These Conditions govern access to and use of this Site.
Each person using this Site (each, a User) acknowledges and agrees that, by accessing or using this Site, or by downloading or posting any Content from or on this Site, it is indicating that it has read, and that it understands and agrees to be bound by, these Conditions, whether or not it has registered with this Site. If any User does not agree to these Conditions, then it has no right to access or use this Site. If any User accepts or agrees to these Conditions on behalf of a company or other legal entity, it represents and warrants that it has the authority to bind that company or other legal entity to these Conditions and, in that event, “User” will also refer and apply to that company or other legal entity, and its successors and assigns.
YOU SHOULD READ THESE CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND INCLUDE CERTAIN LIMITATIONS AND EXCLUSIONS.
Repono Storage UK Ltd. of 61 Swinton Street, London, WC1X 9NT, registered number 10500141, (Repono) makes available a technological marketplace for persons who have available space (Hosts) and persons who require space (Customers) to arrange online for the use of the available space for storage purposes. Repono is not an owner or lessor of any space and does not own, lease, manage or sell any space.
Repono’s responsibilities are limited to:
making this website and the services offered on it including but not limited to the act of connecting Hosts who provide Space to Customers who wish to use it (together, this Site) available; and
serving as the agent of each Host for the purposes of creating a Listing on behalf of the Host and accepting payments from Customers on behalf of the Host.
Any unauthorised or improper use of this Site or violation of these Conditions by any User may result in that User being banned from this Site and may subject that User to civil liability and/or criminal penalties.
These Conditions are divided into two parts:
Conditions that are applicable to all Users (Conditions 1 through 12); and Conditions that are applicable only to Members (Conditions 13 through 26, of which Conditions 15, 19 and 20 are applicable only to Hosts and Conditions 13, 14, 18, 20 and 26 are applicable only to Customers. The remaining Conditions, being 16, 17 and 21 through 25, are applicable to both Hosts and Customers).
You should ensure that you read all of the Conditions that are applicable to you.
CONDITIONS APPLICABLE TO ALL USERS
In these Conditions, capitalised terms have special meanings. These are set out below in alphabetical order:
Application means all mobile and web applications and other related software developed and owned by Repono; Booking means a confirmed transaction between a Host and a Customer for the Customer to store an Item in the Host’s Space; Repono means Repono Storage UK LtdLimited; Repono Customer Account means an account created by a User (who thereby becomes a Customer) through registration on this Site as described in Condition 13 (“Creation of a Repono Customer Account”) below; Repono Content means all Content that Repono makes available through this Site, including any Content licensed from a third party, but not including any Member Content; Collective Content means Member Content and Repono Content; Content means text, graphics, images, software, audio, video, information or other materials; Customer means the person wishing to store an Item and Store, Storage and Storing mean the act of temporarily using a Host’s Space in accordance with these Conditions; Fee means the fee payable by a Customer in respect of each booking made by him, which comprises two distinct elements: a fee (the Storage Fee) which is due to the Host for the use of his Space and a fee (the Service Fee) which is due to Repono in respect of the services provided by it; Guarantee means the guarantee provided by Repono to Customers; Host means the person storing an Item and Hosting means the act of storing an item, in each case in accordance with these Conditions; Item means the property of the Customer that is stored in the Space; Listing means any listing of a Host’s details on this Site that is designed to result in Space being made available by a Host to a Customer; Member means each Host which has a Listing and each person who completes Repono’s account registration process; Member Content means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through this Site and includes, in the case of each Host, his Listing and, in the case of each Customer, any review posted by that Customer; Space means the space offered for use by a Host; This Site mean the website accessible at www.Repono.com or www.Repono.co.uk and all content on those websites and includes the Application as well as any and all marketing channels where Collective Content may be disseminated in Repono’s sole discretion; and User means each person who uses this Site. Users may also, but do not have to, be Members.
1.USE OF THIS SITE
This Site can be used to facilitate the booking of Space. Spaces are included in Listings on this Site. You may view Listings as an unregistered visitor to this Site. However, if you wish to book a Space, you must first become a Member by registering to create a Repono Customer Account. This Site is intended solely for persons who are 18 or older. Any access to or use of this Site by anyone under 18 is expressly prohibited. By accessing or using this Site each User represents and warrants that he is 18 or older.
EACH USER AGREES THAT HE IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS (INCLUDING THOSE RELATING TO TAX) THAT MAY APPLY TO HIS USE OF THIS SITE.
In connection with his use of this Site, each User may not and agrees that he will not: violate any applicable law or regulation, or any court order, including, without limitation, planning and tax regulations; use manual or automated software, devices, scripts, robots or other means to access, “scrape”, “crawl” or “spider” any web pages or other services contained in this Site; use this Site for any commercial or other purposes that are not expressly permitted by these Conditions; copy, store or otherwise access any information contained on this Site for any purpose that is not expressly permitted by these Conditions; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage this Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use this Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or credit or debit card or bank account numbers, in all cases without their prior permission, provided that nothing in this paragraph shall prevent a Customer providing a review of a Host or any Member from providing feedback to Repono; use this Site in connection with the distribution of unsolicited commercial email (“spam”) or advertisements; “stalk” or harass any other user of this Site or collect or store any personally identifiable information about any other User other than for purposes of transacting as a Customer or Host; offer, as a Host, any Space that the Host does not himself own or have permission to use; register for more than one Repono Customer Account or register for a Repono Customer Account on behalf of any other individual or entity; contact a Host or a Customer for any purpose other than facilitating a booking; recruit or otherwise solicit any Host to join third party services or websites that are competitive to Repono, without Repono’s prior written approval; impersonate any person or entity, or falsify or otherwise misrepresent himself or his affiliation with any person or entity; use this Site to find a Host and then complete a booking of Space independent of this Site in order to circumvent the obligation to pay any Fees; post, upload, publish, submit or transmit any Content, including, without limitation, any review, that: (i) violates a third party’s intellectual property rights or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination of any sort or is otherwise offensive; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes any other illegal or harmful activities or substances; circumvent any technological measure implemented by Repono or any person authorised by Repono to protect this Site; in any way use this Site to send altered, deceptive or false source-identifying information; and/or attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide this Site or encourage or assist any third party to do so.
3.TERMINATION AND ACCOUNT CANCELLATION
Repono may, in its discretion and without liability to any User, with or without cause and with or without prior notice, at any time: (a) terminate these Conditions or any User’s access to this Site, (b) deactivate or cancel any Customer’s Repono Customer Account and (c) deactivate or cancel any Host’s Listing. Upon termination, Repono will promptly pay the affected User any amounts that it reasonably determines that it is legally obliged to pay the affected User. In the event that Repono terminates these Conditions, or any User’s access to this Site or deactivates or cancels any Repono Customer Account or Listing, each affected User will remain liable for all amounts due to Repono under these Conditions. Any Customer may cancel his Repono Customer Account and any Host may cancel his Listing at any time by sending an email to email@example.com. If a Repono Customer Account or Listing is deleted, Repono has no obligation to delete or return to the affected Member any Content he has posted or caused to be posted to this Site, including, but not limited to, any reviews or other feedback. The affected Member’s personal information (including name, phone number, address, email, profile picture) will be deleted permanently and cannot be recovered.
MODIFICATION OF THESE CONDITIONS
Repono reserves the right, in its sole discretion, to modify this Site (including modifying these Conditions and the Fees), at any time and without prior notice. If Repono modifies these Conditions, it will post the modification on this Site or otherwise provide Members with notice of the modification. Repono will also update the “Last Updated Date” at the top of these Conditions. By continuing to access or use this Site after Repono has posted a modification on this Site, each User agrees to be bound by the modified Conditions. If the modified Conditions are not acceptable to any User, that User’s only recourse is to cease using this Site.
ANY PERSON USING THIS SITE DOES SO AT HIS OWN RISK.
Each User agrees that Repono does not have an obligation to conduct background checks on any Member but may conduct such background checks in its sole discretion. This Site and all Content are provided on an “as is” and “as available” basis, without warranty of any kind, either express or implied. Without limiting the above, Repono disclaims any warranties of merchantability, fitness for a particular purpose or otherwise as well as any implied warranties arising out of any course of dealing or customary trade practice. Repono makes no warranty that this Site or any Content, including, but not limited to, Listings or any Space, will meet any User’s requirements or be available on an uninterrupted, secure or error- or virus-free basis. Repono makes no warranty regarding the quality of any Listings, Space or other Content or the accuracy, timeliness, completeness or reliability of any Content obtained through this Site. No advice or information, whether oral or written, obtained from Repono or through this Site or any Content, will create any warranty by Repono that is not expressly made in these Conditions. Each User is solely responsible for all of his communications and interactions with other users of this Site and with other persons with whom he communicates or interacts as a result of his use of this Site, including, but not limited to, any Hosts or Customers. Each User understands that Repono does not make any attempt to verify the Content of Users or to review or visit any Space on an ongoing basis. Repono makes no representations or warranties as to the conduct of Users or their compatibility with any current or future Users. Each User agrees to take reasonable precautions in all communications and interactions with other Users and with other persons with whom he communicates or interacts as a result of his use of this Site, including, but not limited to, Hosts and Customers, particularly if any Users decide to meet offline or in person regardless of whether such meetings are organised or sanctioned by Repono. Notwithstanding Repono’s limited appointment as the agent of the Hosts as stated in Condition 15 (“Listings”),Repono disclaims all liability, of any kind or nature, for any act or omission of any User or other third party. Each User agrees that Repono is not a party to any agreement entered into between a Host and a Customer, nor is Repono an estate agent or an insurer. Repono has no control over the conduct of Hosts, Customers and other Users, and disclaims any and all liability arising as a result of the conduct of Hosts, Customers and other Users.
6.LIMITATION OF LIABILITY
Each User agrees that, to the maximum extent permitted by law, the entire risk arising out of his access to and use of this Site, his Listing or booking of any Space through this Site, and any contact he has with other Users whether in person or online remains with him. Save as required by law, and then only to the extent required by law, Repono will not be liable for any loss (including consequential loss or loss of profit) arising out of or in connection with (i) the User’s use of or inability to use this Site and (ii) any communications, interactions or meetings with other Users or other persons with whom any User communicates or interacts as a result of his use of this Site. This is the case whether the alleged loss is based on warranty, contract, tort (including negligence), product liability or otherwise, and whether or not Repono has been informed of the possibility of the loss. By using this Site, each User (in this paragraph, the relevant User) agrees that any legal remedy or liability that he seeks to obtain for actions or omissions of other Users or third parties will be limited to a claim against the particular User or third party that caused harm to the relevant User and that the relevant User will not attempt to impose liability on, or seek any legal remedy from, Repono with respect to those actions or omissions.
Each User agrees to release, defend, indemnify and hold Repono and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) that User’s access to or use of this Site or his breach of any of these Conditions; (b) that User’s Member Content; (c) any injury occurring to any person or property as a result of the use, occupancy, travel to or from, or the entry or exit from, any Space by that User; and (d) that User’s (i) interaction with any Member, (ii) booking of a Space, (iii) Listing or (iv) the use or condition of a Space by that User, including, but not limited to, any injuries, losses or damages of any kind arising in connection with or as a result of booking or use of a Space.
8.REPONO’S OWNERSHIP OF THIS SITE
No User may copy, download, transmit, reproduce or create derivative works from any Content without Repono’s prior written consent. Repono’s logo and trade name, and any image on this Site that bears them, are trademarks of Repono and may not be used without Repono’s prior written permission.
10.GOVERNING LAW AND OTHER GENERAL PROVISIONS
These Conditions and any non-contractual obligations arising out of or in connection with them are governed by, and will be construed in accordance with, English law. The English courts have jurisdiction to settle any disputes that arise under the contract arising between Repono and each User. These Conditions constitute the entire agreement between Repono and each User and supersede any previous agreement between those parties with respect to all matters referred to in them. Save where Repono acts as an agent for Hosts under Condition 15 (“Listings”), nothing in these Conditions shall constitute a partnership or joint venture of any kind between Repono and any User or constitute either party the agent of the other for any purpose. Any failure by Repono to enforce any of these Conditions at any time shall not be construed as a waiver of that Condition. These Conditions are personal to Repono and each User. Repono may assign its rights under these Conditions to any successor to its business. Otherwise neither party shall assign or transfer any of its rights or obligations under this contract without the prior written consent of the other party.
Repono may store information about Users using cookies (files which are sent by Repono to a User’s computer), which Repono can access when the User visits this Site in future. CONDITIONS APPLICABLE ONLY TO MEMBERS
12.CREATION OF A REPONO CUSTOMER ACCOUNT
In order to book a Space on Repono, a User must register to create a Repono Customer Account and become a Member. A User may register directly through this Site, or may join through a social media login. Each Customer agrees to provide accurate, current and complete information during the registration process and to update that information to keep it accurate, current and complete. Repono reserves the right to suspend or terminate a Member’s Repono Customer Account and access to this Site if that Member creates more than one Repono Customer Account or if any information provided during the registration process or thereafter proves to be inaccurate, out of date or incomplete. Each Customer is responsible for safeguarding his password and agrees that he will not disclose his password to any third party and that he will take sole responsibility for any actions under his Repono Customer Account, whether or not he has authorised those actions. Each Customer will immediately notify Repono of any unauthorised use of his Repono Customer Account by emailing firstname.lastname@example.org.
It is each Host’s sole right and obligation to verify his Customers and each Host may refuse to provide space to a Customer, or terminate a Customer’s booking of the Host’s Space, as the case may be, upon receipt of any negative information about a Customer. Repono does not perform any background, criminal history or credit checks, and each Customer hereby releases and holds Repono harmless from any and all liability resulting from any Host’s performance or failure to perform, any background information checks on his Customers, or from any Host’s actions upon receiving background information on a Customer.
Repono creates a Listing for each Host using information provided by that Host. To this end, a Host must provide to Repono such information as Repono may reasonably request about the Space to be listed, including, but not limited to, the location and opening hours of the Space. In order to be featured in Listings on this Site, all Spaces must have a valid physical address. Listings will be made publicly available on this Site. Users will be able to book a Host’s Space through this Site based upon the information provided in the relevant Listing. Each Host agrees that he is responsible for any and all information in his Listing, including notifying Repono if his opening hours or any other relevant information changes. Accordingly, each Host represents and warrants that his Listing and the booking of, or a Customer’s use of, his Space: (i)will not breach any agreements he has entered into with any third parties; and (ii)will: (a)be in compliance with all laws and regulations (including tax laws and regulations) that may apply to his Space; and (b)not conflict with the rights of third parties. Repono assumes no responsibility for a Host’s compliance with any applicable laws and regulations. Repono will act as an agent of each Host solely for the purpose of creating a Listing on behalf of the Host and accepting payments from Customers on behalf of that Host and transmitting the payments so received to that Host. Each Member understands and agrees that Repono does not act as an insurer or, subject as stated above, as an agent for any Host. If a User requests a booking of a Host’s Space and Stores his items in that Host’s Space, the Storage agreement reached is between that Host and the User and Repono is not a party to it.
Repono may, in its sole discretion, publish a Listing on behalf of each Host and permit Customers to post, upload, publish, submit or transmit Member Content. By making available or, in the case of Hosts, causing to be made available any Member Content on or through this Site, each Member grants to Repono an irrevocable, perpetual, non-exclusive, royalty-free license to exploit such Member Content on, though, or by means of this Site. Repono does not claim any ownership rights in any such Member Content and nothing in these Conditions will be deemed to restrict any rights that a Member may have to use and exploit his Member Content. Each Customer acknowledges and agrees that he is solely responsible for all Member Content that he makes available through this Site and each Host acknowledges and agrees that he is solely responsible for the accuracy of the information provided by him to Repono which is reflected in his Listing. Accordingly, each Member represents and warrants that: (i) he either is the sole and exclusive owner of all Member Content that he makes or causes to be made available through this Site or he has the right to grant to Repono the rights in his Member Content that are granted by these Conditions; and (ii) neither the Member Content nor his posting, uploading, publication, submission or transmittal of the Member Content or Repono’s use of the Member Content on, through or by means of this Site will infringe, misappropriate or violate a third party’s moral, proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
When a booking is requested through this Site, Repono will share with the Host: (i)The first and last name of the Customer who has requested the booking according to their profile; (ii)The dates the Customer intends to book and number of Items to be stored; (iii)The specific pick-up/drop-off times, and any additional notes. Each Host acknowledges that the Fees in respect of each booking will be paid by the Customer to Repono and allocated in accordance with Condition 21 (“Fees”). Customers In connection with a requested booking, each Customer will be asked to provide customary billing information such as name, billing address and credit card information and each Customer’s credit card will be debited at the time of booking. Once payment is confirmed, a Customer’s booking transaction is complete, and the Customer will receive an e-mail confirmation summarising his confirmed booking. Each Customer hereby authorises the collection of any Fees (see “Fees” immediately below) due by Repono charging the credit card provided by him as part of his requesting the booking. Fees Repono fees for each Storage transaction are displayed in the Pricing section of this Site and may be varied at Repono’s discretion for large transactions as described in the Extra Services section of this Site. Storage fees comprise Space Fees (to which the Host is entitled as consideration for the use of his Space and which Repono collects on behalf of the Host and pays to the Host) and Service Fees (which Repono retains as consideration for the services provided by it). The Space Fees and the Service Fees are together referred to as in these Conditions as the Fees. For further information in relation to fees, see Condition 21 (“Fees”). Third party payment provider All payments by Customers to Repono and by Repono to Hosts will be processed through the Stripe online payment system.
17.CUSTOMER’S ACCESS TO SPACE
Each Listing provides the times that a Customer may access the Space. The Customer will comply with any access and security arrangements specified by the Host (including the provision of proof of identity if requested) and only the Customer which deposits an Item may collect that Item. Each Customer agrees to compensate his Host in the event of damage to the Space and/or other property of the Host caused by the Items stored or by any negligent act or omission of the Customer. Compensation will not be made for any loss in respect of which a payment is made under an insurance policy or that is caused by any act or omission of the Host.
Host’s obligations in respect of Space It is a Host’s responsibility to investigate the legality of making Space available to other people. The Host will use reasonable efforts to protect and maintain the security of the Items and ensure that they remain undisturbed. In any event, the Host will take security precautions in relation to the Items that are at least equivalent to those that the Host takes with his own property at the same premises. The Host agrees to compensate the Customer in the event of damage to or loss of the Item whilst in the Space. Compensation will not be made in respect of any loss in respect of which a payment is made under an insurance policy or the Guarantee or that is caused by any act or omission of the Customer. Each Host must ensure that his Listing does not breach or invalidate any applicable mortgage, insurance or other agreement or policy. Each Host should check the terms of any such agreement or policy before advertising his Space and mustensure that any applicable restrictions are included in his Listing. Each Host must also be legally permitted to advertise the Space on this Site. Host’s general obligations Each Host acknowledges and agrees that: (a)it is required to provide correct bank account information in order to receive payment of Storage Fees from Repono and that it will promptly notify Repono should the account information provided change; (b)it will not participate in any third party service or website that competes with Repono, without Repono’s prior written approval; (c)it will not agree a storage transaction with any person introduced to it by Repono other than through this Site; and (d)it will promptly notify Repono if any information provided by it to Repono and reflected in its Listing including, without limitation, its opening hours changes.
EACH CUSTOMER AGREES THAT IT WILL ONLY STORE ITEMS PERMITTED BY THIS CONDITION IN ANY SPACE.
The Space is to be used by each Customer only for storage of personal property. Use of the Space for any other purpose is expressly prohibited. Storage of explosives, fuel, hazardous or flammable materials, pesticides, toxic chemicals, pollutants, waste of any kind, firearms, other offensive weapons, ammunition, illegal drugs or other controlled substances, stolen goods or other contraband, perishable food items, spoiled food, living or deceased plants or animals, infested or otherwise contaminated items, damp or mouldy items, radioactive materials, items which emit fumes or other strong odours or cash and securities is expressly prohibited. Upon breach, or the Host’s reasonable suspicion of breach, of this Condition, the Customer agrees that the Host has the right to immediately terminate the booking agreement and to ask the Customer to remove the Items from the Space. When exercising that right, the Host must email email@example.com. Unless the circumstances do not permit, the Host shall provide reasonable notice and opportunity for the Customer to cure the breach or otherwise remove the Item. If the Customer does not remove the Item after reasonable notice has been given, the Item may be removed by the Host and disposed of appropriately. The Host may also contact any relevant authority to report any illegal or suspected illegal activities of the Customer or any hazardous Item stored. If the Host reasonably suspects the storage of the Item is in breach of this Condition, or constitutes an illegal activity, the Customer agrees to any relevant authority searching the Item with or without a warrant. The Customer agrees to release and indemnify the Host from and against any and all liability relating to the Host’s removal and/or disposal of stored property, or the Customer’s breach of this Condition. In addition, the Customer shall forfeit all Fees paid up to the date of termination under this Condition.
Customers pay Repono the Fee when entering into a Storage transaction. The Fee is determined, and may be varied in respect of particular transactions, by Repono and is set out on this Site. The Storage Fee and the Service Fee each comprise 50 per cent. of the Fee, and any transaction fees (such as Stripe fees and/or bank charges on transfers made) and discounts applied to bookings are applied to the Fee before the separate Storage Fee and Service Fee are determined. If a booking period is extended at any time by agreement between the Customer and the Host, the extension will be treated as a new contract for the purpose of the collection and payment of Fees. Each Customer authorises Repono, to collect the Fees in the amounts and at the times stated in these Conditions. If a Customer fails to remove his stored Item, additional fees will accrue at the rates set out on this Site. A Host should alert Repono by phone or by emailing info@Repono.store in the case of delay by a Customer in collecting his Item.
21.CANCELLATIONS AND REFUNDS
If a Customer cancels a confirmed booking made through this Site before the confirmed booking start date, then no penalties will occur, and the Customer will be eligible to receive a refund. If a Host cancels less than 24 hours prior to the confirmed booking start date, then the Host will receive a warning. Warnings may lead to the Host being banned from this Site at the sole discretion of Repono. Customers will not be eligible for a refund once their Item has been stored if they choose to collect the Item early. Customers that miss a booking but fail to cancel before the booking starts will also not be eligible for a refund.
22.DEFAULT BY CUSTOMER AND HOST’S REMEDIES
A Customer will be in default if: (a) the Customer has failed to pay any sum when due; (c) the Customer has provided incorrect information as part of his booking; (d) the Customer has failed to comply with any provision of these Conditions; or (e) the Customer has violated health, safety or criminal laws on the Host’s property, regardless of whether any arrest or conviction has occurred. If a Customer is in default, the Host shall take reasonable steps to notify the Customer of the default, will notify Repono by email to firstname.lastname@example.org and shall, unless the default cannot be cured, provide the Customer with a reasonable opportunity to cure the default. If the Customer fails to cure the default, after receiving the notice and opportunity to cure, or where the default cannot be curedthe Host may: (i) deny the Customer access to the Space or the Item until the default is cured; (ii) terminate the Customer’s booking by giving the Customer three days’ notice to vacate and, if the Customer fails to vacate and the Host takes appropriate legal action, the Customer will pay the Host’s legal fees and court costs plus £500 in compensation for the Host’s inconvenience in taking legal action; (iii) collect charges as appropriate and exercise any other remedy allowed by law; and/or (iv) request Repono to issue a written notice to the Customer (at the email or postal address supplied by the Customer) of the Host’s intention to sell the Item within 10 days. If the default is not cured in full after the 10-day period, the Customer agrees that the Host may sell the Item and set off the sale proceeds against any amount due to the Host or loss suffered by the Host as a result of the default. Any shortfall will continue to be owed by the Customer, and any excess shall be returned to the Customer. If the Host is unable to sell the Items within 60 days, the Customer agrees that the Host may dispose of the Item as the Host sees fit.
Each Member (and Hosts in particular) understands and agrees that it is solely responsible for determining its applicable tax (including but not limited to value added tax) reporting requirements in consultation with its tax advisers, if considered appropriate. Repono cannot and does not offer tax-related advice to any Member.
Repono recommends that Users check their own insurance, if they have it, because standard policies will usually cover an individual for theft, loss or damage to his personal property even when stored elsewhere. If a Customer does not have any relevant insurance, and is concerned about loss of his property, Repono recommends that the Customer purchases appropriate coverage. Repono also recommends that each Host checks his own insurance policies to verify that his policy covers damage to his property caused by third party property being stored in a commercial transaction.
Capitalised terms used in this Guarantee have the meanings set out in Condition 1 (“Definitions”) of the Repono Terms and Conditions (the Conditions).
If an Item is lost or damaged while being stored with a Host and that Host does not compensate the Customer in accordance with Condition 19 (“Host’s obligations in respect of Space”), Repono guarantees to the Customer to pay an amount not exceeding £100 in compensation for the loss of or damage to the Item.
In order to make a claim under this Guarantee you must (i) be eligible to do so and (ii) make your claim in accordance with the required procedures set out in Clause 3 below. You are eligible to make a claim if, at all relevant times from the initiation of the storage transaction concerned to payment in full of your claim, you are a Customer who is in full compliance with the Conditions and your use of this Site has not been suspended or banned. Repono’s determination as to your eligibility is final. Any failure to comply with the required procedures set out in Clause 3 will invalidate your claim and Repono’s determination as to your compliance or otherwise with those procedures is final. This Guarantee is subject to the exclusions set out in Clause 4 below.
You should carefully read all of Clause 4 before storing to ensure that you do not do anything which will invalidate the Guarantee. Repono’s determination as to whether or not an exclusion invalidates your claim is final. By using this Site, each Member acknowledges and agrees that: Repono has the right to make the determinations specified above which will be binding on each member; and this Guarantee is intended to promote the use of this Site, is a guarantee of responsibility between Members, is not an offer to insure a Customer’s property and does not constitute a contract of insurance.
Any failure by a Customer to comply with a deadline in this Clause 3 will invalidate this Guarantee.
Condition 19 (“Hosts obligations in respect of Space”) provides that Hosts will compensate Customers in the event of loss or damage to the Item whilst in the Space. Any Customer whose Item is lost or damaged should request compensation from his Host at the time of collecting (or attempting to collect) the Item (the Collection Time). The amount of compensation requested should not exceed the value of the Item specified by the Customer in the booking request. If a Customer has reason to believe that the loss of, or damage to, the Item is a result of criminal activity, the Customer must notify the police as soon as practicable. In the event that a Host refuses to pay the compensation requested, the Customer should make a request by email to the Host concerned Assume Storer’s have their Host’s email (with a copy to Repono (email@example.com)) for compensation and specifying the bank account details to which it should be paid. If such compensation is not paid within 168 hours (i.e., seven days) of the Collection Time (the Compensation Deadline), the Customer should contact Repono as provided under “Contact Repono” below.
A Customer wishing to claim under the Guarantee must contact Repono by email (firstname.lastname@example.org) as soon as possible and no later than 48 hours after the Compensation Deadline. The Customer should provide details of the lost or damaged Item, the value attributed to it, the Host concerned and any reference number provided by the police (where the loss or damage has been reported to the police). The Customer should request an acknowledgement from Repono which will normally be provided within 24 hours. This acknowledgment is not an acceptance of the claim and serves solely to identify the moment at which the claim is made.
Repono will ask any Customer making a claim under this Guarantee to complete an online questionnaire NB: you will need to create this. Among other things it must ask whether there is any relevant insurance under which a claim could be made and whether there is any reason to suspect criminal activity which should be reported to the police. to allow Repono to assess the Customer’s eligibility to make the claim and whether the claim is excluded under Clause 4 or otherwise ineligible for consideration. Repono will normally contact the Customer within 72 hours after the completed questionnaire is submitted to advise whether: the claim is not valid, in which case the reason(s) will be given; the claim is on hold and the matters which need to be resolved (for example the outcome of any criminal investigation or insurance claim) before the claim can be considered; or the claim is eligible, in which case the Customer should comply with the procedures set out under “Next Steps” below. It is the Customer’s 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. Once those proceedings are completed and, in the case of an insurance claim, if it is rejected, the Customer may resubmit his claim and, if it is determined to be eligible, the procedures set out under “Next Steps” below will apply.
A Customer with an eligible claim must submit a full claim within 30 days of being notified that he has an eligible claim. A full claim must include: the valuation attributed to the Item and, where the Item had contents, the original countersigned list of contents; a complete description of the loss or damage suffered and, where contents are involved, identification of the contents concerned; any available proof of ownership or original cost of the Item and/or contents lost or damaged; where appropriate, an estimate for the cost of repairing any damaged goods; the claimed value of any items lost or damaged (which may not be greater than £100 in aggregate); a declaration as to whether any insurance policy or other potential means of recovery exists and, if an insurance policy or other means exists but does not apply, the reasons why not; a statement giving full details and dates of what, if any, action the Customer has taken to resolve the matter, including negotiations with the Host, claims against insurance policies and police reports, and a summary of the responses received; and a declaration in the following form: “I hereby confirm that the information in this claim is true to the best of my knowledge and belief and I agree to indemnify Repono against any cost, claim, expense or other loss arising out of any incorrect statement in this claim or any omission from this claim which renders it misleading in any respect.”
Repono will evaluate the full claim and make a final decision in respect of it within 90 days, unless this is not possible due to circumstances outside Repono’s control. As part of Repono’s evaluation of the claim, Repono may (where it reasonably believes this is necessary in connection with its evaluation of the claim) request further action from the Customer and, by making its claim, the Customer agrees to use its best efforts to comply with those requests. Following the completion of its evaluation, Repono will either make a payment (not exceeding £100) under this Guarantee or will decline to make any payment and will give its reasons for declining to the Customer.
No more than one claim may be made under this Guarantee within any 12-month period.
This Guarantee will not apply where Repono reasonably suspects: (i) based on information received from any reputable source that the Customer is intending or attempting to abuse the Guarantee; (ii) that the Customer has been involved in any fraudulent or illegitimate activity related to false insurance claims or similar dishonesty; or (iii) that any loss or damage which would otherwise be covered by this Guarantee was the result of any illegal or dishonest act or omission by the Customer. In addition, this Guarantee does not cover or apply to: Items damaged by the Customer while transporting them to and from the Space; damage to Items which is due to the manner in which they were packed by the Customer; damage to the Item caused by a third party (including without limitation outside contractors engaged by the Host, other adults or children residing at or visiting the storage address); loss of or damage to any individual item valued above £50 in respect of which the Customer cannot provide proof of ownership and/or value; theft or malicious damage to the Item where the Host is not a suspect and which is not reported to the police within 48 hours of the Host or, as the case may be, the Customer first becoming aware of it; damage to the Item caused by or attributable to ordinary wear and tear; any loss or damage to the Item caused directly or indirectly by an event of force majeure, such as but not limited to earthquake, storm, adverse weather conditions or natural physical disasters, power failures, epidemics, civil disorder, war, acts of terrorism or acts of God; and indirect losses of any kind arising out of the loss of or damage to the Item, including but not limited to loss of profit, goodwill, or business.
25.5. MODIFICATIONS AND CANCELLATION OF THIS GUARANTEE.
Repono reserves the right to modify or cancel this Guarantee at any time at its discretion. In the event of cancellation, no new claims will be permitted, but any claims which have been acknowledged by Repono under Clause 3 (“Required Procedures—Contact Repono”) will be considered in accordance with the version of this Guarantee in effect at the time of acknowledgement. It Repono modifies this Guarantee, it will post the modification on this Site or otherwise provide Members with notice of the modification. Repono will also update the “Last Updated Date” at the top of this Guarantee. By continuing to enter into storage transactions after Repono has posted a modification of this Guarantee on this Site, each Customer accepts the modified Guarantee.
25.6. GOVERNING LAW
This Guarantee and any non-contractual obligations arising out of or in connection with it are governed by, and will be construed in accordance with, English law. The English courts have jurisdiction to settle any disputes that arise under this Guarantee between Repono and each Customer.