the Credit Industry Fraud Avoidance System (CIFAS).
7. STOREMATES PROTECTION GUARANTEE
7.1 The Company guarantees to pay an amount in compensation for loss of damage to your property, subject to the limitations, exclusions and conditions contained in this clause 7. You should carefully read all of this clause before entering into a Storemates to ensure that you do not do anything which will invalidate the Guarantee.
7.2 YOU ACKNOWLEDGE AND AGREE THAT IN ALL CASES, THE COMPANY WILL DECIDE IN ITS SOLE DISCRETION WHETHER ANY CLAIM MADE PURSUANT TO THIS CLAUSE MEETS THE CONDITIONS IMPOSED BY THIS CLAUSE, AND WHAT EXCLUSIONS AND LIMITATIONS APPLY, AND THE COMPANY’S DECISION ON SUCH MATTERS WILL BE FINAL AND BINDING. You further acknowledge and agree that:
7.2.1 We reserve the right to withdraw the guarantee at any time before a claim is made, and following withdrawal no new claims will be considered;
7.2.2 The Guarantee is intended to promote use of our services by encouraging users to formalise their 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.
7.3 In order to be eligible for consideration for a Guarantee payment, you must be compliant with the following conditions at all material times. If, in the Company’s reasonable opinion, you are not fully compliant with each requirement in this clause, or if you cease to be so compliant at any time during the process of invoking the Guarantee (for example by receiving an insurance payment), the Guarantee will be invalid and no payment will be made to you. If you do not wish or are unable to comply with any of these conditions, you should inform us and the Guarantee will not apply to you:
7.3.1 Both Signatories of the Storemates giving rise to the claim must be private individuals, regardless of which Signatory has suffered the claimed loss or damage. For the avoidance of doubt, the Guarantee will not apply where either Signatory is a business or a non-commercial organisation or entity.
7.3.2 You must (a) have suffered loss or damage to property during the period of validity of a Storemates; (b) be 18 or over and a registered user of the Website; (c) be a Signatory to the Storemates giving rise to the claim; (d) have sent or received all payments using the Payment Manager in respect of that Storemates; (e) not have committed a material breach of any of these Terms and Conditions, and (f) if you are the Provider, be a policy holder for a valid contents insurance policy covering the Storage Address and Storage Space against accidental damage and theft.
7.3.3 You must have supplied the Company with a copy of the Storage Agreement signed by the Storage Provider and the Storage Seeker within seven days of signature. The Guarantee will only apply individually to items valued at over £80 which are itemised in the Storage Agreement, in respect of which a maximum of £250 per item will paid, subject to a collective claim limit. A maximum payment of a single sum of £200 will be made for all other items of lower value.
7.3.4 You must be either (a) in the case of Storage Provider, the owner or mortgagee or contracting tenant of the storage space address, or (b) in the case of Storage Provider, the owner of all the goods in respect of which the Guarantee is to be invoked
7.3.5 You must have used your best efforts to resolve the situation and recover your losses:
(a) initially, with the other Signatory by mutual agreement as to liability and appropriate compensation and with reference to the Storage Agreement;
(b) where theft or criminal damage is suspected or alleged, by contacting the police and, following the outcome of any criminal investigation, making any claim for compensation to any insurer or other body (including without limitation government bodies or schemes) which is or becomes available following such investigation; and
(c) by making a claim or claims to any and all existing insurers (including without limitation household insurers) and pursuing them to their official conclusion.
7.3.6 You must not have received any payment of any amount whatsoever from any insurer or the other Signatory or any other third party in respect of the loss for which you are claiming.
7.3.7 You must not have made any claims under this clause:
(a) within a period of 12 months preceding the date on which you submit your claim; or
(b) which relate to any loss or damage occurring within 12 months of the loss or damage claimed for.
7.3.8 You must be prepared:
(a) to disclose relevant communications from your insurance company to us (to the extent that you are permitted to do so under any confidentiality obligations) including without limitation correspondence regarding any claims you make against any insurance policy in respect of the loss or damage claimed for; and
(b) at the Company’s discretion, to submit a Data Access Request at your own cost to fraud prevention agencies or insurance information exchanges such as the Central Underwriting Exchange and to disclose all information received to us except where we agree that any part of such information is not relevant.
7.3.9 The Company must not have any reason to suspect you of dishonesty. For the avoidance of doubt, the Guarantee will not apply and your User status suspended where the Company discovers or reasonably suspects:
(a) based on information received from any relevant, reputable source (including without limitation the police or any government or regulatory body), that you are intending or attempting to abuse the Guarantee;
(b) that you have been involved in any fraudulent or illegitimate activity related to false insurance claims or similar dishonesty; or
(c) that any loss or damage which would otherwise be covered by the Guarantee was the result of any illegal or dishonest act or omission by you.
7.3.10 You must cooperate fully with all investigations and requests made by the Company in carrying out its investigations and obligations under this clause.
7.4 Financial limits of the Guarantee. Subject to the limitations, exclusions and conditions contained in this clause 7, the Company will pay up to a maximum of £10,000 per claim to repair or replace (at our discretion) your property damaged or destroyed as a result of a Qualifying Loss. Replacement items will be valued at their actual cash value, that is their current market value minus wear and tear. The sentimental value of items shall not be relevant to their valuation. You may claim a maximum of £250 per single item valued at or above £80, and an excess of £80 will be applied to each such item. All items valued at less than £80 will be subject to a collective claim limit of £200 maximum for all such items. Structural damage to the Storage Space or Storage Address will be subject to a limit for all damage caused of £500 per Structural Damage Incident.
7.5 Process of invoking the Guarantee. Failure to comply with the deadlines in this clause will invalidate the Guarantee. You must notify the Company using the online form provided for this purpose within seven days of discovering the loss or damage for which you wish to invoke the guarantee. You must cooperate in supplying all evidence of your identity, address, and loss or damage suffered as we reasonably require. Where criminal damage, theft or other criminal activity is suspected, you must have notified the police within 48 hours of discovery and before you notify us, and when you notify the Company you must provide a crime reference number. You will be asked to complete an online questionnaire/checklist to allow us to assess your compliance with the conditions in clause 7.3 and assess whether your claim is excluded under clause 7.8 or otherwise ineligible for consideration. We will contact you within three working days to advise whether your claim is eligible for consideration, giving you one of three responses:
7.5.1 “Claim Invalid”, meaning that your claim is not covered by the Guarantee for the reason(s) stated;
7.5.2 “Claim Pending”, meaning that your claim is on hold until the steps outlined in the response are taken and pursued to a conclusion. This will normally mean that the outcome of a claim against insurance or a criminal investigation is awaited. It is your responsibility to maintain contact with the police, Crown Prosecution Service and/or insurance company to follow the process of the investigation, criminal proceedings or claim. When you consider that the outcome is apparent, you may resubmit your claim, and the process described in clause 6.4 will be repeated; or
7.5.3 “Claim Eligible”, meaning that we are prepared to consider your claim and you have 30 days from receipt of our response to follow the steps in clause 7.6.
7.6 If our response to the process described in clause 7.5 is that you have an Eligible Claim, you must submit a full claim within 30 days of that response. A full claim must include:
7.6.1 A statement signed by you confirming that the information in the claim is true to the best of your knowledge and belief;
7.6.2 A complete description of the loss or damage suffered, including dates (which may be estimated where exact dates are impossible to confirm), nature and cause thereof, and including proof of ownership, date of acquisition, physical condition and supporting evidence such as receipts, inventories, quotes for repair work etc., plus the claimed value of any high-value items lost or damaged;
7.6.3 Where you are the Storage Provider, evidence of your ownership or tenant status with regard to the premises;
7.6.4 A statement giving full details and dates of what, if any, action you have taken to resolve the matter, including without limitation negotiations with the other Signatory, claims against insurance policies and police reports, and all communications with the foregoing, including responses received;
7.6.5 A declaration as to whether any insurance policy or security deposit or other potential avenue of recovery applies. If an existing insurance policy or other mechanism exists but does not apply, the reasons must be given. If they do apply, evidence must be supplied that the process of claiming has been initiated and the claim to the Company may then be put on hold until such process is concluded.
7.7 Upon receipt of a full claim, the Company will evaluate it before making a decision as to whether to make a payment under the Guarantee. Except in exceptional circumstances or those beyond its control, the Company will make a decision within 90 days of receipt of the full claim. As part of its evaluation of the full claim, the Company may do any of the following, in its sole discretion:
7.7.1 Require you to submit a Data Access Request at your own cost to fraud prevention agencies or insurance information exchanges such as the Central Underwriting Exchange and to disclose the results to us;
7.7.2 Require the Signatories to participate fully in independent mediation, and you hereby agree to do this in the event that a full claim is made under any Storemates in respect of which you are a Signatory of the Storage Agreement;
7.7.3 Obtain a valuation of any item or items claimed for from an independent expert;
7.7.4 Obtain a loss assessment from an independent expert where we believe it to be necessary. Such experts may include without limitation lawyers, surveyors and pest controllers.
7.7.5 Require you to obtain up to three quotes for repair work;
7.7.6 Make requests for further information from the other Signatory, 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 signatory to a Storemates, you hereby agree to use your best efforts to facilitate such investigations, including giving your permission for information to be released to us where we reasonably require this, and including where the person making the full claim is the other Signatory to a Storemates in respect of which you have signed a Storage Agreement;
7.7.7 Conduct interview(s), either ourselves or via a representative, with either Signatory or with any relevant third party, and you hereby agree to use your best efforts to facilitate such activity;
7.7.8 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
7.7.9 Pay a sum under the Guarantee, or refuse to do so, giving reasons for the decision.
7.8 Exclusions. The Guarantee does not cover or apply to:
7.8.1 Any Storemates in respect of which the Company has not received a copy of the Storage Agreement signed by both Storage Provider and Storage Seeker in which all items valued at over £80 are individually listed;
7.8.2 Any loss or damage not reported in accordance with clause 7.5 within 30 days of the end of the storage period of the relevant Storemates;
7.8.3 Any loss or damage in excess of any limit set out in clause 7.4 arising out of one or more Storemates entered into by the claimant;
7.8.4 Items damaged in transition. The phrase ‘damaged in transition’ includes without limitation damage occurring while (a) transporting items to and from the storage space, (b) storing, packing and organising a storage space at any time during the period for which the Storemates is valid;
7.8.5 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. By way of example, 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;
7.8.6 Damage caused by reasonably foreseeable and preventable occurrences (including without limitation fire or burst water pipes) where either Signatory failed to take reasonable measures to prevent or limit such damage. By way of example, failing to repair faults in the structure or fittings at the premises or failing to fit smoke alarms at the premises;
7.8.7 Damage to stored items or to the premises by a third party (including without limitation outside contractors engaged by either Signatory, other Storage Seekers who are party to other Storemates with the Storage Provider, or other adults or children residing at or visiting the storage address);
7.8.8 Single items valued at less than £80 (although such items may constitute part of a collective claim for lower-value items);
7.8.9 Currency, money, precious metal in bullion form, notes or securities; jewellery; works of art or antiques valued at or above £250; documents which would be costly or difficult to replace, including without limitation passports or original versions of business contracts, deeds, and certifications or qualification;
7.8.10 Theft of or damage to any item valued above £80 in respect of which the Storage Seeker cannot provide a Storage Agreement including an inventory listing that item and signed by both Signatories plus at least one of the following to the Company’s reasonable satisfaction: (a) proof of purchase of that item; (b) an email actually sent or received and dated on or before the date of the Storage Agreement, containing a photograph or video of the item; or (c) any other evidence which demonstrates proof of ownership and/or value;
7.8.11 Theft or malicious or criminal damage to items where the Storage Provider is not a suspect and (a) which is not reported to the police within 48 hours of an innocent Signatory becoming aware of it, and in any event within 30 days of the end of the Storemates period, or (b) where efforts to recover the value thereof (whether via criminal compensation schemes or from existing insurance policies) have been unsuccessful;
7.8.12 Any loss or damage (a) to or caused by Prohibited Item(s) knowingly stored, or (b) to any items or property claimed in respect of any Storemates where Prohibited Item(s) were knowingly stored. For the avoidance of doubt, the presence of Prohibited Item(s) will automatically preclude any claim by the Storage Seeker against the Guarantee, and may preclude any such claim by the Storage Provider where the Company reasonably suspects that the Storage Provider was aware of such presence, regardless of whether the claimed loss or damage was caused by or related to the presence of such Prohibited Item(s);
7.8.13 Damage caused by stored items to goods or chattels owned by the Storage Provider. The Guarantee only covers damage to the fixtures, fittings or structure of the premises;
7.8.14 Damage caused by or attributable to ordinary wear and tear;
7.8.15 Any injury to or illness or death of any person arising out of the Storemates, or any claim based on the occupier’s liability of the Storage Provider. Such events must be claimed for and/or litigated outwith the Guarantee scheme;
7.8.16 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;
7.8.17 Any loss or damage suffered as a result of the theft or misuse of personal data or identity;
7.8.18 Non-payment of any part of the Price or any other monies owed by the Storage Seeker to the Storage Provider. The Company may provide assistance to Storage Provider in such circumstances, but such assistance does not form part of the Guarantee scheme; or
7.8.19 Indirect losses of any kind, including without limitation loss of profit, goodwill, or business.
7.9 Modifications and Cancellation of the Guarantee. The Company reserves the right to modify or cancel the Guarantee at any time and at its discretion.
7.9.1 In the event of cancellation, no new claims will be permitted, but any claims under the Guarantee which are already in process (that is, the online form has been sent to us) will be considered in accordance with the version of this clause 7 in effect at the time of submission of the form.
7.9.2 Where the Company modifies the Guarantee, we will display a notification on the Site and your continued use of the Website or services will indicate your acceptance of the modification.
8. Liability and Indemnification
8.1 The Company's liability for matters in relation to which liability by law cannot be excluded or limited shall not be excluded or limited and the rest of these Terms and Conditions shall be subject to this proviso.
8.2 The Company provides the Website 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 imposed 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.
8.3 The Company gives no warranties, conditions, guarantees or representations in relation to the Website or Services:
8.3.1 as to the completeness or accuracy of any advice and information contained on or sent or received from the Website or any website to which it is linked;
8.3.2 of any particular result or outcome of using the Website or Services, or that either will meet your requirements; or
8.3.3 that the Website or Services, and content on the Website or the server that makes it available are error- or virus-free or free of other harmful components or that your use of the Site will be uninterrupted, timely, secure, or error-free.
8.4 All Storemates arrangements are carried out entirely at your own risk. The Company and its officers, directors, investors and employees excludes to the fullest extent permitted by applicable law all liability for any claims, demands, damages, losses, costs and expenses, arising out of or in any way connected with any Storemates, any other arrangements that User(s) may have made in connection with this Website, or the User’s use of the Website.
8.5 You rely on information provided by other Users at your own 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 Website and it is your responsibility to do this and to take any other necessary precautions before arranging or carrying out a Storemates. You should use caution, common sense, and practice safe trading when using the Website.
8.6 Subject to clause 7, you use the Storage Agreement(s) provided at your own risk. The Company does not accept liability for any loss, expense, claim or damage of any nature arising directly or indirectly out of your use of the Storage Agreement(s) that may be provided on the Website from time to time. Users are advised that such Storage Agreement(s) are to be used as a guide only and the Company offers no warranties, guarantees or representations, express or implied, as to their accuracy or appropriateness, fitness for a particular purpose, freedom from error or omission, or that they will meet the individual requirements of any User.
8.7 You agree 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 breach of any of your obligations under these Terms and Conditions.
9. Information supplied by Providers
9.1 By uploading or submitting any information or material to the Website, 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 display such material (in whole or part). The User acknowledges that the Company is not obliged to publish any material submitted by the User.
9.2 You must not upload any information, content or material which:
- Is false, inaccurate or misleading;
- breaches any law, statute, ordinance or regulation;
- is offensive, menacing, abusive, defamatory, harassing, racist, sexist, homophobic or obscene;
- breaches any copyright, trademark or other intellectual property rights, whether belonging to the Company or to any third party;
- violates the privacy or other personal rights of others, causes 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 (in whole or in part) the services of its ISPs or other suppliers.
9.3 Advertisements 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 owners 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 payment of fees
- Breach of clause 9.2 above
9.4 Without limiting 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 Company suspect that you have engaged in fraudulent, illegal or inappropriate activity, or activity which breaches these Terms and Conditions, in connection with the Website and the service provided. The Company may remove and/or ban advertisements listed by you.
10. Your Use of Other Users' Information
10.1 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 disclose personally identifiable information about another User to any third party without first obtaining our consent and the consent of such other User. You also agree to reply to messages as soon as practicable and ideally within 48 hours of receipt.
10.2 You agree that, with respect to other Users' personally identifiable information that you obtain through the Website or through a Website communication or Website-facilitated transaction, and unless the other User agrees otherwise in writing; you will only use such information:
- for Website-related communications that relate to a Storemates; or
- in the course of using services offered through the Website, or for complaints; and
- in accordance with applicable laws and regulations, including without limitation data protection and privacy laws
10.3 The Company does not tolerate spam or unsolicited commercial communications and Users shall not make unsolicited contact to the other Users of the Website except as expressly envisaged by these Terms and Conditions.
10.4 We reserve the right to monitor messages sent via the Website for the purposes of research, training or identifying any breach of these Terms and Conditions.
11.1 The Company has the right to limit your activity on the Website, immediately issue a warning, suspend or terminate your User registration or any of the User’s listed storage spaces and refuse to provide any of the Services to the User without notice to the User for any of the following reasons:
11.1.1 the User breaches these Terms and Conditions;
11.1.2 if the Company are unable to verify or authenticate the User Information provided to us to our satisfaction;
11.1.3 if the Company believe that the User’s actions may cause the Website legal liability or financial loss; or
11.1.4 if the Company in its sole discretion believes it is in the best interest of the Website and other Users.
12. Termination of Storage Agreements
12.1 Where contracting as a Storage Seeker, you agree to remove all Stored Goods from the Storage Space at the Storage Provider's property within 24 hours of the end of the Storemates period, the final date for which the Fee has been paid, or termination of the Storage Agreement, as applicable.
12.2 You further agree that in the event that you fail to remove Stored Goods in accordance with this clause, the Storage Provider shall be entitled upon giving six weeks’ notice to you, to (a) break or remove any padlock or other item securing the Stored Goods or Storage Space which has been attached or installed by you, and in doing so will incur no liability under clause 4.3 or 4.4 above, and (b) remove, destroy or sell the Stored Goods. The Storage Provider is entitled to charge you pro rata for such six-week notice period and to remove, destroy or sell Stored Goods without further notice if payment is not received by the end of the notice period.
12.3 Where contracting as a Storage Provider, you agree that if the Storage Seeker ceases to pay the Storage Fee, you will give six weeks’ notice before being entitled to take the actions described in 12.2 above. In the event that you receive notice that the Storage Seeker has died during the Storage Period, you agree to allow a further period of two weeks (being eight weeks’ notice in total) before taking any such action. You further agree that in the event of your death, your heirs and/or executors will give at least two weeks’ notice of termination to the Storage Seeker, after which clause 12.2 will apply.
14. Intellectual Property
14.1 The Website and all intellectual property belonging to or associated with the Company, including any trade mark or trade name, logos and software, and all content on the Website (including, but without limitation, text, graphics, videos, music, sound, links, and software) is and remains at all times the property of the Company and/or is used under licence from its suppliers and is protected under international treaty provisions and world-wide copyright laws and you agree that you will not infringe any such rights in any way.
14.2 Except as expressly permitted by these Terms and Conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any content in any way or on any medium (including other websites) without our prior written consent. Nor do we grant any express or implied right to you under any of our trademarks, copyrights or other proprietary rights.
14.3 The Company’s logo and any other image on the Website which bears the Company’s name are trademarks of the Company. They may not be used without our prior written consent.
14.4 All information and content uploaded or otherwise sent, by any means, by you to the Website or the Company or to other Users must not infringe any third party’s intellectual property or any other legal rights. You agree and warrant that you own or have permission from the owners to use any information or content you upload or send in the manner and for the purposes that you upload or send it.
14.5 When you upload or send information or other content to or via the Website, you grant the Company a worldwide, royalty-free, sub-licensable, non-exclusive licence to reproduce, edit, transmit and publish the information or content for the purposes of these Terms and Conditions.
15. Third Party Rights
15.1 The Terms and Conditions and the documents referred to in it are made for the benefit of the parties and their successors and permitted assigns and are not intended to benefit, or be enforceable by, anyone else.
16.1 Termination: While you are taking part in a Storemates, your User account is required to stay active. Once all your active bookings have come to an end and none are going to be renewed, you will then be able to disable your User account.
16.2 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.
16.3 No Agency: Nothing in these Terms and Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way.
16.4 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.
16.5 No Assignment, Transfer or Subcontract: These Terms and Conditions is personal to the parties and neither party shall assign, transfer, subcontract or deal in any other manner with any of its rights and obligations under this contract without the prior written consent of the other party.
16.6 Governing Law and Jurisdiction: These Terms and Conditions (together with all documents referred to in them) are governed by and construed in accordance with English law. The parties irrevocably agree that the English courts have jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms and Conditions any documents referred to in them.
17.1 We may also store information about you using cookies (files which are sent by us to your computer or other access device) which we can access when you visit our site in future.
We do this to track the pages you visit. The only personal details a cookie can contain are information you supply yourself.
Further Queries: If you have any questions or queries regarding any of the services or products featured please Contact Us