This is a really important legal document. It is very important that you carefully and thoroughly read this whole document because it sets out your rights (and ours). Here, we set out the terms and conditions (the “Terms” or “TOS”) that govern all use of www.Keeprstorage.ph and all of Keepr Storage PH services, including any apps for your phone or tablet. You (and we) are bound by the terms of this Agreement.
Please be advised: These Terms contain provisions that govern how claims that you and Keepr Storage PH have against each other can be brought (see below). These provisions will, with limited exception, require that you submit claims you have against Keepr Storage PH to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.
By agreeing to these Terms, you expressly acknowledge that you understand the Terms (including the dispute resolution and arbitration provisions contained herein) and accept all of them. If you do not agree to be bound by these Terms, you may not use or access the Services.
YOUR USE OF Keepr Storage PH
While corporate accounts for Keepr Storage PH are available, individual users must be real live natural persons over the age of eighteen (18) years and competent to enter into contracts in their own name. You can’t be using Keepr Storage PH for someone else. You must provide us with your legal name (i.e., the name that matches the one on your government-issued ID). You must be the owner of all property that you store with us. No one else can have an ownership interest in the property. In executing this Agreement you represent (or “warrant”) that you are the sole owner of the property to be stored with us. You further warrant that no third party has a lien on the property that you store in Keepr Storage PH.
You will only use Keepr Storage PH for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party. You will only use Keepr Storage PH in a manner that complies with all laws that apply to you. If your use of Keepr Storage PH is prohibited by applicable laws, then you aren’t authorized to use Keepr Storage PH. We can’t and won’t be responsible for your using components of the Keepr Storage PH service in a way that breaks the law.
Keepr Storage PH may agree to accept payments made on your behalf from a third party, at your request. Even if there is a third party making payments for you, you shall remain fully liable for all of your obligations to Keepr Storage PH. Absent a separate written agreement signed by Keepr Storage PH, such a paying party shall not become a third party beneficiary or have any rights to your items or any rights under this agreement.
We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
Keepr Storage PH is a local service, and the way that we pick up, store, and deliver your items will depend on the locations where we pick up your items (your “Local Service Area”) and the locations where we deliver it back. Your Local Service Area is determined by the Philippine Postal code of the address where we pick up your items, according to our list of Service Zones
The services offered and operating hours may vary by Service Zone at the sole discretion of Keepr Storage PH. In addition, Keepr Storage PH may contract with a 3rd party to offer some of its services on the behalf of Keepr Storage PH in certain Service Zones. Your Local Service Area will impact the prices Keepr Storage PH charges for its services (as laid out in our Standard Pricing). You may request a delivery of your items to a location that is not in your Local Service Area. Keepr Storage PH, at its sole discretion, may facilitate the delivery of your items to a different Service Zone at pricing to be determined by Keepr Storage PH and approved by you prior to delivery. You understand and agree that Keepr Storage PH is under no obligation to store your items in a specific location.
Our Website And Apps
All content included on Keepr Storage PH (and the software that runs it) is the property of Keepr Storage PH or Keepr Storage PH licensors or other content suppliers. There are copyright and trademark and other laws that apply to protect that content.
We own or license all content on our website (everything) including any trademarks, service marks, or logos. We reserve all our rights (so your rights are those expressly named for you). You may not use (in any fashion, where use is interpreted as broadly as possible) content on Keepr Storage PH without the express prior written consent of the respective owners.
We grant you a limited non-exclusive, non-transferable, non-sublicensable right solely to display and view content on Keepr Storage PH for personal, non-commercial use. Other than fair use, other uses are prohibited without express consent.
Things You Can’t Do To/With Keepr Storage PH
No page-scraping, spidering, or other automated access (or equivalent manual process) is allowed. This means you can’t copy or monitor Keepr Storage PH, or bypass or circumvent Keepr Storage PH navigation or structural presentation.
You agree you won’t hack or try to hack our systems. You will not accept or try to gain unauthorized access to Keepr Storage PH data, any part of Keepr Storage PH, or to any other systems or networks connected to Keepr Storage PH or to any Keepr Storage PH server. This includes hacking, phishing, cracking, or any other illegitimate means.
You agree you won’t use Keepr Storage PH in violation of any law, rule, or regulation.
You agree you won’t try to scan or test the vulnerability of Keepr Storage PH, try to breach our security or authentication measures, or generally try to bypass our security.
You also agree to leave other users alone: no attempts at cross-site scripting, IP tracing, reverse look-up, or other mechanism to obtain information on any other user of or visitor to Keepr Storage PH.
You promise not to do anything that could impose an unreasonable or disproportionately large load on Keepr Storage PH or the systems it is connected to and runs on.
You agree not to Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Keepr Storage PH.
You agree not to manipulate raw TCP/UDP streams or engage in other shenanigans at the bit level. You will not forge headers or attempt to disguise the origins of messages or packets. You will not call our headquarters pretending to be someone else.
Keepr Storage PH reserves the right to bar any additional activities that could be injurious to Keepr Storage PH or its users. You will comply with any updated prohibitions.
What Happens When You Break The Rules
Keepr Storage PH may terminate your Keepr Storage PH account at any time, with or without cause. If we terminate your account without cause, such termination will be subject to 30 days advance written notice (unless you waive your rights to such notice). In these circumstances, we will refund any pre-paid monthly fees and arrange for delivery of your items back to you at our expense.
Notwithstanding our lien law rights or other applicable Terms, if you have placed specific items in Keepr Storage PH in violation of our Terms (including our Storage Rules) that may contaminate other items, put Keepr Storage PH or the property of other customers at risk, or in any way pose a risk to human health, Keepr Storage PH reserves the right to (i) terminate your account and/or (ii) quarantine or dispose of those items at your expense with no compensation owed to you. Where feasible, Keepr Storage PH will attempt to contact you to arrange for quarantine (at your expense) or another way of resolving the hazard raised.
Cancelling Your Account
You can begin the process of closing your account at any time by contacting Keepr Storage PH support. (Any fees for delivery or a Minimum Commitment will still apply). You must arrange for and pay the costs (as set out in this Agreement) of getting your items back to you. You must continue to pay us your rent until all of your items have been returned to you.
YOUR RESPONSIBILITIES, OUR RIGHTS, AND LIMITATIONS ON LIABILITY
We have rules about what you may or may not store as part of your items. These Storage Rules are part of the Agreement. If you are found to be in violation of the Storage Rules, you will be in breach of this Agreement. Keepr Storage PH may refuse to store any Item at the sole discretion of Keepr Storage PH, even if that Item is not expressly forbidden by the Storage Rules.
These Storage Rules and Protection Plans specifically mention the storage of fragile items, valuables, and other special items. If you store fragile items with Keepr Storage PH, those items are subject to additional policies and further limits on our liability. The policies outlined in the Storage Rules and Protection Plans are an integral part of this agreement. You agree to be governed by these policies.
Packing Your Items
Proper packing is essential to a good experience with Keepr Storage PH. How you pack your items determine both the condition that it will be returned in and the limitations on our liability if something is damaged.
To ensure proper handling, small items (anything small enough to fit into one of our bins) should be packed into a bin or box that is 3 cubic feet or larger. We reserve the right to refuse to accept any loose Item, or we may require that you purchase Supplies and/or use our bins for such items.
If you elect to use our packing services, including the use of our bins, we share responsibility for safely and securely packing your items. Your Protection Plan determines the limits of our liability on items that we pack.
Unless you elect to use our packing services, you are responsible for safely and securely packing each Item (or otherwise protecting it with packing supplies and moving blankets). This includes packing your items so that it will not be damaged during transit and storage. You understand that the Item will be moved from time to time in connection with deliveries or as may be needed for its storage. By having us pick up an Item, you are making the statement (i.e., you “represent and warrant”) that the Item has been packed appropriately and is sturdy enough for transit and storage. You agree that Keepr Storage PH is not responsible for any damage caused by or arising from your failure to properly pack your Item. We reserve the right to refuse to accept any Item that appears insufficiently sturdy or too poorly packed for transit or storage, or we may require that you purchase Supplies and/or elect to use our Packing Services and/or waive or further limit our liability for the Item before we will store your Item.
For your safety, the wellbeing of our Operations team members, and the care of your belongings, we recommend packing no more than 45 pounds of your personal property into any single box, bin, or other containers. We reserve the right to refuse to accept any Item that we reasonably believe weighs more than 50 pounds. We also reserve the right to re-pack or ask you to re-pack, any Item for our safety or for the safety of your items.
This weight restriction does not apply to some furniture or other Items that are designed to be moved by more than one person. This weight restriction does apply to containers provided by Keepr Storage PH. If you have questions about how the weight restrictions might apply to your items, please contact our Customer Support team well in advance (and at least 24 hours before) your appointment.
Getting Ready For Your Appointment; Being Present At Appointments
Before your first appointment with Keepr Storage PH, and from time to time afterwards if they change, you may be required to explicitly agree with the Terms. In addition, each time you (or your designee) give any Item to Keepr Storage PH, it confirms that you have agreed to these Terms.
Before an appointment, you may also be required to verify your identity online or in person, in a manner determined by Keepr Storage PH and communicated to you prior to your appointment. It is your responsibility to verify your identity.
Depending on the nature of your appointment, Keepr Storage PH may ask you to confirm your appointment in advance by contacting you via the email or phone number in your online profile. It is your responsibility to respond and confirm your appointment, to accurately update details to the appointment, including but not limited to the services to be rendered, the inventory of items to be picked up or delivered, and our ability to access your home.
Please make sure that your pickup will happen in a safe environment. This includes locations with evidence of contamination or infestation by bed bugs or other pests.
It is your responsibility to be home (or at the designated location of your appointment) or to otherwise make arrangements so that we can pick up or deliver your items when you request a Keepr Storage PH appointment (in any form).
You must be packed and organized before we arrive. Appliances like AC units and refrigerators must be unplugged and dry. TVs and artwork should be removed from the wall. Cords should be coiled. We‘re not responsible for any damage to larger items that we deem to have not been properly packed, wrapped, or otherwise prepared for storage. Please make sure there is a clear path to the street. Keepr Storage PH employees cannot remove doors from hinges or make other environmental alterations.
If your building requires reservations for service elevators or loading docks, or other advance notice or preparations, it is your responsibility to make such arrangements.
If an appointment is delayed or its duration is extended due to your lack of preparation, applicable service fees will apply to the time we are delayed (delays caused by you are considered “on the clock”).
At its sole discretion, Keepr Storage PH or its employees may choose to cancel or decline to complete your appointment if you fail to be prepared for any reason enumerated above, including but not limited to your failure to state your agreement to the Terms or verify your identity in a manner satisfactory to Keepr Storage PH, failure to confirm your appointment and its details, failure to provide a safe working environment, failure to be home for an appointment, failure to be packed and provide access to your items, failure to request a required COI, and failure to reserve loading docks or service elevators. In addition, Keepr Storage PH or its employees may choose to cancel or decline to complete your appointment if the services requested at the appointment fall outside of our typical operating procedures; if we have reason to believe you do not intend to use our services in accordance with these Terms or meet your payment obligations; if we observe evidence of police action, unrest, criminal activity, or eviction; or for any other reason.
Keepr Storage PH shall not be liable to you if Keepr Storage PH it or its employees cancel a pickup or decline to complete a pickup for any reason.
If you request an appointment outside of your Local Service Area, we may contract with a third party to complete your appointment. It is your responsibility to coordinate with the third party, to abide by their policies, and pay any fees owed to them due to the circumstances of the appointment, including but not limited to fees for canceled or missed appointments, additional handling, and returned items.
Change Of Address
In the event your email address, residence address, mailing address, billing address and/or phone number changes, you must update your online profile within ten (10) days of the change. Changes of e-mail address, or residence address, mailing address, and/or billing address changes cannot be made by any other method, including but not limited to email or by telephone. We are not responsible if you don’t receive a notice from us because your address changed and you did not update your online profile. You represent and warrant that you are the owner of any cell phone or mobile phone number contained in your online profile and that you shall remove any cell phone or mobile phone number contained in your online profile if you surrender that number or transfer it to any other person. You further agree that we may contact you using any of the information contained in your online profile, including any listed cell phone or mobile phone number.
Right To Enter; Inpect And Move Your Items
As a standard part of our service, we will photograph each Item in storage. Keepr Storage PH may (but is not required to) photograph any Item multiple times, including before and after it is wrapped and protected for storage. Keepr Storage PH will open Keepr Storage PH bins to take overhead shots of the contents before they are stored. Keepr Storage PH does not open other sealed containers for the purposes of providing photographs as part of our standard service. Keepr Storage PH reserves the right to open and inspect any Item in the event of an emergency, suspected criminal activity, suspected storage of prohibited goods or violation of Storage Rules, or upon your default (see “Default” below) under this Agreement. Should Keepr Storage PH receive a search warrant from a governmental agency, we may, without incurring any liability to you, immediately remove any seal from the relevant Item(s), allow your Item(s) to be searched, and, if applicable, the Item or its contents to be seized. Should Keepr Storage PH receive a subpoena, or a law officer or governmental agency requests documents or information about your items, you agree that we may provide such information or documents without incurring liability to you.
After picking up your items, we will store them at a Keepr Storage PH facility; however, you acknowledge and agree that at any time while you are storing your items with Keepr Storage PH, we shall have the right, at our sole discretion, to move your items to another one of our facilities within the Luzon area. Any decision by Keepr Storage PH to move your items will not affect your financial obligations to us during the course of your time storing with Keepr Storage PH.
Temperature & Climate Control
We will use commercially reasonable efforts to maintain the temperature of the facility in which your Items are stored between 13°C and 32°C. Other than temperature, your items will not be stored in a climate-controlled environment. The air flow, moisture level, and heat will not be regulated. We will take commercially reasonable steps to protect your items from the growth of mold or similar microorganisms. However, because your items will not be stored in a completely climate-controlled environment, we cannot guarantee that mold or similar microorganisms may not develop on your items. We are not liable for the natural growth of mold, or mildew or similar microorganisms on your items. You assume the risk that mold or similar microorganisms could develop under these circumstances.
Absent a court order or binding arbitration ruling, Keepr Storage PH will not release any of your items to someone else that claims they own it. However, Keepr Storage PH will not “take sides” in a property dispute. If anyone approaches Keepr Storage PH directly with a claim that they are the true owner of some or all of your items, we will provide them with a form to fill out under penalty of perjury that sets out their claim. As part submitting that form, the person claiming ownership of some or all of your items must agree to indemnify Keepr Storage PH and you for all costs that result from their claim if it is wrong, and they must agree to offer you the option to arbitrate (without Keepr Storage PH as a party) to resolve the claim, with the loser to pay the winner’s attorney’s fees and costs.
If they agree to these terms, we will provide you a copy of their summary of their claim, along with a form for you to respond to dispute their claims. If you dispute the claims, Keepr Storage PH will take no further action — the matter is yours to resolve (although you will now have the option of a loser-pays arbitration). You have 30 days to dispute the claim of ownership. If you do not respond, we will return the disputed property to you, and notify the person claiming ownership that we have done so. By executing this Agreement, you are agreeing that we can bill you for the costs (including internal staff costs) of returning the disputed property.
What Happens When Your Item Breaks Or Goes Missing
By executing this Agreement and using Keepr Storage PH, you are agreeing that you have carefully reviewed our Protection Plans, and that in the event that your item breaks or go missing, Keepr Storage PH liability for each Item will be limited to the amounts reflected in your applicable Protection Plan. If you store stuff in Keepr Storage PH that is worth more than the amount reflected in your Protection Plan, either individually or in the aggregate, you do so at your own risk.
The limitations on Keepr Storage PH liability as set out in our protection plans are a critical part of this agreement, and by executing this agreement you acknowledge that Keepr Storage PH would not offer services in their absence.
In the unfortunate event that something breaks or goes missing, Keepr Storage PH has a claims process. The policies that govern that process are outlined in our Protection Plans.
Insurance, Sole Recourse
Keepr Storage PH agrees that it will cause you to be listed as an “additional insured” on Keepr Storage PH liability insurance in regard to bodily injury or property damage claims that arise while Keep Storage PH employees or agents are in your home, office or other location packing or picking up your items. Your coverage as an additional insured will be subject to existing policy limits and will be subject to the terms, conditions and limitations of Keepr Storage PH insurance policy. You agree that you will solely rely on available insurance to provide you a defense and indemnity in regard to any claim that arises out of Keepr Storage PH work for you in your home, office or other location, even if that Keepr Storage PH insurer denies you coverage for any reason. You shall not have and shall not claim any right to contribution, indemnity, or a defense from Keepr Storage PH in connection with any liability claim made against you, except as required by law. In the event that you suffer injury or damage to your property other than your items while Keepr Storage PH employees or agents are in your home, office or other location packing or picking up your items, you agree that Keepr Storage PH liability shall be limited to its available insurance limits, and you shall not collect any damages you suffer or any judgment you are awarded from Keepr Storage PH non-insurance assets. In addition, upon a written request from you, Keepr Storage PH agrees that your landlord (or other entity with a property interest in the location where we work) will be an additional insured under our insurance. Keepr Storage PH can confirm insurance coverage and applicable limits upon request to a Customer Support Agent.
Limitation On Keepr Storage PH Liability For A Wrongful Sale
Our relationship is one of owner and occupant.
If, as a result of your actions or inaction, including your non-payment of rent and fees, Keepr Storage PH believes it is entitled to enforce its lien on your items and does so, Keepr Storage PH liability for a wrongful sale resulting from enforcing that lien is limited to the same limits as would apply if your items had broken or gone missing, which are the limits you selected in your applicable Protection Plan.
To the fullest extent permitted by law, you shall indemnify and hold Keepr Storage PH and its agents harmless from any loss incurred by Keepr Storage PH and its agents in any way arising out of your items and your use of Keepr Storage PH.
We do not maintain any insurance on your personal property that you can make a claim under. Insurance that applies above the limits you selected in your applicable Protection Plan is your sole responsibility. You have the option of obtaining your own personal coverage for your items stored in Keepr Storage PH, and if you do not do so, you understand that Keepr Storage PH will not be liable beyond the amounts and conditions in these Terms.
Waiver Of Subrogation
Any insurance carried by us or you is for the sole benefit of the party carrying the insurance. Each party waives its right to make any claim against the other for loss or damage in the event of casualty that is covered by its own insurance and will cause its respective insurance policies to be endorsed so as to waive that right of their respective insurers. You expressly agree that the carrier of any insurance obtained by you shall not be subrogated to any claim of you against us. This clause is a specific bargained for condition of this Agreement and we would not have entered into this Agreement without it.
Neither Keepr Storage PH nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the services are provided “as is” and without any warranty of any kind from Keepr Storage PH or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). The services and content are provided by Keepr Storage PH (and its licensors and suppliers) on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Limitation Of Keepr’s Indirect Liability; Indemnity
To the fullest extent permitted by law, Keepr Storage PH and its agents will have no responsibility to you or to any other person for any loss, liability, claim, expense, damage to property or injury to persons from any cause, including without limitation, Keepr Storage PH and/or its agent’s active or passive acts, omissions, negligence or conversion, unless the loss is directly caused by Keepr Storage PH fault. Further, Keepr Storage PH will have no liability to you for damages caused by an act of god, including a hurricane.
Limitation Of Liability
In no event shall Keepr Storage PH, its officers, directors, employees, agents, third party licensors, or third party suppliers be liable under contract, tort, strict liability, negligence or any other legal theory: (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages, even if foreseeable, (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of the greater of (in the aggregate) (a) ₱5,000.00 or (b) i) if you created your account before we offered protection plans and have not selected a protection plan the lesser of (a) the aggregate limit or (b) the current value (cost) of items damaged or lost, capped at our per-item liability multiplied by the number of your bins involved ii) the amount specified under your protection plan. These limitations shall be void to the extent prohibited by applicable law.
PAYING FOR OUR SERVICES
Term And Rent
The period of time that this Agreement is in effect is called the “term”. The term begins when you sign or accept this Agreement and will continue on a month-to-month basis until terminated. You shall pay rent to Keepr Storage PH according to the Storage Plan and Services you use. Rent must be paid when it is due, or you’ll be subject to a Delinquency Fee, denial of access, and ultimately a lien sale (see “Default” below). Rent must be paid in full, without any deductions, without prior notice or prompting from us. Rent is not refundable. The rent amount you must pay is the sum of the full amounts set out in the Standard Pricing that apply to your Storage Plan, including rent arising from the Minimum Commitment, plus any fees for our Services, plus any applicable sales and other taxes imposed by any taxing authority.
The rent, amounts and type of other fees and/or charges, may be adjusted by Keepr Storage PH effective the month following notice by Keepr Storage PH to you specifying the adjustment. Such notice will be given to you at least thirty (30) days prior to the first day on which the adjustment will be effective. (This basically means we can make changes if we give you a 30 day heads up.) Any such adjustment will not otherwise affect other terms of this Agreement and all other terms of this Agreement shall remain in full force and effect.
A one month security deposit is required upon subscription to any of the Keepr Storage PH plans, to be charged along with your first month fee. Failure to settle any charges incurred after 15 days from billing date will result in forfeiture of the security deposit to cover for, but not limited to, the following:
- Cost of storage
- Cost of delivery
- Other fees
Keepr Storage PH will make all reasonable efforts to return your items, failure of acceptance by subscriber will result in disposal/liquidation of stored items (See Keepr Storage PH’s Lien; Default).
Forfeiture of security deposit does not result in termination of obligation to pay the remainder of the subscription contract.
Default; Denial Of Access
You are required to make all rent payments and other payments when they are due. If you fail to pay rent or other fees on time, in addition to any other conditions, it means you are in “default” under this Agreement.
You may (at our sole discretion) be denied access to your items if you are in default.
If you end up late on your payments, we may accept a full or partial payment of the rent or other outstanding fees, either using the Card or via another payment method of our choosing and communicated to you in writing. However, our acceptance of a partial payment does not make up for you being late (legally it does not “cure your default or waive or stop us from pursuing our remedies discussed in this Agreement and at law”). A partial payment will not release your items from any failure to pay (“default”) under this Agreement. Remember: You will not be able to access your items when you are in default.
Keepr’s Lien; Default
Keepr Storage PH has a lien upon all personal property stored by you for outstanding rent, labor, or other charges, present or future, in relation to the personal property, and for expenses necessary for its preservation, or expenses reasonably incurred in its sale or other disposition as permitted by applicable law. Keepr Storage PH may enforce the lien by selling the personal property stored by you at a lien sale in accordance with applicable law. Keepr Storage PH will provide you with due and proper notice of the lien sale prior to its occurrence.
Changes To Our Policies
Terms That Survive
Some parts of these Terms will continue to operate even after your account is terminated. All provisions of these Terms that by their nature could reasonably survive termination, shall survive termination, including but not limited to, ownership provisions, warranty disclaimers and limitations of liability.
The failure by you or Keepr Storage PH to exercise any right under the Terms shall not form the basis for a waiver of that right.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder shall otherwise remain in full force and effect and enforceable.
Your rights under our Policies are not assignable, transferable or sublicensable without Keepr Storage PH prior written consent. Keepr Storage PH may transfer, assign or delegate its rights and obligations under our Terms without your consent.