1.DEFINITIONS

1.1   

“Applicable Law” shall mean any statutes, laws, regulations, ordinances, rules, judgments, orders, decrees, by-laws, approval from the concerned authority, government resolution, orders, directives, guidelines, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority having jurisdiction over the matter in question;

1.2   

“Application” shall mean the software application, dashboards, web and mobile applications, interactive user interface, hardware and related documentation which Tuckit provides to the User, including any updates thereof, whether hosted or made available locally or remotely, to enable Tuckit to provide the Service to the User.

1.3   

"Service" shall mean the service of providing temporary storage solutions by means of electronically or mechanically controlled secure lockers/pods at various locations through the Application, to the User by Tuckit as per these Terms.

2.USER ELIGIBILITY

2.1   

The Application and Service are available only to the User who can form legally binding contracts under the Applicable Law.

2.2   

The User must not be a minor as per Applicable Law i.e. User must be at least 18 (eighteen) years of age to be eligible to use the Application and Service. In the event the User is a minor, it is assumed that such User’s use of the Application and Service and these Terms have been agreed to by the legal guardian of the said User and that these Terms are legally binding.

2.3   

The User, while accessing or using the Application and Service, must follow and abide by the Applicable Laws. In the event of the User being found to be not eligible as per the Applicable Laws, Tuckit reserves the right to deny the Application and Service. Not with standing the foregoing, Tuckit at all times reserves the right to deny the Application and Service to the User.

3.CONSENT TO THE TERMS

3.1   

By clicking on the tab/button/checkbox of “Accept” or any other tab/button/checkbox of similar nature, subject to providing any information mandatorily required by the Application or Service, (i) You confirm your eligibility under Applicable Law to contract with Tuckit, (ii) you accept these Terms and the Privacy Policy as displayed on the Application, (iii) You consent to receive communications and information from us electronically (whether through SMS, emails, phone calls and automated phone calls), whether sent by e¬mail or other electronic means and (iv) You consent to obtaining and sharing of any information (including personally identifiable information) with our employees, agents, associates and third parties on a need-to-know basis or under terms of confidentiality, for the purpose of making available the Application and Service to You. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address/mobile number/details provided by you during the sign-up or accessing the Application or Service as per our records, or when we post the electronic communication on the Application.

4.REGISTRATION AND BOOKING

4.1   

In order to use the Services and the Application, You must:

4.2   

User on registration shall be allowed to select and book the required locker for the duration required by the user.

4.3   

Tuckit will send booking confirmation, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or booking made by the User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by the User at the time of booking.

4.4   

Pick-up Option- The User will have to select the method of Retrieval either using an OTP (One Time Password) or using an Passkey incase the Users stores the electronic device (including mobile phone).

4.1   

The User hereby unconditionally consents that such communications via SMS, OTP, internet-based messaging applications like WhatsApp, voice call, email or any other mode are:

5.USER ACCOUNTS

5.1   

Tuckit may collect User data including name, email-id, contact details, biometric information etc. to facilitate the Service by creating a unique account of the User or by identifying the User by any means as deemed fit by Tuckit. The collection, verification, audit and maintenance of correct and updated User information is a continuous process and Tuckit reserves the right, at any time, to take steps necessary to ensure User’s compliance with all relevant and applicable KYC requirements, if any.

5.2   

It is assumed that all information provided by the User for accessing and using the Application and the Service, is correct accurate and up to date. Tuckit may verify the information that User have provided and choose to refuse the Service without providing reasons. Also, Tuckit reserves the right to terminate its Service on account of misrepresentation of any information by the User.

5.3   

User account bearing details provided by the User are created and owned by Tuckit. Any access to the Application and the Service may be revoked without prior notice in the event of suspicious account activity or malafide intent/conduct of the User. In the case where the system is unable to establish unique identity of the User against the details provided to Tuckit, the Service may be denied to the User. Tuckit reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever.

6.LICENSE

Tuckit grants you a non-exclusive, non-transferable end user license right to accessand use the Application as per these Terms. Tuckit reserves all rights not expresslygranted to you in these Terms. The Application is protected by copyright and other intellectualproperty laws and treaties. Tuckit or its suppliers own the title, copyright and other intellectual property rights in the Application. The Application is licensed, not sold.

7.CONSENT TO USE OF DATA

By using the Application and/or the Service, you agree to the use of your information in accordance with the Privacy Policy available on the Application.

8.DISCLAIMER OF WARRANTIES

You acknowledge the Application is provided on "as is" basis and without warranty of any kind, express or implied, and to the maximum extent permitted by Applicable Law. Neither Tuckit, its licensors or affiliates, nor the copyright holders make any representations or warranties, express or implied, including but not limited to the warranties of merchantability or fitness for a particular purpose or that the Application will not infringe any third party Intellectual Property rights. There is no warranty by Tuckit or by any other party that the functions contained in the Application will meet your requirements or that the operation of the Application and the Service will be uninterrupted or error-free. You assume all responsibility and risk for the access and use of the Application and Service to achieve your intended results. Tuckit shall not be liable for inability of the User to access the Application or Service due to reasons beyond the control of Tuckit or due to reasons attributable to third parties such as power networks, mobile phone network, data system operators, landlords of the premises hosting the Service or any other third parties.

9.USAGE CONDITIONS

9.1   

Users agree to use the Application and Service only for purposes that are permitted by a) these Terms and b) any Applicable Laws as amended from time to time and being in force.

9.2   

By using the Application and Service; You agree not to:
(i)  Authorize others to use your account or the Service on your behalf (except for any third parties expressly authorized by User);

(ii)  Assign or otherwise transfer Your account to any third person or legal entity;

(iii)  Use the Application and Service for storage of perishable items which has short shelf life or for unlawful purposes, including but not limited to sending or storing any unlawful material, anti national materials, drugs, weapons, materials which has threat to the security of nation or for fraudulent purposes;

(iv)  Store any hazardous materials, including contraband, drugs, weapons, arms, or radioactive substances belongings, which can create any hazard or nuisance to Tuckit or to any of its customers

(v)  Impair the proper operation of the network and/or interfere with or disrupt the integrity or performance of the Application and Service;

(vi)  Reverse engineer or access the Application and Service in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Application and Service;

(vii)  Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and Service;

(viii)  Try to harm the Application and Service in any way whatsoever;

(ix)  Disclose information designated as confidential by Tuckit, without Tuckit’s prior written consent; and

(x)  Copy or distribute the Application and Service or other Tuckit content without written permission from Tuckit.

You are solely responsible for any breach of your obligations under these Terms (including financial obligations) and for the consequences (including any loss or damage which Tuckit may suffer) as a result any such breach.

You agree to defend, indemnify and hold harmless Tuckit, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Tuckit or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

9.3   

Payment Conditions
(i)  The Tuckit reserves the right to fix the charges for Services as it deems fit and revise the charges from time to time. The access to the Service is granted on ‘pre-paid’ basis i.e., the User will be required to pay charges as prescribed by Tuckit, in advance for the access to the Service. The charges as applicable from time to time, shall be displayed on the interface provided by Tuckit and the same shall be inclusive of goods and services tax. In case of GroupSubscription the service charges including applicable taxes will be paid by the group for and on behalf the members of the group for availing the Services by the members of the group. The members of group shall uses unique identity code provided to the group for uses of the Services under Group Subscription.

(ii)  In the event the User uses the Service for a time period in excess of the time period originally booked by the User for any reason whatsoever, the User shall be obligated to pay for such excess time period in order to access the Service.

(iii)  Users shall be entitled to make payments for the Service through payment gateways as authorised by Tuckit or Unified Payments Interface (UPI).

(iv)  In the event any other payment options are integrated with the Application or the Service, such payments option shall be made available to the User at the discretion of Tuckit.

(v)  Tuckit reserves the rights to proceed against you in any manner as Tuckit may deem fit (including but not limited to any court process) as per Applicable Law in relation to any amounts due.

(vi)  Tuckit shall not be liable (a) if any transaction does not fructify or may not be completed or (b) for any failure on part of the bank or the credit card or the third party site or agency to perform any of its obligations or (c) in respect of any loss or damage arising directly or indirectly arising out of the decline or acceptance of authorization for any transaction, for any reason whatsoever.

9.4   

User further agrees to:
(i)  Have understood the contract and terms and conditions laid therein with Tuckit for Application and Service usage and you have clearly understood the terms related to the Service;

(ii)  Use the Services for personal purpose only (applicable in case of individuals) or authorized purpose only (applicable to business entities, organizations and body corporate)and no sub-licensing of the Services is permitted;

(iii)  Use an access point or 3G/4G/5G data account and telephone networks which you are authorized to use;

(iv)  Keep account information confidential or any other identification provided by Tuckit which allows access to the Service and the Application;

(v)  Provide with proof of identity/contact details/address reasonably requested by Tuckit;

(vi)  Comply with all Applicable Law while using the Application and Service; and

(vii)  Not access or attempt to access the Service by any means other than through the interface that is provided by Tuckit.

(viii)  Access the Service as per timings and additional conditions prescribed by third-parties premises where the Service is offered.

(ix)  Use one pod/ locker for one mobile number and not to transfer the pod/ locker to any other person once Service is availed by User.

(x)  Use the pod/ locker to store or drop off one item per pod/ locker.

9.5   

The User shall be allowed to access the Service to keep the items under storage for not more than 24 consecutive hours, at one instance (“Time Limit”). The User shall be allowed to access the Service once for storage and once for retrieval, within the Time Limit. Tuckit shall alert the User regarding expiry of the Time Limit by way of SMS or electronic communication 30 (thirty) minutes prior to the expiry of the Time Limit (“Alert”)and provide the option to (a) extend the Time Limit by making payment for the extended Time Limit, beforeeach instance of such expiry or (b) retrieve the items placed under storage upon making payment for the Time Limit or the extended Time Limit, as the case may be. In case of early retrieval of item, there is no refund of the service charges.In the event the User fails to extend the Time Limit and retrieve the items placed under storage, Tuckit shall allow the use of Service for storage of items up to a maximum of 72 (seventy two) consecutive hours from the last Alert sent to the User (“Additional Time Limit”) and the User shall have the option to retrieve the items placed under storage within the Additional Time Limit upon making payment for the actual hours of usage of the Service.

9.6   

In the event the User keeps the items in storage under the Service, for a period exceeding the Additional Time Limit, Tuckit shall send an Alert to the User and provide the User with the following options – (a) removal of the items from the Service and retention of custody of the same by Tuckit for the purpose of collection of such items by the User at a later date as agreed by Tuckit and subject to an additional retrieval charge or (b) disposal of the items under storage, by Tuckit without any liability whatsoever to the User. Any failure on part of the User to elect the aforementioned options (a) and (b) within the prescribed time period, shall be deemed to be an authorization to Tuckit for disposal of the items under storage, by Tuckit without any liability whatsoever to the User.

9.7   

The applicable charges (except the additional retrieval charge) for access to the Service shall on half hourly basis on such rates as displayed by Tuckit on the interface provided to the User, from time to time, regardless of the actual time of usage of the Service.

9.8   

The User shall not be entitled to any refund for retrieval of the items under storage within the Time Limit or Additional Time Limit, as the case may be.

9.9   

Each User shall be allocated 4 (four) lockers/pods at a time as a part of the Service, and such User shall be allowed to place not more than 1 (one) item under storage in such lockers/pods.

9.10   

The User shall authorize to use only the locker/pod allocated to the User as a part of the Service and Tuckit shall not be liable for loss of or damage to items placed in a locker/pod not allocated to the User.

9.11   

The User shall be solely responsible for closing/locking the locker/pod after placing items under storage and Tuckit shall not be liable for loss of or damage to items placed in a locker/pod if the User fails to close/lock the locker after placing items under storage.

9.12   

Tuckit reserves the right to immediately terminate the Service and the use of the Application, should you not comply with any of the above terms.

9.13   

In the event the User is unable to access the Service or has reason to believe that the Service has malfunctioned or that the Service is affected adversely due to any technical issue which is directly attributable to Tuckit, the User may contact Tuckit at @ info@tuckpod.com

9.ARRANGEMENT BETWEEN YOU AND THE PAYMENT GATEWAY

10.1   

All payments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between You and the respective and the payment gateway.

10.2   

All online bank transfers from valid bank accounts are processed using the gateway provided by the third parties which support payment facility to provide these services to you. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between you and the third party.

11. NO LIABILITY FOR ITEMS IN STORAGE

The User understand and agrees the items placed in storage under the Service including Drop Off are at the sole and entire risk of the User and that by opting for the Service, the User shall not hold Tuckit liable or responsible in respect of any loss or damages cause to the items in storage under the Service or for any reason whatsoever including but not limited to the User's non-¬compliance with these Terms, malfunction, partial or total failure of any network terminal, data processing system, computer telecom transmission or telecommunications system or other circumstances whether or not beyond the control of Tuckit or any person or any organization involved in the above mentioned systems. Provided that the Tuckit will only be liable in the event the loss or damages cause to the items in storage under the Service are solely attributable to Tuckit (excluding perishable items or items required to be stored under special conditions e.g. temperature or humidity control).

12.MISUSE OF SERVICE

The User agrees to not access or use the Service and Application or any components or elements comprised in the Service and Application including but not limited to the lockers and pods, in contravention of these terms and Applicable Laws. The User agrees not to damage or cause harm to the Service or any components or elements comprised in the Service and Application or abandon the items placed in storage under the Service and holds Tuckit harmless in respect of the said items and indemnifies Tuckit in respect of any costs or liability arising upon Tuckit due to misuse of the Service or abandonment of items placed in storage under the Service or from any damage or harm to the Service and the Application or any components or elements comprised in the Service and the Application. Tuckit may communicate or contact the User in the event of abandonment of the Service or items placed in storage under the Service, not more than two times and if there is no response from the User, Tuckit shall not be liable for the items placed in storage under the Service.

13.SECURITY

The User understands and agrees that the Service is made available to the Users at third-party premises and shall be subject to security measures applied by Tuckit and such third-parties including but not limited to surveillance by means of close-circuit cameras to prevent instances of general vandalism and misuse of the Service and the User agrees and consents to abide by any such security measures by Tuckit or such third parties and agrees that such security measures do not constitute any infringement upon the privacy of the User.

We use administrative, technical and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

14.REFUND

The User shall not be entitled for refund of amounts paid in respect of the Service availed by the User wherein the User has used the Service for a time less than the time opted by the User. The User shall only be entitled to refund of any incremental amounts paid to Tuckit due to billing errors, within a period of 7 to 10 days from the date of the User raising a refund request with Tuckit.

15.COMPLIANCE WITH COURT OR GOVERNMENT ORDERS

In the event Tuckit is required to disclose the particulars of items under storage or grant access to the items under storage to any governmental authorities pursuant to any investigation process, court or government orders, Tuckit shall comply with such investigation process, court or government orders and shall not liable to the User for such disclosure or grant of access.

16.AUTHENTICATION

16.1   

In order to provide access to the Service to the User, Tuckit shall authenticate the User by means of sending one-time-password number (OTP) to the User or through biometric (fingerprint) identification of the User or through a passkey. In the event the User fails to submit the correct OTP or identify himself by means of biometric information or passkey by more than 2 (two) times and fails to authenticate itself, the access to Service shall be suspended for 2 (two) hours. The Service will only be resumed upon submission of the correct OTP or biometric identification or passkey to Tuckit by the User and payment of amounts due, if any, by the User. It is the responsibility of Customer to remember the passkey.

16.2   

The User shall have the option of nominating any other person on behalf of the User to access the Service, provided such access to the Service shall be granted by Tuckit only upon authentication of such person by means of sending one-time-password number (OTP) to the User. Upon authentication, any actions or inactions on the part of such person with regards to the Service or access thereof shall be deemed to that of the User and the User shall be wholly liable for such actions of inactions of the said person or any breach of these Terms by the said person. For the purpose of these terms, such other person shall be deemed to be the agent of the User and the User shall be liable for any actions of such other person. The User shall not share credentials with said person and shall ensure that all confidential information’s are kept confidential.

17.FORCE MAJEURE

Any delay or failure to provide access to the Application and Service hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. For the purposes of this Agreement, “Force Majeure” shall mean a cause or event that is not reasonably foreseeable or not otherwise caused by or under the control of the Party claiming Force Majeure, including acts of God, pandemic, fires, floods, explosions, riots, wars, hurricane, epidemics, sabotage, terrorism, vandalism, accident, restraint of government, governmental acts, change in government, injunctions, labour strikes, internet outage, power outage, network failure, failure of components/cables/subsystems and other like events that are beyond the reasonable control of Tuckit affected thereby, despite the Tuckit's reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to the Tuckit's failure to provide access to the Application and Service.

18.LIMITATION OF LIABILITY

It is agreed that Tuckit and its affiliates, employees, directors, agents shall not be liable, for any direct, indirect, incidental, consequential, punitive damages (including, without limitation, lost profits, cost of procuring substitute service, loss of opportunity), or any peril to the life and limb, however caused to the User, arising out of access to Application and Service. In the event of any loss or damages caused to the User due to actions solely attributable to Tuckit, the liability of the Tuckit shall be limited to the consideration paid by the User in relation to access and use of the Service.

19.SEVERABILITY

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then the remainder of this Agreement shall remain in full force and effect. In the event any such provision previously held to be invalid, illegal, or unenforceable, is thereafter held by a court of competent jurisdiction to be valid, legal, or enforceable, then said provision shall automatically be revived and incorporated into this Agreement.

20.GOVERNING LAW AND JURISDICTION

This Agreement, all transactions executed hereunder, and the legal relations between the Parties shall be governed and construed solely in accordance with the laws of India and the courts of Bengaluru shall have exclusive jurisdiction.

21.ENTIRE AGREEMENT

TheseTerms along with the Privacy Policy available at www.tuckpod.com, constitute the complete and exclusive understanding and agreement of the Parties and supersede all prior understandings and agreements, whether written or oral, with respect to the subject matter herein.

22.TERMINATION

These Terms are effective until terminated. Your rights under these Terms will terminate automatically without notice from Tuckit if you fail to comply with these Terms. Upon termination of these Terms, you must cease all use of the Application and Service. If you wish to terminate these Terms, you may discontinue the access and use of the Application and Service.

23. CHANGES TO THE TERMS

Tuckit may vary or amend, modify, or change the Terms at its discretion and without any notice or cause, at anytime, periodically, without the Users consent. By continuing to use any Service after any amendment,modification, or change, the User has agreed to be bound by all such amendments, modifications, and changes. The User must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to the Terms, Tuckit will post a notification on the Application.