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Terms & Conditions

1. INTRODUCTION.

1.1 We are Cache Depot Inc., a company incorporated pursuant to the provincial laws of British Columbia, Canada (“ we”, “our”, “us” or “Cache Depot”). Our office and warehouse is located at 1231 Frances Street, Vancouver, British Columbia V6A 1Z4 (“Facility”).

1.2 We operate the website www.cachedepot.ca (“Website”). 

1.3 If you are a consumer then references in these terms and conditions (the “Terms”) to “you” and “Customer” are to the individual using our Website and the Services for private and non-commercial purposes.

1.4 These Terms and Conditions (together with our Privacy Policy and Terms of Website Use) tell you information about us and the legal terms and conditions on which we provide the storage services detailed on our Website (“Services”) to you. The Terms and Conditions, Privacy Policy and Terms of Website Use are together the “Agreement”. 

1.5 Please read these Terms carefully and make sure that you understand them, before ordering any Services. Please note that by using any of our Services you agree to be bound by these Terms and the other documents expressly referred to in them. 

1.6 We amend these Terms from time to time. Every time you wish to use our Services, please check these Terms to ensure you understand the terms which will apply at that time. We have the right to update these terms any time without notice to you. These Terms were most recently updated in May 2023. 

 

1.7 In these Terms: 

1.7.1 “Customer Account” means a customer account which has been opened by you through our Website in respect of the Services.

1.7.2 "Item" shall refer to any tangible personal property that the Customer is storing or wishes to store at our Facility using our Services.

1.7.3 "Boxed Item" shall refer to any Item that is contained within a box or any other type of container or packaging.

1.7.4 "Unboxed Item" shall refer to any Item that is not contained within a box or any other type of container but may be wrapped or packaged in some manner.

1.7.5 “Pick Up Request” means a request by you to retrieve an Item from our Facility.

1.7.6 "Storage Space" shall refer to the physical space allocated by a Subscription Plan to hold an Item, as specified by the terms of such plan. 

1.7.7 “Subscription Plan” is the Service you purchase from us to allocate space to hold an Item on a monthly basis in our Facility. 

1.7.8 “Monthly Payment” is the cost of a Subscription Plan that recurs on a monthly basis.

1.7.9 “Payment Date” is the date that your Monthly Payment is taken. 

1.7.10 "Deposit" shall refer to any payment made by the Customer to secure a Subscription Plan, including but not limited to the first month's fee or any other upfront charges.

1.7.11 a reference to a “party” includes its successors or permitted assigns; 

1.7.12 a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted; 

1.7.13 any phrase introduced by the terms “including”, “include”, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and 

1.7.14 a reference to in writing or written includes emails. 

1.7.15 a “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); 

2. YOUR USE OF OUR SERVICES.

2.1 By using any aspect of our Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you must immediately cease using the Services.

2.2 Subscription Plan

2.2.1 You understand that by purchasing a Subscription Plan you are renting Storage Space at our Facility on a month-to-month basis to warehouse your Item.

2.2.2 The Item to be stored must match the specifications of the Subscription Plan under which it will be stored. The customer is responsible for ensuring that the Item meets the criteria of the chosen plan, including but not limited to size, weight, and other relevant factors.

2.2.3 In the event that the Item to be stored does not meet the specifications of the chosen plan, the Customer has three options. The first option is to change to a Subscription Plan that matches the Item specifications. The second option is to pay a monthly surcharge to store the Item under the current plan. The third is to cancel use of our Services and forfeit any Deposits made in relation to the Subscription Plan.

2.2.4 We reserve the right to add, change and remove Subscription Plans and their specifications at any time, with or without notice. Specifications include but are not limited to the Storage Space’s size, volume, Monthly Payment, fees, duration, order process and any other parameters.

2.2.5 In the event that a change is made to a Subscription Plan, we will provide at least 7 days' notice to all affected customers. If you are an affected Customer and if no action is taken by you within the 7-day notice period, it is assumed that you agree to the changes.

2.2.6 You are responsible for regularly reviewing the Subscription Plan specifications. By continuing to use the Subscription Plan after any modification, you signify your agreement to the modified specifications. If you do not agree to the modified specifications, your sole recourse is to cancel the Subscription Plan before the changes take effect. 

2.2.7 You understand that the advertised Subscription Plan’s specifications are approximate and for comparison only. 

 

2.3 Order Process

2.3.1 You will select a Subscription Plan that is appropriate for your Item via the Website. The Item must fall into the specifications of the Subscription Plan it corresponds to. 

2.3.2 This Agreement will become legally binding on you and us upon any purchase or use of our Services and each new Subscription Plan purchase shall incorporate the Terms and shall be a new and separate contract between you and us. 

2.3.3 Once you have completed the purchase, you will receive an email to schedule an appointment through our Website to drop off your Item at our Facility. You will be solely responsible for packing, transporting, and unloading the Item to and at our Facility in accordance to 2.5. 

2.3.4 We will warehouse your Item until you submit a Pick Up Request via email or cancel your Subscription Plan via the Website using your Customer Account. If you opt to cancel your Monthly Payment will not renew and your Subscription Plan ends the date you retrieve your Item. If you submit a Pick Up Request via email then your Monthly Payment will continue to renew.  

2.3.5 Following the submission of a Pick Up Request you shall receive an email to schedule an appointment via our Website to retrieve your Item. You will be granted the greater number of either 7 days from the Pick Up Request submission date or the remainder of days left until your next Subscription Plan Payment Date. For example, if the Pick Up Request is submitted May 10th and your Subscription Plan’s next Payment Date is May 12th then you will be granted 7 days from May 10th to retrieve your Items. If your Subscription Plan renews May 30th then you will be granted 20 days from the Pick Up Request date to retrieve your Items. 

2.3.6 You will arrive at the Facility to retrieve your Items at the specified Pick Up Request date and time. You may be asked to provide a government issued ID that matches the name on the Subscription Plan that the retrieved Item is under. You may authorize other persons to retrieve your Items by providing their information via email prior to the Pick Up Request date. We reserve the right to reject any person other than you from retrieving the Item.

2.3.7 You will be solely responsible for loading and transporting your Items at retrieval.

 

2.4 Appointments; Access to the Facility

2.4.1 Customers are expected to arrive promptly for their scheduled appointments. In the event that a Customer does not attend their appointment, they will forfeit any Deposit paid for the appointment.

2.4.2 Customers may cancel or reschedule their appointments up to 24 hours before the scheduled appointment time without penalty. If a Customer cancels or reschedules within 24 hours of the scheduled appointment time, they will forfeit any Deposit paid for the appointment.

2.4.3 We allow a grace period of 15 minutes for late arrivals. If a Customer arrives within the 15-minute grace period, we will do our best to accommodate the appointment. If a Customer arrives more than 15 minutes late, we reserve the right to reschedule the appointment for a later time or date and we will not be responsible for any damages or losses incurred by the Customer as a result of the rejection including but not limited to transportation costs. 

2.4.4 We operate on an appointment-only basis and do not accept walk-ins. Customers must schedule an appointment in advance in order to receive our Services.

2.4.5 Customers are permitted access only to the lobby of the Facility. Any attempt to access other areas of the Facility is strictly prohibited and will be deemed as trespassing. The Facility is equipped with security measures to ensure the safety of all individuals and Items on the premises. Any unauthorized access to restricted areas may result in legal action, including but not limited to prosecution for trespassing

 

2.5  Packing; Item Collection

2.5.1 Customers are responsible for packing their Items that they wish to store in our warehouse. Customers must ensure that their Items are properly packed and labeled to facilitate safe and efficient storage. 

2.5.2 We reserve the right to inspect any Item that is brought into our warehouse to ensure that they are properly packed and in otherwise storable condition. However, our inspection does not release Customers from their responsibility for any damages or losses resulting from improper packing.

2.5.3 If we determine that an Item is not properly packed or in an otherwise unstorable condition for any reason, we reserve the right to reject the Item for storage. In such cases, we are not responsible for any damages or costs incurred by the Customer as a result of the rejection, including but not limited to transport costs to the Facility.

2.5.4 Any Boxed Item must be in acceptable condition, sealed, and labeled. We reserve the right to refuse any Boxed Item we deem inappropriately packed, damaged, or otherwise in unstorable condition. 

2.5.5 Customers can re-pack their items at our Facility if they wish to do so. If a customer requires a box, they may purchase one from us for a fee. We make no guarantees or warranties as to the quality or suitability of the box, and the customer assumes all responsibility for any damages or losses resulting from the use of the box.

2.5.6 Unboxed Items will be taken on an as-is basis at the sole risk to the Customer. The Customer can package Unboxed Items as they see fit. For example, wrapping a lamp with bubble wrap. The Customer acknowledges that they assume all responsibility for any damages that may occur to the Unboxed item while it is warehoused in our Facility.

2.5.7 Customer acknowledges that we are not a bailee of any Items collected and stored with us, and we make no warranties or representations, express or implied, as to the safety or security of such Items. 

 

2.6 Cancellation

2.6.1 Cancellation of Services for an Item does not automatically cancel a Subscription Plan. To cancel a Subscription Plan, the customer must submit a Pick Up Request, and the associated Item must be retrieved from the Facility. Until such a request is submitted and the associated Item is retrieved, the Customer is responsible for paying all fees and charges associated with the Subscription Plan.

2.6.2 If you currently store an Item in the Storage Space you can cancel the corresponding Subscription Plan without penalty one month after initiating the Subscription Plan.

2.6.3 If you currently do not store an Item under a Subscription Plan but you have an appointment to drop off an Item, you can cancel the Subscription Plan and appointment booking up to 24 hours before the scheduled appointment for a full refund of the Deposit. If you do not cancel within 24 hours then you will forfeit the Deposit associated with the Subscription Plan. 

2.6.4 If you currently do not store an Item under a Subscription Plan and do not have an appointment booked to drop off an Item then you may cancel your Subscription Plan at any time without penalty.

3. RESTRICTIONS ON YOUR USE OF THE SERVICES. 

3.1 You must not: 

3.1.1 use the Services or our Website except as expressly permitted by this Agreement; 

3.1.2 use or interact with the Services in any unlawful or fraudulent way or for any unlawful or fraudulent purpose; 

3.1.3 disrupt, damage or interfere with the Services or our Website in any way; or

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

4. THE ITEMS.

4.1 You shall ensure that, throughout the term of this Agreement, the Items are and shall remain your property, or that you have the permission and authority of the person who owns the Items to use the Services in relation to the Items. 

 

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

 

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

 

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

a. the Items (or the packing thereof) do not conform with the requirements of this Agreement; or 

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

 

4.5 The Items must not include any of the following unless you are willing to accept all liability and agree to assume all risk of any damage for such Item:

  1. any Item with a value of over C$200

  2. antiques; 

  3. electronics and televisions

  4. fine art or fine wine; 

  5. Items containing or made of glass; 

  6. items made from fibreboard (i.e. Ikea furniture) 

 

4.6 You are strictly prohibited from storing the following Items:  

  1. any living creature, plant, or entity; 

  2. weapons, arms or ammunition; 

  3. Any item which emits fumes, smell or odour; 

  4. bullion (gold-silver), jewellery, currency, ivory, precious metals or stones; 

  5. illegal substances or items illegally obtained (including any drugs); 

  6. combustible or flammable materials, liquids or compressed gases, diesel, petrol, oil, gas, artificial Fertilizer or cleaning solvents; 

  7. chemicals, radioactive materials or biological agents, toxic waste, asbestos or other materials of a dangerous nature; 

  8. any other toxic, flammable or hazardous items;

  9. dangerous goods as defined in the Transportation of Dangerous Goods Act (Canada); or 

  10. any other items, the possession, transport or storage of which contravene in any way the laws of Canada or any other applicable regulations. 

  11. food or perishable goods

  12. any item for conducting business

 

4.7 We or any of our contractors may open any Items and their contents at any time if: 

  1. we reasonably believe that they contain or are any of the items listed in section 4.5 and 4.6

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

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

  4. we reasonably believe that inappropriate packing materials have been used to package the Items. 

 

4.8 Where Items are in breach of section 4.6: 

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

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

 

4.9 If we, in our sole discretion, determine that an Item is unsuitable for storage in our Facility for any reason, we reserve the right to reject it. In the event of such rejection, the customer will be responsible for arranging the removal of the rejected item from our Facility at their own cost. The customer agrees to indemnify and hold us harmless from any and all costs, expenses, damages, liabilities, or claims arising from or related to the rejection of the item. 

 

4.10 Car Storage Liability

 

4.10.1 Assumption of Risk

By storing your vehicle with Cache Depot, you acknowledge and accept that there are inherent risks involved, including but not limited to theft, damage, and environmental exposure. You assume full responsibility for these risks.

 

4.10.2 Release of Liability

Cache Depot, its employees, agents, and affiliates are not liable for any loss, damage, or injury that may occur to your vehicle while it is stored at our facilities. By using our car storage services, you release, waive, and discharge Cache Depot from any and all liability, claims, demands, actions, or causes of action arising out of or related to any such loss, damage, or injury.

 

4.10.3 No Insurance Provided

Cache Depot does not provide insurance coverage for stored vehicles. It is your responsibility to maintain adequate insurance coverage for your vehicle during the storage period.

 

4.10.4 Indemnification

You agree to indemnify and hold harmless Cache Depot from any claims, damages, or expenses (including attorney’s fees) arising out of your use of our car storage service, except to the extent caused by the gross negligence or willful misconduct of Cache Depot.

 

4.10.5 Condition of Vehicle

You are responsible for ensuring that your vehicle is in a proper and safe condition prior to storage. Cache Depot reserves the right to refuse storage of vehicles that do not comply with safety and environmental regulations.

5. YOUR FEES AND CHARGES.

5.1 Your Monthly Payment, plus any applicable taxes, for each month is due on the Payment Date day of each calendar month. This payment is taken automatically on a recurring basis every month until the associated Subscription Plan is fully terminated or canceled by us or you.

5.2 When you purchase a Subscription Plan the Monthly Payment is taken as a Deposit. On the date we receive your Item this Deposit is applied to your first month’s Monthly Payment and your Subscription Plan will renew the following month on the same day. For example, if you purchase a Subscription Plan on March 18th and the date we receive your Item is on March 30th, your next Monthly Payment for the Subscription Plan will be taken April 30th. April 30th will be your first Payment Date.

 

5.3 Your Monthly Payment will be automatically withdrawn from the credit or debit credit card you signed up with via the Website. 

 

5.4 We reserve the right to change available methods of payment at any time.

 

5.5 We shall not be liable for any damages, losses, or expenses arising from the acts or omissions of any third-party payment cpanies.

 

5.6 We apply your payments first to outstanding Monthly Payment (oldest to newest), then to outstanding fees and then to any other charges (oldest to newest).

 

5.7 Charges for Subscription Plans, fees and any other amounts owed are due whether or not you receive a billing statement or payment notice.

 

5.8 You will not be entitled to any refund for the first Monthly Payment. You will not be entitled to any refund or proration of the Monthly Payment for the month your Subscription Plan ends. 

 

5.9 All amounts set out herein are in Canadian dollars.

 

5.10 Your Subscription Plan Terms May Change with 30 Days' Notice.  We may change your Subscription Plan, Monthly Payment, fees and charges, and any other terms of this Agreement with 30 days' written notice to you. We may send notice to your email address or by any other method, at our sole discretion. If you do not agree with our amendments, you can terminate the Agreement without penalty by sending us a notice during the 30-day notice period via email. By continuing to use your Subscription Plan, you agree that the Agreement, as amended with all of its terms, remains in effect.

 

5.11   You agree that should your Monthly Payment for your Subscription Plan, and/or any other amounts owing, be unpaid or have an outstanding balance at 10 days past your Payment Date day of that month, a late fee may be applied to your account, and this will form part of the amount owed by you. If your payments remain in arrears after 31 days, a disposal fee will be applied to your account, and the Failure To Pay process will commence in accordance to section 6. 

 

5.12  You shall pay, in addition to any amounts owing, any applicable sales tax, goods and services tax, harmonized tax or any other tax imposed and required by all applicable laws.  

 

6. FAILURE TO PAY CHARGES.

6.1 We may from time-to-time resort to any or all rights available to us in the event you do not promptly pay all sums (including interest) owing from you to us when payable (“Debt”). We will rely on the terms of this Agreement, or any statute, as may be applicable, or as provided by the Warehouse Receipt Act (British Columbia), Warehouse Lien Act (British Columbia) or in equity. Each of these contain rights and remedies which shall be cumulative and not alternative, and our rights and remedies are not to be interpreted as excluding any other, or additional rights and remedies available to us at law or in equity.

 

6.2 If any part of your Monthly Rent, fees and/or other charges are not paid when due, we may exercise a lien over the Items for the Debt until payment of the Debt in full has been received by us (the “Lien”). The Lien will begin as soon as payment is overdue. After we exercise the Lien:

6.2.1 you shall pay us fees and charges at the same rates as under these Terms and, if the Agreement has been terminated, the relevant rate at which such fees and charges will be payable by you shall be the rate which was payable immediately prior to termination; and 

6.2.2 in default of the prompt payment of the Debt, you authorize us: 

6.2.2.1 to inspect the Items; and

6.2.2.2 deny your right to access or retrieve the Items;

6.2.2.3 to hold onto and/or ultimately dispose of some or all of the Items in accordance with section 6.5;

 

6.3 If you are in default for a period of more than 45 days, we may sell, destroy, or otherwise dispose of any Items you have stored. We shall be afforded with the general right, in accordance with the applicable legislation, to do the following: 

6.3.1 sell the Items and transfer all ownership to the Items to the purchaser of the Items in accordance with applicable legislation; 

6.3.1.1 before we sell the Items, we shall give you notice in writing via email of, among other things, the amount of the Debt at the date of the notice; 

6.3.1.2 we may use the proceeds of sale to pay the costs incurred by us in selling the Items, paying the Debt, paying other lien claimants, paying each claimant with a perfected security interest in the Items, and to hold any balance for you (with no interest accruing to you on the balance), such balance (if any) to be returned to you following the sale of the Items; 

6.3.1.3 if the proceeds of sale are insufficient to discharge all or any part of the costs of sale incurred by us and the Debt, you must pay any balance outstanding to us within seven (7) days of a written demand from us, which shall set out the balance remaining due to us after the net proceeds of sale have been credited to you. Interest will continue to accrue on the Debt until payment has been made; 

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

6.3.2 retain the items in lieu of a sale in full and final satisfaction of the Debt; 

 

6.4 If the Items cannot reasonably and economically be sold as set forth in section 6.3 above (for any reason whatsoever) or they remain unsold despite our efforts for a period exceeding that required under applicable legislation, you authorize us to treat them as abandoned by you and to either retain the Items in full and final satisfaction of the Debt.

 

6.5 You will pay our reasonable costs incurred in administering the Debt collection and sale process described in section 6.3. These costs will include (without limitation) auction costs, removal costs, cleaning costs and charges for our own time. 

 

6.6 Without limiting any of our other rights or remedies, if you fail to pay any of the charges due to us by you under this Agreement within 15 days of their due date for payment, such outstanding amounts shall incur interest at a rate equal to the Prime Rate of our bankers plus 3%, calculated from the date that payment became due up to and including the date that payment is made of both the outstanding amounts and any interest accrued thereon. 

 

6.7 You agree that none of the Items shall be exempt from levy by distress for rent in arrears as provided for pursuant to any provincial legislation and upon any claim.

 

6.8 No payment of an amount less than the total amount due shall be deemed to be satisfaction of the amounts due, and we may accept such payment without prejudice to our right to recover the balance of the total amount payable and may pursue any other remedy available to us, including enforcing our right to dispose of the Items.

 

7. LIMITATION OF OUR LIABILITY; YOUR RELEASES.

7.1 We are not responsible for and you release us from any liability, loss or damage, whether to property, Items, or injury to persons from any cause (“Loss”), including without limitation, our active or passive acts, omissions, or negligence, unless the Loss is directly caused by our intentional or reckless conduct. To the extent permitted by law, our liability for Loss from any cause will not exceed a total of $200.

 

7.2 You are responsible for, you release us from, and you agree to indemnify us against, any Loss in any way relating to this Agreement, our Services, your Storage Space, Items, or Subscription Plan or your use of the Facility, including injury to or Loss by your visitors or invitees, and any Loss that could have been insured, unless the Loss is directly caused by our intentional or reckless conduct.

 

7.3 By using our Services to any extent, you release us from any and all claims, damages, losses, liabilities, and expenses arising from or related to the warehousing of your Items. You acknowledge that we are not responsible for any damage, theft, or loss of your Items while they are in storage, and that you are solely responsible for maintaining adequate insurance coverage for its stored items. This provision shall survive the termination of any agreement between you and us. 

 

7.4 You waive any right for any insurance carrier to be reimbursed by us for any claim it pays on your behalf (waiver of subrogation). 

 

7.5 You waive any claim that you do not make within 12 months from the date it arises. You understand that the law may otherwise afford you a longer period in which to bring claims, and you are giving up that right by agreeing to this waiver. 

 

7.6 You specifically agree that we shall not be subject to any duty or liability under and are hereby expressly exempt from Occupiers Liability Act, 1996 R.S.B.C. ch. 337 or similar legislation as may be in force from time to time.

 

7.7 Even if climate controlled, the temperature and humidity levels within the Facility may not be constant at all times. We do not guarantee temperature  or  humidity  ranges  anywhere  in  the  Facility,  including the Storage Space or where your Items are stored,  and you  assume  all  risk  of  Loss  due  to  fluctuations  in temperature and humidity from any cause.

 

8. STORE AT YOUR SOLE RISK; INSURANCE. 

8.1 You store property in the Storage Space at your sole risk. You acknowledge that we are not aware of the value of the Items and we recommend that you are required to have insurance covering the property or Items you have in storage at the Facility. Insurance is your sole responsibility. If you do not insure the property you store, you bear the full risk of loss or damage We WILL NOT purchase insurance on your behalf.

 

8.2 To the extent that you do not obtain the required insurance coverage for the full value  of  your personal property stored in your Storage Space, you agree that you will personally  assume all risk of loss. We will not be responsible for, and you hereby release us from any responsibility  for , any loss, liability,  claim, expense, damage to property or injury to persons ("Loss") that would have been insured under the insurance coverage required,  including  without limitation  any  Loss arising from the active or passive acts, omission,  or negligence of us (the "Released Claims"). You waive any rights of recovery against us for the Released Claims, and you expressly agree  that  the carrier of any insurance obtained by you shall not be subjugated to any claim of you against us. 

 

9. DEFAULT, TERMINATION, AND ABANDONMENT. 

9.1 You may initiate a termination of this Agreement by either

  1. providing written notice to us via email or

  2. canceling your Subscription Plan via the Website in accordance to 2.6

 

9.2 You are in default if you fail to pay Monthly Payment or other charges when due, you fail to comply with applicable law or any provision of this Agreement, if anything you represent to us in this Agreement is or turns out to be untrue, or if we have reason to believe that you or any of your persons you have authorized engaged in criminal activity. We may terminate this Agreement if you are in default by giving 2 days' written notice to you. 

 

9.3 We may terminate this Agreement even if you are not in default, at any time. You will be required to retrieve your Items within 15 days of notice given to you by us via email.

 

9.4 Upon termination of this Agreement, you will promptly remove all your Items from the Facility unless there are unpaid charges. If within 30 days you fail to retrieve your Items they will be considered abandoned and may be sold, destroyed, or otherwise disposed of at our option, without notice to you and we shall not be liable to you for any loss or damage caused.

 

9.5 We may terminate this Agreement without notice to you if we reasonably determine that you have abandoned your Items.  

 

9.6 We may pursue any available remedy and our decision to pursue one remedy does not prevent us from pursuing other remedies.

 

10. EVENT OF FORCE MAJEURE.

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, the Services that is caused by an Event of Force Majeure. An Event of Force Majeure is defined below:

An “Event of Force Majeure” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure. 

 

10.2 If an Event of Force Majeure takes place that affects the performance of the Services: 

a) we will contact you as soon as reasonably possible to notify you; 

b) we shall not be liable to you as a result of any delay or failure to perform the Services as a result of an Event of Force Majeure

 

11.RELEASE OF YOUR CREDIT INFORMATION.

If you have an unpaid balance we reserve the right to refer your account to a collection agency and the unpaid balance may be credit-reported.

 

12. OUR PRIVACY POLICY. 

You authorize us to release any information regarding you and your use of our Services as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts. You have received and reviewed our Privacy Policy and agree with its terms available on the Website.

 

13. CHANGE OF YOUR CONTACT INFORMATION. 

If any of the contact information (address, telephone, email address, etc.) for you or your authorized contact person(s) changes, within 10 days of the change you will provide us with written notice via email signed by you specifying the new or changed information. Changes cannot be made by telephone.

 

14. NOTICES. 

Notices will be delivered electronically to your most current email address on record. Service is complete on the date and time of the email sent by us. You consent to electronic signatures. All electronic communications have the same legal effect as if made in non-electronic form.                               

 

15. OUR RULES AND REGULATIONS. 

You will always comply with our rules and regulations that are posted on our Website, which are considered part of this Agreement. We may amend or change these rules and regulations at any time, in our sole discretion, and the changes will become part of this Agreement upon posting. We reserve the right to refuse you entry to the Facility at any time and the right to remove you from the Facility if you fail to observe our rules and regulations, including, without limitation, our rules and regulations regarding health, safety and security.

 

16. NO ASSIGNMENT OR REGISTRATION.

You may not assign this Agreement. We may assign this Agreement without your consent and in such case, we will be released from all obligations arising after this Agreement is assigned. This Agreement is binding upon your and our heirs, executors, administrators, representatives and any other permitted successors and assigns. You may not register this Agreement, any notice, or other communication, in whole or in part on the title of any property.

 

17. NO WARRANTIES.

 We make NO implied or express warranties, guarantees, or representations of  the nature, condition, safety, or security of the Facility. You have inspected the Facility and agree that we do not represent or guarantee the safety or security of your Items or the Facility or of any stored property. This Agreement does not create any contractual obligation for us to increase or maintain any particular level of safety or security.

 

18. NO WAIVER. 

The waiver by either party of any breach of the other is not deemed to be a waiver of any subsequent breach of the same or of any other term, covenant, or condition of this Agreement. No term, covenant  or  condition of this Agreement  shall be deemed to have been waived by the other party unless the waiver is in writing.

 

19. LAW AND JURISDICTION. 

This Agreement shall be subject to the laws of the jurisdiction in which the Facility is situated. If any provision, or part of a provision of this Agreement shall be invalid or prohibited under such applicable law, such provision shall be ineffective without invalidating  the remainder of such provision or the remaining provisions of this Agreement.  

 

20. ENTIRE AGREEMENT; TIME. 

This Agreement and any written addenda, any notices by us, and any rules and regulations posted at the Facility are the entire agreement between you and us and supersede all prior agreements. We make no representations,  warranties,  or  agreements not fully set forth in this Agreement and have not authorized anyone else to do so. Time is of the essence in performing all obligations of this Agreement.

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