TERMS OF SERVICES

Welcome to StoRegister, a Self Storage Management Software ("StoRegister"). StoRegister is owned and operated by Pavilion Tree Solutions Private Limited and its subsidiaries (collectively, the "Company", "StoRegister", "we", "us" and "our").

This StoRegister Terms of Service Agreement ("Agreement") is entered between StoRegister, a product of Pavilion Tree Solutions Private Limited ("StoRegister") and a company or legal entity or person representing the company or an individual who subscribe or access any services ("You" or "Customer"), each party collectively referred as Parties. Any individual accessing or using the services on behalf of the company referred as "You" is authorised to accept this Agreement on behalf of the company.

Please read carefully the following Terms of Service (the "Terms"). By using, accessing, or signing up to StoRegister, by any of the means acceptable to StoRegister, including through the execution of a binding agreement (all will be referred herein as the "StoRegister Agreement"), the customer ("Customer") agrees to be bound by these Terms. StoRegister Agreement is incorporated into these Terms.

  1. DEFINITION:

    • "Application" means any object code version of StoRegister Application which the customer is authorised to access by this Agreement.

    • "Services" means additional service like Website Development, Digital Marketing Service offered by StoRegister that are made available for a purchase on recurring or non-recurring basis is listed under Services section.

    • "Other Services" refers to any services opted by you at a cost (recurring or non-recurring) such as application customization, white labelling, data migration, set up fees, integration charges, Open APIs, etc.

    • "Subscription Fee" means recurring fee that you pay for accessing the application.

    • "Subscription Services" includes web application that you have subscribed, and other services includes website development, digital marketing which we offer.

    • "Subscription Term" means the initial duration of your subscription and each subsequent renewal.

    • "Users" means you or your employees, representatives, contractors, accountants or any authorized user with unique username and Password.

    • Any service/feature/application offered on the website are subject the Terms of Services. StoRegister reserves the right to update or modify or change any specific part in the Terms of Services.

  2. TERMS OF SERVICE:

    1. During the term of this Agreement, StoRegister grants you a limited, nonexclusive, non-transferable, and non-sublicensable right to access the application and its associated service to self-storage operators/owners for their business management and offer online services to the customer's tenants or end customer.

    2. You acknowledge the agreement is for the use of the application.

    3. Our Training Services includes Online Live Demo Sessions and Support Articles for the Users at no extra cost.

    4. As a part of this Agreement, StoRegister 24/7 support via Chat, Email and Phone call to its customers where the ETA for resolution is between 1 to 7 working days based on the issue at no additional cost.

    5. StoRegister may from time to time release any new feature or any new service which will be made available for the customer to access from their user account. Such feature or service may be available at a cost which customer can opt in any time after the release.

    6. You may be entitled to downgrade StoRegister and its add-on services anytime during the term of this Agreement however, StoRegister shall not refund the prepaid subscription fee unless or otherwise explicitly mentioned in the agreement.

  3. FEES AND PAYMENT TERMS:

    1. Subscription Fee: StoRegister shall invoice the subscription fee based on number of spaces managed and other Services as agreed between the parties. Customer is required to make the initial payment which includes set up fee, data migration fee and integration fee if any, along with first year subscription fee before kickstarting the Account Setup process.

    2. Change of Fees: We reserve the right to increase the subscription fee up to 10% and other services charges every year. If we do so, we will be intimating Customers via notice of such changes, but we will not radically change these matters in a way that adversely affect the Customer, without obtaining his or her consent.

    3. Currency: StoRegister charges all the fees and charges in Sterling Pounds (GBP), but we reserve the right to offer that fee be charged in any other currencies based on Customer's choice, then Customer may be subject to additional exchange fees or commissions collected by the Customer's payment method provider.

    4. Currency Exchange: Exchange rates determined by a reputable third-party provider and converted with the exchange rate applicable at the time the given reservation is made and is rounded up. The Customer will have no plea, claim, or demand with respect to the exchange rate used or currency conversion performed.

    5. Taxes: Sales tax and other taxes may apply to the fees may be added to the invoice along with amount due. Upon receipt of payment, we will issue online receipts to Customers for the applicable fees we charge.

    6. Payment Mode: The Customer must pay the applicable fees using one of the payment methods we support, such as a direct bank transfer or credit card.

    7. Refund: Customer is not entitled for refund on the prepaid subscription fee and other associated charges as part of the agreement.

  4. RIGHTS AND RESTRICTIONS:

    1. Authorized Users: You are entitled to create any number of Users who you authorize to access your account however, you are responsible for compliance with this Agreement for all the authorized users created by you.

    2. Assistance: Customer shall provide commercially reasonable information and assistance to StoRegister to enable us to deliver the Services. Upon request from StoRegister, you shall promptly deliver Customer Content to StoRegister in an electronic file format specified and accessible by StoRegister. Customer acknowledges that StoRegister's ability to deliver the Services in the manner provided in this Agreement may depend upon the accuracy and timeliness of such information and assistance.

    3. Compliance with Laws: Customer shall comply with all applicable local, state, national and foreign laws in connection with its use of the Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data. Customer acknowledges that StoRegister exercises no control over the content of the information transmitted by Customer or its employees through the Services. Customer shall not upload, post, reproduce or distribute any information, software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights.

    4. Unauthorized Use and False Information:

      Customer shall:

      • notify StoRegister immediately of any unauthorized use of any password or user id or any other known or suspected breach of security

      • report to StoRegister immediately and use reasonable efforts to stop any unauthorized use of the Services that is known or suspected by you or any your employees

      • not provide false identity information to gain access to or use the Services.

    5. Administrator Access: Customer shall be solely responsible for the acts and omissions of its Administrator Users. StoRegister shall not be liable for any loss of data or functionality caused directly or indirectly by the Administrator Users.

    6. Customer Input: Customer is solely responsible for collecting, inputting and updating all their Customer Content stored on the Host, and for ensuring that

      Customer Content does not

      • Include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party

      • Contain anything that is obscene, defamatory, harassing, offensive or malicious

      Customer shall

      • Notify StoRegister immediately of any unauthorized use of any password or user id or any other known or suspected breach of security

      • Report to StoRegister immediately and use reasonable efforts to stop any unauthorized use of the Service that is known or suspected by Customer or any Identity Cube user

      • Do not provide false identity information to gain access to or use the Service.

    7. Ownership and Restrictions: Customer retains ownership and intellectual property rights in and to its Customer Content. StoRegister or its licensors retain all ownership and intellectual property rights to the services, Software programs, and anything developed and delivered under the Agreement. Third party technology that may be appropriate or necessary for use with StoRegister program is specified in the program Documentation or ordering document as applicable. Customer's right to use such third-party technology is governed by the terms of the third-party technology license agreement and not under the Agreement.

    8. Suggestions: StoRegister shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Services any suggestions, enhancement requests, recommendation or other feedback provided by Customer, including Users, relating to the operation of the Services.

  5. TERM AND TERMINATION:

    1. Your subscription term will be specified in the User Agreement and Invoice, unless it is notified to us Invoice will be sent at the end of each term.

    2. User reserve the right to give non-renewal notice before the end of term to prevent renewal of the subscription.

    3. Except if and as expressly agreed otherwise, the Customer is not entitled to any refunds or reimbursements in connection with StoRegister, the Add-On Services, or the applicable fees. In any event, the Customer is not entitled to a refund for partial use of StoRegister for any time period during which the Customer did not actually use the application. Customer may not set-off or deduct amounts from fees due to StoRegister.

    4. Subscription fees and other service charges that we are unable to charge through the payment method the Customer provided or if customer fails to do a direct bank transfer are deemed to be overdue. Failure to settle the charges specified in the invoice within seven (30) calendar days of its original due date constitutes a breach of these Terms, entitling StoRegister to suspend the Customer's Account. Further failure to settle the charges specified in the invoice within fourteen (45) calendar days of its original due date constitutes a material breach of these Terms and StoRegister shall delete all the customer data from the application database and customer will not be able to restore the deleted data if they wish to continue the services later.

    5. Without derogating from any other rights and remedies available to StoRegister under applicable law, overdue fees may accrue interest at the rate of three-quarters of one percent (1%) per month or part thereof, cumulative monthly on the linked capital from the due date until the date of actual payment. The Customer will reimburse StoRegister for all legal costs, chargebacks, chargeback fees, credit card commissions, and attorney fees we incur in the course of collecting overdue or disputed fees. The Customer shall not file a credit card charge dispute on amounts charged by StoRegister and shall instead raise all such disputes directly with StoRegister.

  6. CONFIDENTIALITY:

    1. Definition: "Confidential Information" means any information disclosed by a party to the other party, directly or indirectly, which, (a) if in written, graphic, machine-readable or other tangible form, is marked as "confidential" or "proprietary", (b) if disclosed orally or by demonstration, is identified at the time of initial disclosure as confidential and is confirmed in writing to the receiving party to be "confidential" or "proprietary" within 30 days of such disclosure, (c) is specifically deemed to be confidential by the terms of this Agreement, or (d) reasonably appears to be confidential or proprietary because of the circumstances of disclosure and the nature of the information itself. Confidential Information will also include information disclosed by third parties to a disclosing party under an obligation of confidentiality. Subject to the display of Customer Content as contemplated by this Agreement, Customer Content is deemed Confidential Information of Customer. StoRegister software and Documentation are deemed Confidential Information of StoRegister.

    2. Confidentiality: During the term of this Agreement (perpetually in the case of software), each party shall treat as confidential all Confidential Information of the other party, shall not use such Confidential Information except to exercise its rights and perform its obligations under this Agreement, and shall not disclose such Confidential Information to any third party. Without limiting the foregoing, each party shall use at least the same degree of care, but not less than a reasonable degree of care, it uses to prevent the disclosure of its own confidential information to prevent the disclosure of Confidential Information of the other party. Each party shall promptly notify the other party of any actual or suspected misuse or unauthorized disclosure of the other party's Confidential Information. Neither party shall reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which embody the other party's Confidential Information, and which are provided to the party hereunder. Each party may disclose Confidential Information of the other party on a need-to-know basis to its contractors who are subject to confidentiality agreements requiring them to maintain such information in confidence and use it only to facilitate the performance of their services on behalf of the receiving party.

    3. Exceptions: Confidential Information excludes information that: (a) is known publicly at the time of the disclosure or becomes known publicly after disclosure through no fault of the receiving party, (b) is known to the receiving party, without restriction, at the time of disclosure or becomes known to the receiving party, without restriction, from source other than the disclosing party not bound by confidentiality obligations to the disclosing party, or (c) is independently developed by the receiving party without use of the Confidential Information as demonstrated by the written records of the receiving party. The receiving party may disclose Confidential Information of the other party to the extent such disclosure is required by law or order of a court or other governmental authority, provided that the receiving party shall use reasonable efforts to promptly notify the other party prior to such disclosure to enable the disclosing party to seek a protective order or otherwise prevent or restrict such disclosure. Each party may disclose the existence of this Agreement and the relationship of the parties but agrees that the specific terms of this Agreement will be treated as Confidential Information; provided, however, that each party may disclose the terms of this Agreement to those with a need to know and under a duty of confidentiality such as accountants, lawyers, bankers and investors.

  7. INDEMNIFICATION:

    1. Indemnification by Client: If a third party makes a claim against StoRegister that the Customer Content infringes any patent, copyright or trademark, or misappropriates any trade secret, Customer shall defend StoRegister and its directors, officers and employees against the claim at Customer's expense and Customer shall pay all losses, damages and expenses (including reasonable attorneys' fees) finally awarded against such parties or agreed to in a written settlement agreement signed by Customer, to the extent arising from the claim.

    2. Conditions for Indemnification: We will keep the Customer informed within 30 days from the date of we are aware of any claim, shall give the Customer sole control of the defense and settlement of such claim. We shall provide all the necessary assistance, information and authority required for the customer in the defense and settlement of the claim at your expense. Also, customer should not accept any settlement that imposes obligation, admission and liability not specified in this agreement.

  8. LIMITATIONS OF LIABILITY:

    NEITHER PARTY (NOR ANY LICENSOR OR OTHER SUPPLIER OF STOREGISTER) SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, PROFITS, DATA OR USE OF ANY SERVICE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING NEGLIGENCE), EVEN IF FORESEEABLE OR THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING NEGLIGENCE), SHALL EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER UNDER THIS AGREEMENT DURING THE 1st MONTHS PRECEDING THE DATE THE CLAIM AROSE. The foregoing limitations shall not apply to the parties' obligations (or any breach thereof) under Sections entitled "Restriction", "Indemnification", or "Confidentiality".

  9. WARRANTIES:

    • StoRegister represents and warrants that it will provide the Services in a professional manner consistent with general industry standards and that the Services will perform substantially in accordance with the Documentation. For any beach of a warranty, Customer's exclusive remedy shall be as provided in Section 5, Term and Termination.

    • STOREGISTER WARRANTS THAT THE SERVICES WILL PERFORM IN ALL MATERIAL RESPECTS IN ACCORDANCE WITH THE DOCUMENTATION. STOREGISTER DOES NOT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT STOREGISTER WILL CORRECT ALL SERVICES ERRORS. CUSTOMER ACKNOWLEDGES THAT STOREGISTER DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATION FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATION FACILITIES.THIS SECTION SETS FORTH THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY STOREGISTER (EXPRESS OR IMPLIED) WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. NEITHER STOREGISTER NOR ANY OF ITS LICENSORS OR OTHER SUPPLIERS WARRANT OR GUARANTEE THAT THE OPERATION OF THE SUBSCRIPTION SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, NOR SHALL STOREGISTER OR ANY OF ITS SERVICE PROVIDERS BE LIABLE FOR UNAUTHORIZED ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S OR ANY USER'S DATA, FILES, OR PROGRAMS.

  10. GENERAL PROVISIONS:

    1. Non-Exclusive Service: Customer acknowledges that the Services is provided on a non-exclusive basis. Nothing shall be deemed to prevent or restrict StoRegister's ability to provide the Services or other technology, including any features or functionality first developed for Customer, to other parties.

    2. Personal Data: You hereby acknowledge and agree that StoRegister's performance of this Agreement may require StoRegister to process, transmit and/or store Customer personal data or the personal data of Customer employees and Affiliates. By submitting personal data to StoRegister, you agree that StoRegister and its Affiliates may process, transmit and/or store personal data only to the extent necessary for, and for the sole purpose of, enabling StoRegister to perform its obligations to under this Agreement. In relation to all Personal Data provided by or through Customer to StoRegister, you will be responsible as sole Data Controller for complying with all applicable data protection or similar laws such as GDPR and laws implementing that Directive that regulate the processing of Personal Data and special categories of data as such terms are defined in that Directive. You agree to obtain all necessary consents and make all necessary disclosures before including Personal Data in Content and using the Enabling Software StoRegister. You confirm that you are solely responsible for any Personal Data that may be contained in Content, including any information which any StoRegister User shares with third parties on your behalf. You are solely responsible for determining the purposes and means of processing your customer's Personal Data by StoRegister under this Agreement, including that such processing according to your instructions will not place StoRegister in breach of applicable data protection laws. Prior to processing, you will inform StoRegister about any special categories of data contained within Customer Personal Data and any restrictions or special requirements in the processing of such special categories of data, including any cross-border transfer restrictions. You are responsible for ensuring that the StoRegister meets such restrictions or special requirements to process any Personal Data that meets the requirements set forth in this Section according to these Terms of Service.

    3. StoRegister Personal Data Obligations: In performing the Services, StoRegister will comply with the StoRegister Services Privacy Policy, which is available at https://www.storegister.com/privacy-policy.html and incorporated herein by reference. The StoRegister Services Privacy Policy is subject to change at StoRegister's discretion; however, StoRegister policy changes will not result in a material reduction in the level of protection provided for Customer data during the period for which fees for the services have been paid. The services policies referenced in this Agreement specify our respective responsibilities for maintaining the security of Customer data in connection with the Services. StoRegister will only process Customer Personal Data in delivering StoRegister. You agree to provide any notices and obtain any consent related to StoRegister's use of the data for provisioning the Services, including those related to the collection, use, processing, transfer and disclosure of personal information. Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and retains ownership of all of Customer data.

    4. Assignment: Neither party may assign this Agreement or any right under this Agreement, without the consent of the other party, which consent shall not be unreasonably withheld or delayed; provided however, that either party may assign this Agreement to an acquirer of all or substantially all of the business of such party to which this Agreement relates, whether by merger, asset sale or otherwise. This Agreement shall be binding upon and inure to the benefit of the parties' successors and permitted assigns. Either party may employ subcontractors in performing its duties under this Agreement, provided, however, that such party shall not be relieved of any obligation under this Agreement.

    5. Notices: Except as otherwise permitted in this Agreement, notices under this Agreement shall be in writing and shall be deemed to have been given (a) five (5) business days after mailing if sent by registered email, (b) when transmitted if sent by facsimile, provided that a copy of the notice is promptly sent by another means specified in this section, or (c) when delivered if delivered personally or sent by express courier service. All notices shall be sent to the other party at the address set forth on the cover page of this Agreement.

    6. Force Majeure: Each party will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or Service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, and power failures.

    7. Waiver: No waiver shall be effective unless it is in writing and signed by the waiving party. The waiver by either party of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach.

    8. Severability: If any term of this Agreement is held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible the same effect as the original term, and the remainder of this Agreement shall remain in full force.

    9. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes all previous oral and written communications by the parties, concerning the subject matter of this Agreement.

    10. Publicity: Storegister may include Customer's name and logo in its customer lists on its website and for marketing purposes.

    11. No Third-Party Beneficiaries: This Agreement is an agreement between the parties, and confers no rights upon either party's employees, agents, contractors, partners of customers or upon any other person or entity.

    12. Independent Contractor: The parties have the status of independent contractors, and nothing in this Agreement nor the conduct of the parties will be deemed to place the parties in any other relationship. Except as provided in this Agreement, neither party shall be responsible for the acts or omissions of the other party or the other party's personnel.

    13. Statistical Information: StoRegister may anonymously compile statistical information related to the performance of the Services for purposes of improving the service, provided that such information does not identify Client's data or include Customer's name.

    14. Governing Law: This Agreement shall be governed by the jurisdiction of the courts in Bangalore, Karnataka, India, excluding its conflict of law principles.

    15. Compliance with Laws: StoRegister shall comply with all applicable local, state, national and foreign laws in connection with its delivery of the Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data.

    16. Dispute Resolution: Customer's satisfaction is an important objective to Storegister in performing its obligations under this Agreement. Except with respect to intellectual property rights, if a dispute arises between the parties relating to the interpretation or performance of this Agreement or the grounds for the termination hereof, the parties agree to hold a meeting within fifteen (15) days of written request by either party, attended by individuals with decision-making authority, regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute prior to pursuing other available remedies. If, within 15 days after such meeting, the parties have not succeeded in resolving the dispute, either party may protect its interests by any lawful means available to it.

Last updated on 06-Aug-2022