Terms of Service for Customers
Last updated: November 25, 2019
Welcome to ZipStored. ZipStored is an independent platform that connects customers (the “Customers” or “you”) that need to store goods and other related services, including handling, packaging and delivery and other related services (as modified from time to time, the “Warehousing Services”) to find a warehouse (the “Warehouse”) that is available to provide such Warehousing Services. The website at www.zipstored.com and any other websites relating to the Warehousing Services (the “Site”), and the web and mobile Warehouse applications (the “Applications”) and the various other related services, features, functions, software, applications, websites and networks (together with the Site, the Applications and the Warehousing Services, collectively the “ZipStored Services”) are provided and operated, and are being made available to you and the other Warehouses and Customers, and the other users of any of the ZipStored Services (collectively, “Users”) by ZipStored, Inc. (“ZipStored”, “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.
These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against ZipStored to binding and final arbitration. You will only be permitted to pursue claims against ZipStored on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
To access and use the Site, the Applications, the Warehousing Services and the other ZipStored Services, you must be at least 18 years of age. BY CLICKING THE “I AGREE” BUTTON, BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING THE WAREHOUSING SERVICES OR ANY OF THE OTHER ZIPSTORED SERVICES, YOU REPRESENT THAT:
- HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE, THE APPLICATIONS, THE WAREHOUSING SERVICES OR ANY OF THE OTHER ZIPSTORED SERVICES;
- YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ZIPSTORED;
- YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS; AND
- YOU ARE NOT BE A COMPETITOR OF ZIPSTORED AND DO NOT INTEND TO USE ANY OF THE ZIPSTORED SERVICES FOR REASONS THAT ARE IN COMPETITION WITH ZIPSTORED OR OTHERWISE TO REPLICATE SOME OR ALL OF THE ZIPSTORED SERVICES FOR ANY REASON.
3. Warehousing Services
3.1 TYPES OF WAREHOUSES AND WAREHOUSING SERVICES
(a) You understand and agree that the Warehouses are likely to be personal homes, garages and other personal structures. ZipStored does commercially reasonable due diligence (e.g., requiring pictures of the Warehouse space, random background checks, etc.) on Warehouses to ensure that they satisfy ZipStored’s minimum requirements and have the features (e.g., climate control, security, etc.) that the Warehouses claimed in registering to provide the Warehousing Services. However, despite our efforts, no due diligence is 100% effective and ZipStored cannot ensure or warrant that a Warehouse has actually satisfied these minimum requirements or has the features that they claimed.
(b) ZipStored offers Self-storage services for Customers (“Self-storage Customers”) that just want to have their personal items or inventory stored for a period of time.
3.2 REGISTRATION AND ACCOUNTS
To request, access and use the Storage Services, you must register and create an account. You do not need to register or create an account to search for potential Storage Spaces
To create and use an account, you must us with certain information, such as your name, address, phone number, and such other information as may be requested during the registration and account creation process.
In registering and creating an account, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted during the registration and account creation process (“Registration Data”), and (2) maintain and promptly update the Registration Data, including credit card information, to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or ZipStored has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZipStored has the right to suspend or terminate your account and prohibit you from accessing and using any Warehousing Services and/or any of the other ZipStored Services. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or to access and use any Storage Services or any of the other ZipStored Services if you have been previously removed by ZipStored, or if you have been previously banned from accessing and using any of the Storage Services or any of the other ZipStored Services.
Under no circumstance may a Customer or a Storage facility attempt to circumvent any of the ZipStored Services by independently attempting to communicate with each other or working around the ZipStored Services after contacting or communicating through any of the ZipStored Services.
3.3 STROAGE SERVICES PLANS
(a) There are different plans for the Storage Services (the “Plans”) for the Self-storage Customers
(b) We have following Plans: (i) climate controlled and (ii) non-climate controlled.
(d) The size of each storage space for 5x5 , 5x10, 10x10, 10x15 or 10x20, 20x20 depending on availability in your area. The Storage facility maybe able to accomodate larger sizes and quote a price accordingly.
(e) ZipStored does not set the prices on the Storage. The prices are set by ZipStored Storage facilities. For Spaces listed as 'Lowest Priced' , the Storage facility is offering the lowest price in a 10 mile radius of all published storage facilities. The lowest price is calculated based on a 7 day window of pricing.
3.4 ACCESSING AND USING THE STORAGE SERVICES
(a) To access and use the Storage Services, you will use the Applications (i) to see what Storage Locations that meet your requirements are available in the desired area, (ii) to select the specific Storage Locations that you prefer and (iii) to select a Plan. Once you select a Plan, your request for Storage Services will be submitted to the Storage that you selected.
(b) When you submit your request for Storage Services, you must (i) describe what you intend to store and its approximate size and (ii) provide the credit or debit card information that you intend to use to pay for the Storage Fees for the Plan that you selected. We will authorize the credit or debit card then but will not charge the credit or debit card.
(c) There are no guarantees that the Storage facility that you selected will accept your request. If your selected Storage rejects your request or does not confirm your request you can select an alternative Storage location that meets your requirements in the desired area.
(d) Once your selected Storage space has confirmed your request, you will be able to contact and communicate with the Storage through the Chat feature provided in the applications.
3.5 PICK-UP AND DELIVERY
(a) If you are a Self-storage Customer, you may choose to arrange to have your items picked-up and at the end of the storage period, delivered to your designated location. The fees for pick-up and delivery will depend on how far you are from the Warehouse and is set individually by each storage location. IF YOU CANCEL ON THE DAY OF THE PICK-UP OR DROP-OFF OR YOU ARE NOT AVAILABLE WHEN THE STORAGE PEOPLE COME TO PICK-UP OR DROP-OFF DURING THE APPLICABLE WINDOW, YOU WILL STILL BE RESPONSIBLE FOR THE PICK-UP OR DELIVERY CHARGE.
3.6 STORAGE REQUIREMENTS AND RESTRICTIONS
(a) You will need to contact your storage location to gain access to your items on the storage property. This may or may not be available to you depending the individual storage location, as some locations may choose to deliver it back to you but may not have ability to provide the access to items during the storage period. ZipStored recommends you check with the locations.
(b) Certain items may not be stored at the Warehouse (as modified from time to time, the “Prohibited Items”), including:
- Pharmaceutical drugs, controlled substances, and/or items which require a prescription
- Items that need to be stored in a freezer or refrigerator.
- Hazardous chemicals
- Alcohol, tobacco, or fire arms
- Flammable or dangerous goods or hazardous materials
- Money, cash, coins, currency, paper money, endorsed stocks, bonds and cash letters
- Live animals of any kind
- Fragile or very expensive or rare items
- Human corpses and/or cremated remains
- Used hypodermic needles and syringes or medical waste
- Items that would require a Warehouse to obtain a federal state or local license for transportation
- Items that may cause damage or delay to equipment, personnel, or other packages
- Gaming devices (such as lottery tickets) where prohibited by federal, state or local laws
- Items whose carriage is prohibited by law, statute or regulation of the state in which the items may travel
- Stolen goods
- Any items that you do not have the right, standing or permissions to store or ship
ZipStored may modify the Prohibited Items in its sole discretion and any such modifications shall be effective thirty (30) days after posting them on the ZipStored Services. ZipStored will also use reasonable efforts to notify you of any such change. ZipStored may provide notice through a pop-up or banner within any of the ZipStored Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. The current list of all Prohibited Items may be found at www.zipstored/prohibiteditems/.
(c) The Warehouse shall have the right to reject any items that (i) are prohibited or do not meet the requirements under these Terms or (ii) the Warehouse believes (A) could potentially cause damage to personnel or other stored items, (B) the storage, pick-up or delivery of which may be in violation of local, state or federal laws or (C) the acceptance of which may jeopardize the Warehouse’s ability to provide any Warehousing Services to another Customer.
3.7 ABANDONED ITEMS
Any items that are still being stored after the applicable storage period will be considered abandoned. The Warehouse and/or ZipStored will use commercially reasonable efforts to contact you to make the necessary delivery arrangements or to see what you want to do with the stored items. YOU WILL BE REQUIRED TO CONTINUE PAYING THE APPLICABLE STORAGE FEES WHILE YOUR ITEMS ARE STILL BEING STORED AT THE STORAGE LOCATION. IF THE STORAGE LOCATION HAS NOT BE ABLE TO REACH YOU OR AN ALTERNATIVE DELIVERY ARRANGEMENT HAS NOT BEEN MADE AFTER NINETY (90) DAYS, THEN YOU ACKNOWLEDGE AND AGREE THAT ZIPSTORED OR THE STORAGE LOCATION MAY ASSUME OWNERSHIP OR DISPOSE OF THE ABANDONED ITEMS IN ITS SOLE DISCRETION. YOU ARE RESPONSIBLE FOR ANY FEES FOR THE DISPOSAL OF ANY ABANDONED ITEMS.
3.8 DAMAGED OR LOST ITEMS
You and acknowledge and agree that ZipStored shall not responsible for any damage to your items or any lost items.
A Customer may cancel any Storage Services prior to the commencement of the applicable Storage Services without charge; provided that Customer shall be responsible for any Storage Fees (as defined below) for any such Storage Services that were provided (fully or partially) before the effective date of cancelation of such Storage Services.
ZIPSTORED DOES NOT PROVIDE STORAGE SERVICES. WE ARE NOT A STORAGE OR THE MERCHANT OF RECORD OF THE STORAGE SERVICES. ZIPSTORED OFFERS INFORMATION AND A PLATFORM TO FACILITATE ARRANGEMENT OF THE STORAGE SERVICES, BUT DOES NOT, AND DOES NOT INTEND TO, PROVIDE STORAGE SERVICES OR ACT IN ANY WAY AS A BROKER FOR STORAGE SERVICES. IT IS UP TO CUSTOMERS AND THE STORAGE FACILITIES TO REQUEST AND PROVIDE THE STORAGE SERVICES THAT MAY BE SCHEDULED THROUGH THE USE OF THE APPLICATIONS AND THE OTHER ZIPSTORED SERVICES. ZIPSTORED DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR COVENANT REGARDING THE ACCURACY OF ANY LISTING OR RELATED STORAGE INFORMATION.
4. Fees, Payments and Refunds
4.1 STORAGE FEES
(a) There are no fees to register and create an account to access and use the Warehousing Services and the other ZipStored Services.
(b) The fees for the different Plans for the StorageServices can be found next to each storage location and storage type. Each Storage location sets their own fees.
4.2 PAYMENT AND TAXES
(a) Payments. Unless otherwise agreed by ZipStored, all Storage Fees shall be paid in advance by credit or debit card when your request for Warehousing Services has been accepted by a Warehouse. You authorize (i) ZipStored to keep your credit or debit card number on file for additional fees (e.g., pick-up or delivery fees) or unpaid charges and (ii) to charge your credit or debit card for any such fees or charges.
(b) Payment Processing. Unless otherwise agreed by ZipStored, all Storage Fees and other payments made in connection with your Plan shall be made through a third-party payment processor directed by ZipStored (e.g., Stripe, etc.) (any such third-party payment processor, the “Payment Processor”). Payment processing services for Warehouse and Customers are currently provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (as modified from time to time, collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to access or use any of the Storage Services, you agree to be bound by the Stripe Services Agreement. As a condition of ZipStored’s enabling payment processing services through a Payment Processor, you agree to provide ZipStored accurate and complete information about you, your business, your credit or debit card or bank account and such other information required by the Payment Processor, and you authorize ZipStored to share it and any relevant transaction information related to your use of the payment processing services provided by the Payment Processor.
(c) Future Services. In paying any of the Storage Fees, you acknowledge and agree that you are not relying on future availability of any Storage Services.
4.3 CHANGES IN FEES AND PAYMENT METHODS
ZipStored and its Storage Locations reserve the right at any time to change the Storage, Pickup and Delivery Fees and any of its other fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting on the Site or by notifying you by email.
THE STORAGE FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS OTHERWISE REQUIRED BY LAW OR AGREED TO BY ZIPSTORED IN ITS SOLE DISCRETION.
5. License Grant; Unauthorized Use.
5.1 LICENSE GRANT
Subject to your compliance with all the terms and conditions set out in these Terms, ZipStored hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to (a) to install and use the Applications on your computers and mobile and other devices and (b) to access and use the Site, the Storage Services and the other ZipStored Services to the extent of and in accordance with these Terms
Our web-based Application is automatically updated by ZipStored. You will be notified of updates to our mobile-based Application from the app store from which you downloaded our mobile Application (the “App Store”). You may be able to adjust your device’s settings or take other actions that would allow automatic updates from your applicable App Store.
5.2 PREVENTION OF UNAUTHORIZED USE
ZipStored reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized access or use of any of the Warehousing Services or the circumvention of the other ZipStored Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.