Terms of Service

This page states the Terms and Conditions under which you (User) may access the services provided by Stownest Technologies Pvt Ltd (Service Provider) us under this website www.kloak.in.Please read this page carefully. If you do not accept the Terms and Conditions stated herein, we request you to exit the Website, as acceptance of these Terms is a precondition for accessing the Website and our Service. Kloak, any of its business divisions and/or its subsidiaries, associate companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this post. You should visit this page periodically to re-appraise yourself of the Terms and Conditions because they are binding on all Visitors of this Website. In using www.kloak.com service, you are deemed to have accepted the Terms and Conditions listed below or as may be revised from time to time, and you understand and agree that you are bound by such terms till the time you access the website.These terms and conditions ("Terms"), together with our Privacy Policy and Terms of Website Use, provide you information about us and the legal terms and conditions on which we: (i) provide Luggage  Locker Services ("Storage Services") (ii) Logistics Services ("Logistics Services") to you. The Terms, Privacy Policy and Terms of Website Use are together the "Agreement".Please read these Terms carefully and make sure that you understand them, before ordering any Services or purchasing any Packing Materials. Please note that by ordering any of our Services or Packing Materials, you agree to be bound by these Terms and the other documents expressly referred to in them. 


ELIGIBILITY FOR USE OF WEBSITE

In order to access and use the Service, please ensure that you are eligible to use the Service under the applicable laws of India. In case of a corporation, trust, association of persons or a firm, you must be authorized to agree to the TERMS OF USE and to access, use and avail of the Service. If you do not qualify, you shall not access or use the Service. Use of Klaok’s Service is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use www.kloak.in only with the involvement of a parent or guardian.If you are not a Resident Indian, you may access, use and avail of the Service only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the Service is based on the understanding and agreement that by accessing and using the Service, you are not violating the local laws in India and/or your country. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard.  


The following definitions apply to these Terms and Conditions and any or all Agreements: 

1. Luggage Locker ("Locker")

The User has requested that the Service Provider store certain items lawfully owned by the user. The user agrees that they have selected a Locker that is correctly sized to the amount of items requested. In the event that such requested items require additional space, the Service Provider shall be permitted to increase the User’s Locker size or the number of units to a size appropriate for the items being stored.


2. Term

The term of this Agreement shall begin on the date on which the User has signed up for a Locker and continue for the duration of the User storing belongings with the Service Provider which shall renew automatically on a day-to-day basis for each following billing cycle, unless, at least 1 day before the next billing day, written notice is given by either party to the other of its intention to terminate.


3. Rent

Locker rental and related fees are due upon locker reservation and shall be paid in full by the User. Cumulative fees for the duration of locker used shall be paid by the User before terminating the locker rental contract. Upon locker rental contract termination, if such termination reflects any pre-paid deposit, the deposit will be adjusted against locker usage rental and refunded accordingly.

The User agrees to pay locker rental and related fees using online payments like UPI,Credit, Debit Card or bank transfer, before closing the locker contract. Any non-payment is delinquent. The Service Provider reserves the right to refuse payment by check or cash. All payments shall first be applied to outstanding charges or fees before being applied to the outstanding locker rent.


4. Use

The Service Provider is not engaged in the business of storing goods for hire and no bailment is created under this Agreement. The User agrees to store only for the storage of belongings wholly owned by the User. The User shall not store food or any perishable items. User agrees not to store collectibles, heirlooms, jewelry, cash, works of art, or any property having special or sentimental value to User. The User waives any claim for emotional or sentimental attachment to the stored property.

The User shall not store any personal property that would result in the violation of any law or regulation of any governmental authority, including without limitation all laws andregulations relating to Hazardous Materials, waste disposal and other environmental matters
The User shall not use the locker in any manner that will constitute waste, nuisance, or unreasonable annoyance to other Users of the Locker and Premises.
The Service Provider reserves the right, without prior written notice to the User, to temporarily deny User access to the Locker without reduction of rent for any reason including, without limitation, pandemic situation, lockdown, unsafe weather conditions as determined by the Service Provider in its sole discretion.


5. Prohibited

The User is strictly prohibited from storing items classified as hazardous or toxic under any law, ordinance or regulation or from engaging in any activity that produces such materials. Without limitation, hazardous or toxic materials shall include ethanol, gasoline, motor spirit mixtures, motor oil, paint thinning or reducing compounds, or combustible materials.


6. Limitation of Liability

Service Provider shall not be liable for any loss or destruction of or damage to Goods, however caused, unless such loss, damage or destruction resulted from Service Provider’s failure to exercise such care in regard to Goods as a reasonably careful person would exercise under like circumstances. Service Provider is not liable for damages that could not have been avoided by the exercise of such care. 
The Service Provider is released from any liability relating to damage or loss of property at any time including, without limitation, while moving the user's belongings during an unforeseen event.
The Service Provider is not responsible for any fragile articles injured or broken. The Service Provider will not be responsible for mechanical or electrical functioning of any article such as but not limited to musical electronics, mobile, speakers, cameras, radios, phonographs, clocks, barometers, or other instruments or appliances. The Service Provider has not inspected the working condition of the User’s electronic items prior to storing such items with the Service Provider nor can it be responsible for any damage occurring to such items.


7. Arbitration

If a dispute arises between the User and the Service Provider concerning the Service Provider’s services or lost or damaged Goods or any other matters relating to, or arising under, these Terms & Conditions, the User agrees to participate in binding arbitration in front of a single mutually acceptable arbitrator. The User agreed to participate in the binding arbitration in good faith and agreed to be bound by the arbitrator’s award. As a condition precedent to initiating arbitration, making any claim and/or filing any suit, the User shall provide the Service Provider with a reasonable opportunity to inspect the Goods which are the basis of the User claim. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted.
The fees and expenses of the arbitrator and any and all costs associated with the arbitration shall be shared equally by the User and the Service Provider.


8. Governing Law

The laws of India govern these terms and conditions and the courts of Bangalore shall have exclusive jurisdiction. Furthermore, both parties agree to seek mediation prior to any legal proceedings taking place.


9. Entire Agreement

This Lease contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Lease. This Lease supersedes any prior written or oral agreements between the parties.


10. Severability

If any provision of this Lease will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.


11. Waiver of Contractual Rights

The failure of either party to enforce any provision of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.


NOTICE: If you fail to make your required payments beyond a day, you will have tovacate the locker unit or your property may later be sold at a public sale. Before thesale, you will be notified by electronic mail of the amount due. The Service Provider reserves the right to use email to send notices to the User and the User agrees to receive such notices by email. In order to preserve your right to be notified, it is important that you notify us in writing of any change in your email address. Also, you should supply us with the name and email address of another person who can reach you and we will notify that person in the same manner as we notify you.