Terms of Use

1. INTRODUCTION

(a) Please read these Terms of Use carefully before using urbansquirrel.com. They form a legally binding agreement between you (“you”, “your”, the “User”, the “Spacer” or the “Storer”) and Urban Squirrel Ltd, whose registered company number is 13435858 (“we”, “us”, “our”, or “Urban Squirrel”) which governs your use of this website (the “Website”) and our services.

(b) By registering your details with Urban Squirrel or otherwise on the Website or using any services provided by Urban Squirrel (the “Services”) in any way, you agree:

(I) to be bound by the following terms of use (the “Terms of Use"); (ii) to inform Urban Squirrel of all Bookings undertaken; and (iii) to pay all relevant fees.

(c) If you do not accept all the Terms of Use you must not use or access the Website. Urban Squirrel reserves the right to amend these Terms of Use from time to time without notice. You will be deemed to have read and accepted these Terms of Use, including any changes, each time you use the Site.

(d) The Services are provided to facilitate the exchange of Bookings between users of the Website.

(e) “Booking” means the provision of private Storage/Parking Space by Users advertising such space (“Spacers”) to Users storing items in such space (“Storers”). Urban Squirrel’s principal function is to provide advertising space. Urban Squirrel is not a rental agent or property broker.

(f) Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended Users. If you do not qualify, please do not use our Services. If you are registering as a business entity, by agreeing to these Terms of Use you represent that you have the authority to bind that business entity to these Terms of Use.

2. DEFINITIONS

(a) “Booking” means an arrangement for storage or parking between a Spacer and a Storer.

(b) “Booking Agreement” means the standard contract for a Booking which is supplied by Urban Squirrel for signature by a Spacer and a Storer. Urban Squirrel shall not be party to the Booking Agreement. A Booking will only be made once an up-to-date Booking Agreement is fully completed and signed by the parties.

(c) “Commission” means an amount equal to a percentage of the Fee that’s charged by Urban Squirrel for the provision of the Services.

(d) “Fee” means the total amount payable by the Storer for a Booking, and includes the Price plus the Commission.

(e) “Guarantee” means the guarantee of compensation for loss or damage provided to Signatories by Urban Squirrel whose conditions, limitations and exclusions are set out in clause 7 of these Terms of Use.

(f) “Storer” means the person paying the Price and utilising a Storage / Parking Space to store items or park a vehicle(s) belonging to them or under their control.

(g) “Spacer” means the person advertising via the Website and providing a Storage/Parking Space in order for the Storer to store their items or park their vehicle(s).

(h) “Listing Address” means the premises containing the Storage/Parking Space which is the subject of a Booking.

(i) “Payment Processor” means third-party electronic payment system made available by Urban Squirrel to Users on the Website.

(j) “Price” means the amount charged by the Spacer for use of the Storage/ Parking Space

(k) “Prohibited Items” means items which may not be stored under these Terms of Use under any circumstances, and which are set out in clause 3.d.

(l) “Qualifying Loss” means loss or damage occurring during the period of validity of a Booking:

(i) if claimed by the Spacer, to the structure, fixtures and/or fittings of the premises which they own;

(ii) if claimed by the Storer, to items owned by the Storer and stored at the Listing Address.

(m) “Registration Details” means the information used to identify each unique User, comprising a User identification number, an email address and a phone number.

(n) “Signatory” means a signatory to a Booking Agreement. A Signatory may be either a Spacer or a Storer.

(o) “Storage/Parking Space” means the physical space at the Listing Address in which items are stored or vehicles are parked under a Booking Agreement.

(p) “Stored Goods” means the goods and items to be stored or vehicles parked under a Booking.

(q) “Structural Damage” means damage of any kind to the structure, fixtures and fittings of the physical premises.

(r) “Structural Damage Incident” means an incident causing Structural Damage to the Storage/Parking Space or Listing Address, and may comprise one or more discrete instances of damage or loss, as long as they have a causative element in common. Urban Squirrel reserves the absolute right in its sole discretion to determine what constitutes a Structural Damage Incident in practice, what was the cause of such Incident, and whether damage was caused by one single such Incident, or multiple Incidents.

(s) “User” means any and all Storers and Spacers, or users of the Website and/or the Services.

3. OBLIGATIONS OF ALL USERS

(a) Registration with the Website requires the User to complete either the Spacer sign-up process or the Storer sign-up process, which constitute the “Registration Details” of your User account.

(b) Any User of Urban Squirrel is responsible for all activity carried out on the Website. If you discover or suspect that any of your personal details are known by a third party or are being used without authorisation, you must tell us immediately via email at info@urbansquirrel.com.

(c) Urban Squirrel provides Storers and Spacers with a template Booking Agreement on the Website, for the purpose of recording the logistical and other details of each Booking. All Storers and Spacers undertaking a Booking must fill in the details and, following signature by both the Spacer and the Storer, provide Urban Squirrel with a signed copy of the completed Booking Agreement, which may be scanned and sent via email to info@urbansquirrel.com. It is a condition of the Guarantee that Urban Squirrel receives a copy of the applicable Booking Agreement signed by both parties within seven days of signature, and failure to comply with this requirement will invalidate the Guarantee.

(d) Prohibited Items

(i) The following items may not be stored under a Booking under any circumstances: toxic, hazardous, polluted, radioactive or contaminated goods; firearms, munitions, weapons or explosives; radioactive materials; flammable or hazardous goods including petrol, gas, oil, paint, white spirit or lighter fluid; living or dead plants, animals, insects, fungus or bacteria; food, drinks or perishable goods including fruit, vegetables, meat or cheese; anything damp, mouldy, rotten or infested with or damaged by parasites; any item which emits any fumes or strong odour, produces gas or leaks liquid; cash and securities; illegal goods including any class of drug, drug paraphernalia or stolen property; waste; any item which creates noise, generates heat, increases in size or may burst; liquid of any type; or any item whose presence would invalidate any insurance policy which would otherwise cover the items or the Storage/Parking Space. For the avoidance of doubt, no actual person may be housed in a Storage/Parking Space.

(ii) In the event that the other party to a Booking makes a claim under the Urban Squirrel Protection Guarantee, you agree to cooperate promptly and fully with all reasonable requests from that party in relation to that claim. In practice, and without limitation, this may mean responding to requests for information or documents, or allowing inspection of the Storage/Parking Space or Stored Goods.

(4) ADDITIONAL OBLIGATIONS OF THE SPACER

(a) The Spacer must provide details of the Storage/Parking Space, along with any conditions of storage or parking they wish to apply, on the listing page of the Website. Such description may include text, graphics, pictures and other relevant content and should include details like size, location, security, and access offered. All descriptions and information provided must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief. In the event that the Storage/Parking Space becomes unavailable for any reason, you agree to inform Urban Squirrel that you wish to suspend your listing.

(b) The Spacer will comply with the access and security arrangements set out in the Booking Agreement.

(c) The Spacer will use reasonable efforts to protect and maintain the security of the Stored Goods and ensure that they remain undisturbed and in any case take at least equivalent security precautions in relation to the Stored Goods as the Spacer does with his/her own property at the same premises.

(d) If terminating the Booking Agreement early for reasons other than a breach of these Terms of Use by the Spacer, the Spacer will give notice to Urban Squirrel and the Storer in line with the Urban Squirrel Cancellations & Refunds Policy. Urban Squirrel reserves the right to suspend the User account of any Spacer who in Urban Squirrel’s opinion terminates a Booking Agreement early without good reason.

(e) It is the responsibility of the Spacer to ensure that advertising their Storage/Parking Space via the Website will not breach or invalidate any applicable mortgage, insurance or other agreement or policy. As such, it is a Spacer's responsibility to check the terms of any such agreement or policy before advertising your Storage/Parking Space.

(f) The Spacer must be legally permitted to advertise the Storage /Parking Space on the Website. It is the responsibility of the Spacer to investigate the legality of making the Storage/Parking space available to other people.

5. ADDITIONAL OBLIGATIONS OF THE STORER

(a) Under no circumstances shall the Storer store any Prohibited Goods in the Storage/Parking Space.

(b) The Storer undertakes to pay the Fee promptly, fully and in good faith and using Urban Squirrel’s Payment Processor.

(c) The Storer agrees to offer reasonable compensation to the Spacer in the event of damage to the Storage/Parking Space and/or Listing Address caused by the Stored Goods, by any negligent act or omission of the Spacer, or by having stored any Prohibited Items. Reasonable compensation will normally mean paying for reasonable repairs, or replacement where the Storage / Parking Space and/or Listing Address or part thereof is damaged beyond repair.

(d) The Storer will only use the Storage/Parking Space for the purpose of temporary storage or parking of Stored Goods in accordance with these Terms of Use and not attempt to use it for any other purpose, or make any permanent physical changes to it, or do anything that will interfere with the Spacer’s reasonable enjoyment of the rest of the premises.

(e) The Storer will remove the Stored Goods from the Storage/Parking Space upon request by the Spacer, provided that the Spacer or Urban Squirrel has provided notice to the Storer in line with the Urban Squirrel Cancellations & Refunds policy. If the Storer doesn’t remove their Stored Goods within the notice period specified, clause 12.2 will apply.

6. FEES

(a) Listing a Storage/Parking space and making an enquiry to store or park with a Spacer are free.

(b) All financial transactions between Storers and Spacers will be processed by the Payment Processor. By using the Payment Processor, you confirm that you have read and agree to the Terms of Use applying to the Payment Processor.

(c) Your Fee comprises the Price (payable to the Spacer) and the Commission (payable to us). The Commission comprises two parts: Spacer Commission and Storer Commission.

(i) The Spacer Commission is set to 5% (incl. VAT) of the Price charged by the Spacer for use of the Storage/Parking Space.

(ii) The Storer Commission is set to 15% (incl. VAT) of the Fee.

(d) The Payment Processor will process payments to both the Spacer and to Urban Squirrel.

(e) The Storer expressly agrees that all fees and charges for all Bookings must be transacted via the Payment Processor. Under no circumstances may the Spacer solicit or accept payment of fees or charges related to a Booking in cash or via direct bank transfer or another means of payment. Similarly, under no circumstances may the Storer offer or attempt to pay for a Booking other than via the Payment Processor. Any breach of this clause may result in deletion of your User account and a claim by Urban Squirrel against you for the Commission that would have been due to Urban Squirrel had the Booking been conducted in accordance with these Terms of Use. In such event, all Users hereby agree that Urban Squirrel shall be entitled to deduct any such amount due from the Price to be paid to the Spacer, and all Storers agree to reimburse Spacers for the Storer share of any such deduction by Urban Squirrel.

(f) Non-payment of Fees:

(i) If the Storer fails to pay any Fees on their due date, Urban Squirrel or the Spacer may deny him/her access to the Listing Address or Storage/Parking Space, and may move the Stored Goods at its discretion. If the amount due is not paid in full within 30 days, Urban Squirrel may issue a written notice to the Storer (at the email or postal address given on the Booking Agreement) of Urban Squirrel or Spacer's intention to dispose of the Stored goods as Urban Squirrel or Spacer sees fit under these Terms of Use. The amount due will still be owed by the Spacer after this point in addition to any clearance fees. The debt may be passed to a debt collection agency and any fees associated with this debt collection, including legal costs, will also be owed by the Spacer.

7. URBAN SQUIRREL PROTECTION GUARANTEE

(a) Urban Squirrel guarantees to pay an amount in compensation for loss of damage to your property, subject to the limitations, exclusions and conditions contained in this clause 7. You should carefully read all of this clause before entering into a Booking to ensure that you do not do anything which will invalidate the Guarantee.

(b) YOU ACKNOWLEDGE AND AGREE THAT IN ALL CASES, URBAN SQUIRREL WILL DECIDE IN ITS SOLE DISCRETION WHETHER ANY CLAIM MADE PURSUANT TO THIS CLAUSE MEETS THE CONDITIONS IMPOSED BY THIS CLAUSE, AND WHAT EXCLUSIONS AND LIMITATIONS APPLY, AND URBAN SQUIRREL’S DECISION ON SUCH MATTERS WILL BE FINAL AND BINDING. You further acknowledge and agree that:

(i) We reserve the right to withdraw the Guarantee at any time before a claim is made, and following withdrawal no new claims will be considered;

(ii) The Guarantee is intended to promote use of our services by encouraging users to formalise their arrangements. The Guarantee is a guarantee of responsibility between users and is not an offer to insure your property and does not constitute a contract of insurance.

(iii) In order to be eligible for consideration for a Guarantee payment, you must be compliant with the following conditions at all material times. If, in Urban Squirrel’s reasonable opinion, you are not fully compliant with each requirement in this clause, or if you cease to be so compliant at any time during the process of invoking the Guarantee (for example by receiving an insurance payment), the Guarantee will be invalid and no payment will be made to you. If you do not wish or are unable to comply with any of these conditions, you should inform us and the Guarantee will not apply to you.

(iv) Both Signatories of the Booking giving rise to the claim must be private individuals, regardless of which Signatory has suffered the claimed loss or damage. For the avoidance of doubt, the Guarantee will not apply where either Signatory is a business or a non-commercial organisation or entity.

(v) You must:

1. have suffered loss or damage to property during the period of validity of a Booking; be 18 or over and a registered User of Urban Squirrel;

2. be a Signatory to the Booking giving rise to the claim;

3. have sent or received all payments using the Payment Processor in respect of that Booking; not have committed a material breach of any of these Terms of Use, and

4. if you are the Spacer, be a policy holder for a valid contents insurance policy covering the Listing Address and Storage/Parking Space against accidental damage and theft.

(vi) You must have indicated your agreement with the Booking Agreement.

(vii) You must be either:

1. in the case of Spacer, the owner or mortgagee or contracting tenant of the Listing Address,

or

2 in the case of Storer, the owner of all the goods in respect of which the Guarantee is to be invoked.

(viii) You must have used your best efforts to resolve the situation and recover your losses:

1. initially, with the other Signatory by mutual agreement as to liability and appropriate compensation and with reference to the Booking Agreement;

2. where theft or criminal damage is suspected or alleged, by contacting the police and, following the outcome of any criminal investigation, making any claim for compensation to any insurer or other body (including without limitation government bodies or schemes) which is or becomes available following such investigation; and

3. by making a claim or claims to any and all existing insurers (including without limitation household insurers) and pursuing them to their official conclusion.

(ix) You must not have received any payment of any amount whatsoever from any insurer or the other Signatory or any other third party in respect of the loss for which you are claiming.

(x) You must not have made any claims under this clause:

1, within a period of 12 months preceding the date on which you submit your claim; or

2. which relate to any loss or damage occurring within 12 months of the loss or damage claimed for.

(xi) You must be prepared:

1. to disclose relevant communications from your insurance company to us (to the extent that you are permitted to do so under any confidentiality obligations) including without limitation correspondence regarding any claims you make against any insurance policy in respect of the loss or damage claimed for; and

2. at Urban Squirrel’s discretion, to submit a Data Access Request at your own cost to fraud prevention agencies or insurance information exchanges such as the Central Underwriting Exchange and to disclose all information received to us except where we agree that any part of such information is not relevant.

(xii). Urban Squirrel must not have any reason to suspect you of dishonesty. For the avoidance of doubt, the Guarantee will not apply and your User status suspended where Urban Squirrel discovers or reasonably suspects:

1. based on information received from any relevant, reputable source (including without limitation the police or any government or regulatory body), that you are intending or attempting to abuse the Guarantee;

2. that you have been involved in any fraudulent or illegitimate activity related to false insurance claims or similar dishonesty; or

3. that any loss or damage which would otherwise be covered by the Guarantee was the result of any illegal or dishonest act or omission by you.

(xiii) You must cooperate fully with all investigations and requests made by Urban Squirrel in carrying out its investigations and obligations under this clause.

(c) Financial limits of the Guarantee.

(i) Subject to the limitations, exclusions and conditions contained in this clause 7, Urban Squirrel will pay up to a maximum of £2,000 to repair or replace (at our discretion) your property damaged or destroyed as a result of a Qualifying Loss. Replacement items will be valued at their actual cash value, that is their current market value minus wear and tear. The sentimental value of items shall not be relevant to their valuation. Structural damage to the Storage/Parking Space or Listing Address will be subject to a limit for all damage caused of £500 per Structural Damage Incident, and a maximum of £2,000 overall.

(d) Process of invoking the Guarantee.

(i) Failure to comply with the deadlines in this clause will invalidate the Guarantee. You must notify Urban Squirrel via email and request a claim form, which must be completed within seven days of discovering the loss or damage for which you wish to invoke the Guarantee. You must cooperate in supplying all evidence of your identity, address, and loss or damage suffered as we reasonably require. Where criminal damage, theft or other criminal activity is suspected, you must have notified the police within 48 hours of discovery and before you notify us, and when you notify Urban Squirrel you must provide a crime reference number. You will be asked to complete an online questionnaire/checklist to allow us to assess your compliance with the conditions in clause 7.3 and assess whether your claim is excluded under clause 7.8 or otherwise ineligible for consideration. We will contact you within three working days to advise whether your claim is eligible for consideration, giving you one of three responses:

1. “Claim Invalid”, meaning that your claim is not covered by the Guarantee for the reason(s) stated;

2. “Claim Pending”, meaning that your claim is on hold until the steps outlined in the response are taken and pursued to a conclusion. This will normally mean that the outcome of a claim against insurance or a criminal investigation is awaited. It is your responsibility to maintain contact with the police, Crown Prosecution Service and/or insurance company to follow the process of the investigation, criminal proceedings or claim. When you consider that the outcome is apparent, you may resubmit your claim, and the process described in clause 6.4 will be repeated; or

3. “Claim Eligible”, meaning that we are prepared to consider your claim and you have 30 days from receipt of our response to follow the steps in clause 7.d.

(ii) If our response to the process described in clause 7.5 is that you have an Eligible Claim, you must submit a full claim within 30 days of that response. A full claim must include:

1. A statement signed by you confirming that the information in the claim is true to the best of your knowledge and belief;

2. A complete description of the loss or damage suffered, including dates (which may be estimated where exact dates are impossible to confirm), nature and cause thereof, and including proof of ownership, date of acquisition, physical condition and supporting evidence such as receipts, inventories, quotes for repair work, plus the claimed value of any high-value items lost or damaged;

3. Where you are the Spacer, evidence of your ownership or tenant status with regard to the premises;

4. A statement giving full details and dates of what, if any, action you have taken to resolve the matter, including without limitation negotiations with the other Signatory, claims against insurance policies and police reports, and all communications with the foregoing, including responses received;

5. A declaration as to whether any insurance policy or security deposit or other potential avenue of recovery applies. If an existing insurance policy or other mechanism exists but does not apply, the reasons must be given. If they do apply, evidence must be supplied that the process of claiming has been initiated and the claim to Urban Squirrel may then be put on hold until such process is concluded.

(iii) Upon receipt of a full claim, Urban Squirrel will evaluate it before making a decision as to whether to make a payment under the Guarantee. Except in exceptional circumstances or those beyond its control, Urban Squirrel will make a decision within 90 days of receipt of the full claim. As part of its evaluation of the full claim, Urban Squirrel may do any of the following, in its sole discretion:

1. Require you to submit a Data Access Request to fraud prevention agencies or insurance information exchanges such as the Central Underwriting Exchange and to disclose the results to us;

2. Require the Signatories to participate fully in mediation (conducted either, at Urban Squirrel’s discretion, by Urban Squirrel or an independent mediator), and you hereby agree to do this in the event that a full claim is made under any Booking in respect of which you are a Signatory of the Booking Agreement;

3. Obtain a valuation of any item or items claimed for from an independent expert;

4. Obtain a loss assessment from an independent expert where we believe it to be necessary. Such experts may include without limitation lawyers, surveyors and pest controllers.

5. Require you to obtain up to three quotes for repair work;

6. Make requests for further information from the other Signatory, insurance companies, the police or other authority (including local authorities), or other relevant parties (such as neighbours or witnesses to any incident out of which the claim arises). As a signatory to a Booking, you hereby agree to use your best efforts to facilitate such investigations, including giving your permission for information to be released to us where we reasonably require this, and including where the person making the full claim is the other Signatory to a Booking in respect of which you have signed a Booking Agreement;

7. Conduct interview(s), either ourselves or via a representative, with either Signatory or with any relevant third party, and you hereby agree to use your best efforts to facilitate such activity.

8. Inspect (either ourselves or using an expert to carry out the inspection on our behalf) any damaged items or any remaining Stored Goods or the Storage/Parking Space or Storage Premises upon reasonable notice; and/or

9. Pay a sum under the Guarantee, or refuse to do so, giving reasons for the decision.

(e) Exclusions.

(i) The Guarantee does not cover or apply to:

1. Any Booking in respect of which there is not an inventory signed by both Spacer and Spacer in which all items valued at over £500 are individually listed;

2. Any loss or damage not reported in accordance with clause 7.5 within 30 days of the end of the storage period of the relevant Booking;

3. Any loss or damage in excess of any limit set out in clause 7.4 arising out of one or more Bookings entered into by the claimant;

4. Items damaged in transition. The phrase ‘damaged in transition’ includes without limitation damage occurring while

(a) personally transporting items to and from the Storage / Parking Space, or

(b) storing, packing and organising a Storage/Parking space at any time during the period for which the Booking is valid.

5. Damage to Stored Goods, or to the premises by Stored Goods, which were not packed reasonably safely and securely, or which were stored in a way that made it reasonably foreseeable that damage to the items or the premises could occur. By way of example, none of the following would be covered: fragile glass items in cardboard boxes with weighty boxes placed on top of them, unprotected photos stored in a damp environment, or items made of cloth packed in an unsealed bag, heavy items placed in areas unable to bear their weight, or items that rust due to a damp environment;

6. Damage caused by reasonably foreseeable and preventable occurrences (including without limitation fire or burst water pipes) where either Signatory failed to take reasonable measures to prevent or limit such damage. By way of example, failing to repair faults in the structure or fittings at the premises or failing to fit smoke alarms at the premises;

7. Currency, money, precious metal in bullion form, notes or securities; jewellery; works of art or antiques valued at or above £500; documents which would be costly or difficult to replace, including without limitation passports or original versions of business contracts, deeds, and certifications or qualification;

8. Theft of or damage to any item valued above £500 in respect of which the Spacer cannot provide an inventory listing that item and signed by both Signatories plus at least one of the following to Urban Squirrel’s reasonable satisfaction:

(a) proof of purchase of that item;

(b) an email actually sent or received and dated on or before the date of the Booking Agreement, containing a photograph or video of the item; or

(c) any other evidence which demonstrates proof of ownership and/or value;

11. Theft or malicious or criminal damage to items where the Spacer is not a suspect and

(a) which is not reported to the police within 48 hours of an innocent Signatory becoming aware of it, and in any event within 30 days of the end of the Booking period, or

(b) where efforts to recover the value thereof (whether via criminal compensation schemes or from existing insurance policies) have been unsuccessful;

12. Any loss or damage

(a) to or caused by Prohibited Item(s) knowingly stored, or

(b) to any items or property claimed in respect of any Booking where Prohibited Item(s) were knowingly stored. For the avoidance of doubt, the presence of Prohibited Item(s) will automatically preclude any claim by the Spacer against the Guarantee, and may preclude any such claim by the Spacer where Urban Squirrel reasonably suspects that the Spacer was aware of such presence, regardless of whether the claimed loss or damage was caused by or related to the presence of such Prohibited Item(s);

13. Damage caused by Stored Goods to goods or chattels owned by the Spacer. The Guarantee only covers damage to the fixtures, fittings or structure of the premises;

14. Damage caused by or attributable to ordinary wear and tear;

15. Any injury to or illness or death of any person arising out of the Booking, or any claim based on the occupier’s liability of the Spacer. Such events must be claimed for and/or litigated outwith the Guarantee scheme;

16. Any loss or damage caused directly or indirectly by an event of Force Majeure. These include without limitation earthquake, storm, adverse weather conditions or natural physical disasters, power failures, epidemics, labour disputes, riot or civil disorder, war, acts of terrorism, or acts of God;

17, Any loss or damage suffered as a result of the theft or misuse of personal data or identity;

18. Non-payment of any part of the price or any other monies owed by the Storer to Urban Squirrel and in turn the Spacer. Urban Squirrel shall continue to pay the Spacer in such circumstances and look to reclaim any unpaid funds from the Spacer. This offer does not form part of the Guarantee scheme; or

19. Indirect losses of any kind, including without limitation loss of profit, goodwill, or business.

(f) Modifications and Cancellation of the Guarantee

(i) Urban Squirrel reserves the right to modify or cancel the Guarantee at any time and at its discretion.

(ii) In the event of cancellation, no new claims will be permitted, but any claims under the Guarantee which are already in process (that is, the online form has been sent to us) will be considered in accordance with the version of this clause 7 in effect at the time of submission of the form.

(iii) Where Urban Squirrel modifies the Guarantee, we will display a notification on the Site and your continued use of the Website or services will indicate your acceptance of the modification

8. LIABILITY AND INDEMNIFICATION

(a) Urban Squirrel's liability for matters in relation to which liability by law cannot be excluded or limited shall not be excluded or limited and the rest of these Terms of Use shall be subject to this proviso.

(b) Urban Squirrel provides the Website and the Services on an ‘as is’ and ‘as available’ basis. All conditions, terms, representations and warranties that are not expressly stated in these Terms of Use, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.

(c) Urban Squirrel gives no warranties, conditions, guarantees or representations in relation to the Website or Services:

(i) as to the completeness or accuracy of any advice and information contained on or sent or received from the Website or any website to which it is linked;

(ii) of any particular result or outcome of using the Website or Services, or that either will meet your requirements; or

(iii) that the Website or Services, and content on the Website or the server that makes it available are error- or virus-free or free of other harmful components or that your use of the Site will be uninterrupted, timely, secure, or error-free.

(d) All Booking arrangements are carried out entirely at your own risk. Urban Squirrel and its officers, directors, investors and employees excludes to the fullest extent permitted by applicable law all liability for any claims, demands, damages, losses, costs and expenses, arising out of or in any way connected with any Booking, any other arrangements that User(s) may have made in connection with this Website, or the User’s use of the Website.

(e). You rely on information provided by other Users at your own risk. Urban Squirrel will endeavour to vet Spacers and Spacer through the use of Onfido background checks and Spacer inspections (either in person or via video conference), however Urban Squirrel cannot control, endorse, approve or check the availability, condition or nature of advertised Storage/Parking Space or the accuracy, currency, truth or completeness of the information provided by Users of the Website and it is your responsibility to do this and to take any other necessary precautions before arranging or carrying out a Booking. You should use caution, common sense, and practice safe trading when using the Website.

(f). Subject to clause 7, you use the Booking Agreement(s) provided at your own risk. Urban Squirrel does not accept liability for any loss, expense, claim or damage of any nature arising directly or indirectly out of your use of the Booking Agreement(s) that may be provided on the Website from time to time. Users are advised that such Booking Agreement(s) are to be used as a guide only and Urban Squirrel offers no warranties, guarantees or representations, express or implied, as to their accuracy or appropriateness, fitness for a particular purpose, freedom from error or omission, or that they will meet the individual requirements of any User.

(g). You agree to indemnify Urban Squirrel from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising directly or indirectly from your breach of any of your obligations under these Terms of Use.

9. INFORMATION SUPPLIED BY URBAN SQUIRREL

(a). By uploading or submitting any information or material to the Website, the User automatically grants Urban Squirrel a royalty-free, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part). The User acknowledges that Urban Squirrel is not obliged to publish any material submitted by the User.

(b). You must not upload any information, content or material which:

(i) Is false, inaccurate or misleading;

(ii) Breaches any law, statute, ordinance or regulation;

(iii) Is offensive, menacing, abusive, defamatory, harassing, racist, sexist, homophobic or obscene;

(iv). Breaches any copyright, trademark or other intellectual property rights, whether belonging to Urban Squirrel or to any third party;

(v) Violates the privacy or other personal rights of others, causes a nuisance, inconvenience or anxiety to any person, or impersonates another person;

(vi) Contains viruses, Trojan horses, worms, time bombs, bots, spiders, crawlers or any other pieces of code that may damage, modify, delete, interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; or

(vii). Creates liability for Urban Squirrel or causes it to lose (in whole or in part) the services of its ISPs or other suppliers.

(c). Advertisements or listings may be disabled or removed at our discretion for reasons including but not limited to the following:

(i) Obvious plagiarism

(ii) Feedback from other User(s) about the accuracy of the listing or doubts about the owners integrity

(iii) Offers to store any Prohibited Items

(iv) Empty or an unhelpful description

(v) Unrealistic pricing

(vi) False information

(vii) Illegal or inappropriate use

(viii) Intent to avoid paying the correct Fee

(ix) Any issues relating to payment of fees

(x) Breach of clause 9.b above

(d) Without limiting any other remedies available to Urban Squirrel at law, in equity or under these Terms of Use, Urban Squirrel may, in its sole discretion, suspend or terminate your account if Urban Squirrel suspect that you have engaged in fraudulent, illegal or inappropriate activity, or activity which breaches these Terms of Use, in connection with the Website and the service provided. Urban Squirrel may remove and/or ban advertisements listed by you.

(e) If you are suspected to have used the Website or our Services either directly or indirectly to undertake any illegal or criminal activity, we will not hesitate in passing on your full details and IP address to the Police. Please see our Privacy Policy.

10. Your Use of Other Users' Information

(a) Urban Squirrel allows Users limited access to other Users' contact information for the purpose of providing its services. You agree to not under any circumstances disclose personally identifiable information about another User to any third party without first obtaining our consent and the consent of such other User. You also agree to reply to messages as soon as practicable and ideally within 48 hours of receipt.

(b). You agree that, with respect to other Users' personally identifiable information that you obtain through the Website or through a Website communication or Website-facilitated transaction, and unless the other User agrees otherwise in writing; you will only use such information:

(i). For Website-related communications that relate to a Booking; or

(ii). In the course of using services offered through the Website, or for complaints; and

(iii) In accordance with applicable laws and regulations, including without limitation data protection and privacy laws.

(iv) Urban Squirrel does not tolerate spam or unsolicited commercial communications and Users shall not make unsolicited contact to the other Users of the Website except as expressly envisaged by these Terms of Use.

(v). We reserve the right to monitor messages sent via the Website for the purposes of research, training or identifying any breach of these Terms of Use.

11. BREACH

(a) Urban Squirrel has the right to limit your activity on the Website, immediately issue a warning, suspend or terminate your User registration or any of your listed Storage / Parking Spaces and refuse to provide any of the Services to the User without notice to the User for any of the following reasons:

(i) the User breaches these Terms of Use;

(ii). if Urban Squirrel is unable to verify or authenticate the User Information provided to us to our satisfaction;

(iii) if Urban Squirrel believe that the User’s actions may cause the Website legal liability or financial loss; or

(iv). if Urban Squirrel in its sole discretion believes it is in the best interest of the Website and other Users.

12. TERMINATION OF BOOKING AGREEMENT

(a) Where contracting as a Storer, you agree to remove all Stored Goods from the Storage/Parking Space at the Spacer’s property within 24 hours of the end of the Booking period, the final date for which the Fee has been paid, or termination of the Booking Agreement, as applicable.

(b). You further agree that in the event that you fail to remove Stored Goods in accordance with this clause, the Spacer/Urban Squirrel shall be entitled upon giving six weeks’ notice to you, to remove, destroy or sell the Stored Goods. Urban Squirrel is entitled to charge you pro rata for such six week notice period and to remove, destroy or sell Stored Goods without further notice if payment is not received by the end of the notice period.

(c). Where contracting as a Spacer, you agree that if the Storer does not collect their belongings or extend the Booking Agreement you will be given a six week notice before being entitled to take the actions described in 12.b above. In the event that you receive notice that the Storer has died during the storage period, you agree to allow a further period of two weeks (being eight weeks’ notice in total) before taking any such action. You further agree that in the event of your death, your heirs and/or executors will give at least two weeks’ notice of termination to the Spacer, after which clause 12.b will apply.

13. PRIVACY

The Website has a Privacy Policy, which forms part of these Terms of Use. You must read and agree to the Privacy Policy prior to using the Website.

14. INTELLECTUAL PROPERTY

(a). he Website and all intellectual property belonging to or associated with Urban Squirrel, including any trademark or trade name, logos and software, and all content on the Website (including, but without limitation, text, graphics, videos, music, sound, links, and software) is and remains at all times the property of Urban Squirrel and/or is used under licence from its suppliers and is protected under international treaty provisions and world-wide copyright laws and you agree that you will not infringe any such rights in any way.

(b). Except as expressly permitted by these Terms of Use, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any content in any way or on any medium (including other websites) without our prior written consent. Nor do we grant any express or implied right to you under any of our trademarks, copyrights or other proprietary rights.

(c). Urban Squirrel’s logo and any other image on the Website which bears Urban Squirrel’s name are trademarks of Urban Squirrel. They may not be used without our prior written consent.

(d). All information and content uploaded or otherwise sent, by any means, by you to the Website or Urban Squirrel or to other Users must not infringe any third party’s intellectual property or any other legal rights. You agree and warrant that you own or have permission from the owners to use any information or content you upload or send in the manner and for the purposes that you upload or send it.

(e). When you upload or send information or other content to or via the Website, you grant Urban Squirrel a worldwide, royalty-free, sub-licensable, non-exclusive licence to reproduce, edit, transmit and publish the information or content for the purposes of these Terms of Use.

15. THIRD PARTY RIGHTS

(a). The Terms of Use and the documents referred to in it are made for the benefit of the parties and their successors and permitted assigns and are not intended to benefit, or be enforceable by, anyone else.

(b). If the Website includes Google Maps features and content. Use of Google Maps features and content is subject to the Google Maps/GoogleEarth Additional Terms of Service and the Google Privacy Policy

(c). The Website may use DVLA’s Bulk Vehicle Enquiry Service to look up a Spacer’s vehicle details when they make a Booking for a Storage / Parking Space. this feature container public sector information licensed under the Open Government Licence v3.0.

16. GENERAL

(a). Termination: While you are taking part in a Booking, your User account is required to stay active. Once all your active bookings have come to an end and none are going to be renewed, you will then be able to disable your User account.

(b) Entire Agreement: These Terms of Use constitute the entire agreement and understanding between the parties and supersede any previous agreement or understanding between the parties with respect to all matters referred to in them.

(c). No Agency: Nothing in these Terms of Use is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way.

(d) No waiver: Any failure by either party to enforce any provision of these Terms of Use at any time shall not be construed as a waiver of such provision and shall not affect its right to enforce such provision.

(e) No Assignment, Transfer or Subcontract: These Terms of Use is personal to the parties and neither party shall assign, transfer, subcontract or deal in any other manner with any of its rights and obligations under this contract without the prior written consent of the other party.

(f) Governing Law and Jurisdiction: These Terms of Use (together with all documents referred to in them) are governed by and construed in accordance with English law. The parties irrevocably agree that the English courts have jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms of Use any documents referred to in them.

17 COOKIES

(a). We may also store information about you using cookies (files which are sent by us to your computer or other access device) which we can access when you visit our site in future. We do this to track the pages you visit. The only personal details a cookie can contain is information you supply yourself.

(b). We use cookies to determine what visitors to our website find useful. We are interested in which pages are most popular and where visitors stay longest. We will use this information to help users to reach these pages quickly.

Further Queries: If you have any questions or queries regarding any of the services or products featured please contact info@urbansquirrel.com