CSS reserves the right to update these Terms from time to time at its discretion. If we reasonably believe that the change to the Terms is significant, we shall notify all registered users by email. Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
The Site operates as a platform for Storage Providers and Customers to connect, book Storage Services, pay for Storage Services and receive feedback. CSS does not provide Storage Services itself and has no responsibility for acts or omissions of Storage Providers and Customers or otherwise in relation to Storage Services.
In these Terms, the following words have the following meanings:
Administration Fee: the fee paid by the Customer when requesting a refund;
Customer: an individual, company or other organisation seeking Storage Services;
Customer Content: all content uploaded to the Site by a Customer, in particular communications with a Storage Provider and reviews for a Storage Provider;
Fee: the fee paid by the Customer for the Storage Services;
IP Rights: means any patent, trade mark, registered design or any application for registration of the same, or the right to apply for registration of the same, any copyright or related rights, database right, design rights, rights in trade, business or domain names, rights in trade dress, rights in inventions, rights in confidential information or know-how or any similar of equivalent rights in any part of the world;
Site Content: all content on the Site;
Storage Contract: the relationship between the Customer and the Storage Provider in respect of the Storage Services including the terms set out in the “CSS Storage Contract” listed below and any other terms that the Storage Provider may communicate to the Customer that are consistent with these Terms and comply with applicable laws;
Storage Provider: an individual, company or other organisation approved and registered on the Site to offer Storage Services;
Storage Provider Content: all content provided by the Storage Provider, including within the Storage Provider’s profile and the Storage Provider’s communications on the Site;
Storage Services: the storage services provided by the Storage Provider and sold to a Customer through the Site;
Storage Venue: the location where the Storage Services are provided;
Working Days means any day other than a Saturday, Sunday or public holiday in England; and
you: any user of the Site, including a Customer and a Storage Provider.
Words in the singular include the plural and in the plural include the singular.
Headings shall not affect the interpretation of these Terms.
References to Conditions are, unless otherwise provided, references to the conditions of these Terms.
Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies.
Any phrase introduced by the words ‘including’ shall be construed as illustrative and shall not limit the generality of the related words.
If you wish to register as a Customer or a Storage Provider on the Site, you must (a) be at least 18 years old; and (b) be legally capable of entering into a contract. At our request, you shall provide evidence of your compliance with this Condition 3.1.
If you wish to register as a Storage Provider on the Site, you must also provide us with documentary evidence of (a) comprehensive insurance cover for the Storage Venue that is satisfactory to us provided that you agree that it is your responsibility to ensure that your insurance policy covers the Storage Services, and you shall immediately notify CSS if your policy changes or terminates for any reason, if you do not have insurance which covers these Storage Services, then it is still possible register for Storage Services because of our guarantee we provide on behalf of Customers; (b) fully working CCTV for the Storage Venue; (c) appropriate security and locks at the Storage Venue; (d) full details about the Storage Venue including capacity and either evidence of your ownership or your right to occupy and offer Storage Services from the Venue. You must also confirm that no third party has any right to occupy or access the Storage Venue. We shall consider any application, and if we agree to include you on the Site, we shall notify you accordingly. You shall immediately notify us if at any time you cease to comply with the provisions in this Condition 3.2, and you agree that we shall be entitled immediately to remove you from the Site in such circumstances.
Storage Providers must ensure that availability of the Storage Services at the Storage Venue is up to date at all times. The Storage Provider agrees that CSS and the Customers rely on the accuracy of the Storage Provider’s schedule, and if the schedule is frequently found to be out of date and Storage Services are cancelled by the Storage Provider, this shall be considered a material breach of these Terms.
No fees are due from you in relation to the registration on the Site.
Storage Providers agree that CSS shall be entitled to reproduce and use the Storage Provider’s name and associated logos within publicity for the Site and for the CSS business.
Storage Providers must not change the opening hours of the Storage Venue without giving to us at least 72 hours notice in writing.
Storage Providers shall not register their Storage Services on any website similar to the Site and shall not provide paid for Storage Services to customers except those who have booked through the Site. This type of action will incur a penalty charge of £250.
4. Storage Contract
Once registered, a Customer may use our Site to search for Storage Services, communicate with Storage Providers, book Storage Services and pay for those Storage Services. When you book the Storage Services we take payment of the Fee on behalf of the Storage Provider. Customers agree that on booking the Storage Services the Customer is entering into the Storage Contract with the Storage Provider, and not with CSS for the provision of the Storage Services. As a result, we are not responsible or liable to you in relation to the provision of Storage Services. We do not recommend or endorse any Storage Provider or the quality of their Storage Services.
In communications with each other before the Storage Contract is entered into, please do not include your full name or personal contact details.
Customers should carefully review the Storage Contract before agreeing to purchase Storage Services. Storage Providers and Customers agree that CSS is not a party to and is not responsible for enforcing a Storage Contract.
Notwithstanding any other provision of the Storage Contract, Customers shall not attempt to store any products at a Storage Venue that are not permitted by a Storage Provider, including firearms or other weapons, property that does not belong to the Customer, passports or other identification documents, money in any currency, high value jewellery or other items. The Customer who enters into the Storage Contract must be the individual who delivers and collects the products to be stored from the Storage Venue.
Storage Providers shall treat all personal data and other information relating to a Customer as confidential and keep all such information secure, and not share such data with any third party, or use such data for any purpose except to provide the Storage Services to a Customer. You shall take appropriate security measures (including physical, electronic and procedural measures) to help safeguard such personal data from unauthorised access, loss and disclosure and shall otherwise comply with all applicable laws and regulations relating to data protection. You shall ensure that individuals processing personal data of a Customer are subject to a duty of confidence in relation to such personal data. You shall assist CSS in providing subject access and allowing data subjects to exercise their rights under applicable laws and assist CSS in meeting its legal obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments. At the request of CSS, you shall submit to audits and inspections by CSS to ensure that it is complying with its obligations under this Condition 4.5 and shall notify CSS if you are requested to take any action in breach of any applicable data protection legislation.
The Storage Provider is not and shall not be deemed to be an employer of CSS at any time. The Storage Provider, if an individual, must be self-employed and registered as such with the Inland Revenue. If CSS incurs any costs including income tax or national insurance costs as a result of the acts of the Storage Provider, the Storage Provider shall pay all such costs.
5. Payment and Cancellation
Customers shall pay the Fee for the Storage Services when the Storage Services are booked. For the avoidance of doubt, no Storage Contract shall come into existence until the Fee has been paid in full. Payment is made through Stripe payment on the Site. By booking Storage Services, Customers authorise Stripe and us to process payment of the Fee together with any payment processing charge imposed by Stripe.
If a Storage Provider is for any reason unable to provide the Storage Services, the Storage Provider shall immediately notify CSS and the Customer by email and shall attempt to reschedule the Storage Services. If it is not possible to reschedule the Storage Services, the Customer shall be entitled to a full refund of the Fee on notification to us by email.
A Customer shall be entitled to cancel Storage Services on or at least within 14 days of entering into the Storage Contract (provided that the provision of the Storage Services hasn’t started) and in such circumstances, the Customer shall be entitled to a refund of the Fee, less an Administration Fee (10% of customer Fee), on notification to us by email. A Customer is entitled to a full refund of the Fee if the Storage Services provided are not as described or faulty in some way.
CSS shall pay to the Storage Provider the Fee, less CSS’s then current commission fee. CSS shall notify the Storage Provider by email of any changes to its commission fee from time to time. We shall pay all sums due to the bank account details that the Storage Provider has provided to us together with an emailed remittance advice once a month in arrears. The Storage Provider is responsible for all taxes due and payable in respect of all sums received from CSS under these Terms.
For the avoidance of doubt, the Storage Provider shall not request direct payment of any sums from the Customer. If a Storage Provider does so request direct payment from a Customer, the Customer shall promptly notify us accordingly. If a Storage Provider requests direct payment of any sums from the Customer for Storage Services, then the Storage Provider will be liable to pay a £250 penalty for breaching this agreement.
Neither party shall circumvent or attempt to circumvent the Site in creating the Storage Contract.
CSS reserves the right to conduct promotions, which likely will involve discounted or in rare cases, no Fee payable by Customers.
6. Use of Site
CSS grants to you a personal, non-exclusive, non-transferable right to use the Site and Site Content in accordance with these Terms. You shall have no right to sub-license your use of and/or access to the Site.
You are responsible for configuring your own systems appropriately to access and use the Site. You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site or interferes with any third parties use of the Site. You shall comply with all reasonable instructions of CSS in relation to the use of the Site.
The Site must not be used for any illegal or unauthorised purpose. In particular, but without limitation, you agree not to (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; (b) harvest or otherwise collect non-public information about another user obtained through the Site (including email addresses), without the prior written consent of the holder of the appropriate rights to such information; (c) use the email address or contact details of another user for antisocial, disruptive, or destructive purposes; and/or (d) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.
CSS will use reasonable endeavours to make the Site available at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
CSS shall use all reasonable endeavours to keep the Site secure, but you acknowledge that the Site may be subject to breaches of security and that CSS shall have no liability for any lost data or unavailability as a result of any attack or assault on its security or any attempt to disrupt the Site.
7. Storage Provider Content and Customer Content
Storage Providers and Customers agree that the Storage Providers Content and the Customer Content respectively shall not (a) breach the provisions of any law, statute or regulation including any data protection laws and/or regulations; (b) infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party; (c) be made in breach of any legal duty owed to any third party, such as a contractual duty or a duty of confidence; (d) be deliberately or knowingly false, inaccurate or misleading; (e) include any content which promotes fraudulent, obscene, pornographic, inappropriate or illegal activities; promotes violence or hatred; is or discriminatory of any group of people; is sexually explicit; or is obscene, offensive, hateful or inflammatory; (f) contain any virus; and/or (g) give rise to any cause of action against CSS.
The Customer grants to CSS a non-exclusive, royalty free, transferable licence to reproduce the Customer Content in the Site. The Storage Provider grants to CSS a non-exclusive, royalty free, transferable licence to reproduce the Storage Provider Content in the Site.
We may remove any Customer Content and/or Storage Provider Content at any time and without notice if we reasonably believe that such content infringes any of the provisions of these Terms.
8. LIABILTY – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
You agree that CSS has no responsibility and/or liability for any errors or omissions in any content posted by a Storage Provider or a Customer. We accept no obligation to verify or review such content. Furthermore, we do not warrant that any Customer shall find a suitable Storage Provider, or that a Storage Provider shall be engaged to provide Storage Services by a Customer.
If you are a Storage Provider, CSS shall in no circumstances be liable to you in contract, tort (including negligence) or otherwise for any direct or indirect losses you may suffer as a result of use of the Site, including (a) loss of profit, anticipated profits or business; (b) loss of data; (c) loss of opportunity; (d) loss of revenue; (e) loss of goodwill or reputation; and/or (f) consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).
If you are a Customer:(a) if there is a problem with the Site that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation up to £20 per device. However, we will not be liable for damage which you could have avoided by following our advice to download and install an update offered to you for free or for damage caused by you failing to correctly follow instructions about use or anything in the documentation on the Site;(b) if there is a problem with the Storage Services, you can contact the Storage Provider or you can follow our dispute procedure in Condition 9; but please note, we have no liability for the actions of the Storage Provider.(c) if a Customer books Storage Services on CitySpareSpace.com and experiences theft or damage to their stored items at a registered Storage Venue during their booked time, then the customer may be entitled up to a £250 reimbursement for their stolen or damaged items.(d) The £250 reimbursement policy applies only to the following circumstances:
the Customer’s has not had nor will have in the future a successful claim paid out from their travel insurance and the Storage Provider’s insurance policy for the affected items kept at the Storage Venue
any items damaged or stolen that are on the Restricted Items list will not be reimbursed (see CSS Storage Contact below)
the reimbursement applies to the depreciated value of items affected
evidence for the ownership, value, and damage of the affected items must be provided to CSS
the Customer will not qualify for a refund if he or she knowingly provided false information
Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.
The Storage Provider shall indemnify and keep indemnify and held harmless CSS from and against any costs, claims, losses, damages, expenses and liabilities that CSS may suffer or incur arising as a result of any claim or allegation from a Customer or any third party relating to the acts or omission of the Storage Provider.
If there is a dispute between a Customer and a Storage Provider, the parties shall work together acting reasonably to resolve the dispute subject to the provisions of the Storage Provider’s terms and conditions.
If you are unable to resolve the dispute, you may contact us and we shall review any dispute raised with reasonable skill and care and you agree to assist us to do so. You agree to comply with our decision relating to a dispute, including in relation to any refund due and payable.
We reserve the right to suspend or terminate the account of Customer or a Storage Provider at any time and without liability (a) if any information that you provide to us is not true, ceases to be true, or we cannot verify or authenticate any such information; (b) you are in breach of these Terms; (c) you are convicted of a criminal offence or act in any way that may bring CSS into disrepute; (d) after a six (6) months continuous period of inactivity; and/or (e) if we receive any complaints or a dispute is raised in relation to your activities on the Site.
If a Storage Provider requests direct payment from a Customer otherwise has a separate monetary arrangement with a Customer, then (a) the Storage Provider’s account will be immediately terminated; (b) the Storage Provider will be banned from the Site, and any other CSS network for an indefinite period; (c) the Storage Provider will not be paid any outstanding amount held by CSS; and (d) the Instructor shall have no right to use any CSS profile or refer to the CSS brand in any way whatsoever. The Storage Provider will also be subject to a £250 penalty for a breach of this agreement.
Following termination by us of your CSS account you must cease to use the Site and you must not re-register on the Site under any other name.
If you are a Customer, you may contact us at any time to terminate your CSS account, and provided there are no outstanding sums due or payable, we shall delete the account within 10 days of receipt of such a notice.
If you are a Storage Provider, you may only cancel your CSS account if there are no outstanding Storage Services to be provided; however, you may notify us at any time that you no longer wish to offer Storage Services on the Site. If you wish to cancel your CSS account and there are outstanding Storage Services to be provided, if you provide to us at least 1 week’s notice, we shall try to find a suitable alternative, but we do not promise that we will be able to do so. If we are unable to do so, you shall continue to be bound to provide the Storage Services.
Nothing in these Terms shall confer or purport to confer on any third party, including a Storage Provider, any benefit or the right to enforce any of these Terms under the Contracts (Rights of Third Parties) Act 1999.
The failure or delay of a party to exercise or enforce any right under these Terms shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any other time. Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies.
If any provision of these Terms is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties.
Any notice given under these Terms shall be in writing and shall be served by delivering the notice personally or by email to the latest address notified. Any such notice shall be deemed to have been received at the time of delivery.
These Terms shall be governed by and construed in accordance with English law and each party hereby irrevocably submits to the exclusive jurisdiction of the English courts.
CSS Storage Contract
Storage Providers must provide the following:
CCTV in the store which monitors where the items will be stored.
Insurance policy which protects customers from the following:
Damage and/or total destruction by fire
Communication device in the store such as a smartphone, tablet, and/or computer which can send and receive email communications
Store email address
Store telephone number
Storage Booking Procedures
Receive confirmation email from City Spare Space specifying the following:
Unique booking code
Number of items
Drop off & pick up time/day
The specific drop off times are an estimate and subject to change, so it is imperative that your staff are able to receive customers’ items during business hours.
Confirm the customer identity & confirmation code of the customers by asking them for their confirmation code and by viewing a valid form of ID (student card, bank card, passport, licence).
Conduct “open bag” procedure by simply asking the customer to open the main part of their bag to demonstrate that there is no illegal or dangerous items.
Place tamper-proof seal on item(s) through both zippers and the top handle.
Immediately place items in your store’s secured location. A secured location must be away from the customer area where there is only employee access.
Return items to customers when they produce their confirmation code and government issued ID (passport, licence). Customers who booked the storage must be the only persons who drop off and pick up their items. They cannot use other people for this.
Customers should not store the following items:
Weapons, munitions, or gunpowder
Any explosive / flammable device or liquids
Important documents (boarding passes, passport, driver’s licence)