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Terms and conditions

 

THE FOLLOWING TERMS & CONDITIONS OF POPKEY PRIVATE LIMITED (“Company”) apply to all products & services (“Services”) provide to you. By using the Services on / through https://popkey.in/ (“Site” or “Website”) or “WhatsApp” you agree to be legally bound by these terms and conditions and Policies of the Company including those available by hyperlink with the Company’s Site/WhatsApp Bot. These terms and conditions ("Terms"), together with our Privacy Policy and our Cancellation & Refund Policy, provide you information about us and the legal terms and conditions on which we provide automatic keyless storage locker facilities to you (“Service”). The provision of the Services in exchange for payment, read along with the Terms, including any and all company policies, together forms the "Agreement" .
The domain name https://popkey.in/ is a site owned and operated by POPKEY PRIVATE LIMITED; a Company incorporated under the laws of India with our registered office at 43, Appadurai 1st Street, Vasantha Nagar, Chinna Chembarambakkam, Ayanavaram, Chennai, Tamil Nadu – 600 023.

For the purpose of these Terms & Conditions, wherever the context so requires, “You”, “Your” or “User” shall mean any natural or legal person who; (i) visits the Site (ii) Uses the Services offered by the Company on the Site. The term “We”, “Us”, “Our” shall mean the Company and its assigns and successors.

Please read these Terms carefully and make sure that you understand them, before using our Services. Please note that by choosing our Services, you agree to be bound by these Terms and the other documents expressly referred to in them.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO THESE TERMS & CONDITIONS AND OTHER POLICIES OF THE COMPANY, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING . By impliedly or expressly accepting these Terms & Conditions, you also accept and agree to be bound by Company Policies (including but not limited to Privacy Policy available on the Site.) as amended from time to time.

 

1. ORDER PROCESS:

1.1. You can book the locker through our WhatsApp Bot / QR Code / Facial Recognition mentioned in our Site or by use of a Mobile Device on +91 7400 500 200 and follow the instructions of the Bot; You may also choose to book the locker through Facial Recognition programs / software used by us or by way of scanning a QR code available on the premises of the storage lockers.


1.2. The booking process is as follows;

WhatsApp instructions:

STEP 1: Scan the QR Code from the instruction board available at the premises (or) scan the QR code from the locker. Press the send button in WhatsApp; Or Send the message “Hi” to the number given on the instruction board and type the 4-digit code you receive on the instruction board.

STEP 2: Select the size of the locker if there are multiple sizes available at the premises.

STEP 3: Select the total number of hours you wish to store your items.

STEP 4: Select “Yes” if you agree to the terms and conditions presented to you.

STEP 5: Pay the due fees / charges through UPI.

Instructions on opening the Locker:

STEP 1: Select “Open” from the menu option;

STEP 2: In case you exceed the initial booking time, you will pay the balance and vacate the locker;

STEP 3: You can choose to extend your booking from the main menu.

For QR Code Scanning:
For Facial Recognition:

1.3. You understand and agree that, subject to the availability and depending on the location of the lockers, the said lockers will be available on hours / daily / or monthly subscription. You understand and agree that the Services granted to you by us are conditional upon the Full Payment made by you at the time of booking the locker. You also understand and agree that we have the sole discretion in denying access of / use of service for non-payment of the full amount.

 

2. PAYMENT FOR SERVICE:

2.1. In respect of availing the Services, you shall be charged at the price listing made available to you at the time of booking the locker. Charges for the Services shall be made immediately payable at the time of booking.

2.2. Such price shall not change in value after order is placed, however before any order is place, we reserve the right to update our prices based upon the current market rates for storage locker facilities; Further, such changes in prices will be made available as listed on the Site.

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3. CANCELLATION & REFUND:

You have a right to cancel the services ordered and you may request for a refund to be initiated subject to and in accordance with the terms and conditions mentioned in the “CANCELLATION & REFUND POLICY” which is available on our website.

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4. STORAGE ITEMS, EXTENDED USE, PROHIBITED ITEMS & TITLE WARRANTY:

4.1. You warrant that you are either the owner or legal custodian of the good being stored in our storage lockers (“Stored Items” or “Items”) and have full authority to store said Stored Items in accordance with the terms of this Agreement. You shall ensure that the Stored Item confirm to all applicable laws. You also represent and warrant that the Stored Item do not and/or will not infringe any third party’s rights including Intellectual Property Rights. You shall ensure that you have the permission and authority of the person who owns the Items to use the Services in relation to the Items. You shall ensure that only authorized persons shall use the Storage locker facility. If we find that; (i) the Services has been used by an unauthorized person, or (ii) You have used another locker other than the locker you had booked; then we shall charge you a penalty equivalent to the amount paid by you at the time of booking + ___ % of the same amount, which is to be paid by you immediately. Unless, the Penalties are paid, the goods cannot be retrieved from the locker.

4.2. We will alert or notify you periodically regarding your ongoing use of the Services through the WhatsApp Bot or by other relevant means of communication and you understand and agree to reply to the said communication in order to confirm or deny extension of your use of the Services. Failure to reply to the alerts / notifications / messages shall result in the Company charging you a Penalty of __% of the amount paid by you at the time of booking. You understand and agree that you may choose to extend the duration of locker hours during your use of the Services and such extended use of the Services shall be subject to additional charges or payments made by you to the Company at the time of booking/confirming such extension.

4.3. We reserve the right to refuse to collect, store or deliver any Items in our sole and absolute discretion if we believe that: The Items do not conform with the requirements of this Agreement; or the safety or security of any person or property would be put at risk by doing so.

4.4. The Items must not include any of the following “Prohibited Items”: food or perishable items; any living creature; weapons, arms or ammunition; any item which emits fumes, smell or odour; gold-silver, jewellery, currency, ivory, precious metals or stones; illegal substances or items illegally obtained (including any drugs); combustible or flammable materials, liquids or compressed gases, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents; chemicals, radioactive materials or biological agents, toxic waste, asbestos or other materials of a dangerous nature; any other toxic, flammable or hazardous items; any dangerous substances of hazardous nature; any other items, the possession, transport or storage of which contravene in any way any applicable laws or regulations.

4.5. We may open any storage locker and their contents at any time if: we reasonably believe that they contain any of the Prohibited Items where we are required to do so by any law, court order or competent authority, including the police or fire services; it is necessary to do so to prevent damage or injury to persons or property.

4.6. Where we have reason to believe that the storage locker may contain any Prohibited Items, We shall be entitled to open, return, pass to any law enforcement authority or government agency (including the police and fire service), or by court order, destroy or otherwise dispose of the Prohibited Items as we (in our absolute discretion) see fit and we shall have no liability to you in respect of such Items; and You shall be responsible for all resulting costs, expenses and losses incurred by us and shall pay such amounts to us on demand. For further information, please read our PROHIBITED ITEMS POLICY available on our Website.

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5. PRIVACY:

Our privacy policy clarifies how the Company handles and takes care of any information that you share while using our Services. We have a deep commitment to protecting your privacy. When we ask you to provide personal information/data, we assure you that it will be treated as strictly confidential and in accordance with our Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website/ our Services. For further information, please read our PRIVACY POLICY available on our Website.

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6. CONFIDENTIALITY:

The Company shall keep in strict confidence all information which is of a confidential nature and which has been disclosed by the Users. This provision shall survive termination of this Agreement. The Company shall be entitled to disclose all or any Confidential Information to any Government or Regulatory authority without prior intimation to you.

 

7. LIMITED LICENSE & ASSIGNMENT:

7.1. The Company grants you a non-exclusive, non-transferable, revocable license to access and use our Services strictly in accordance with these Terms. You agree that the use of our Services is solely for the purposes mentioned herein. You will not sub-lease or sub-license the Service for any business or commercial purpose.

7.2. You agree & acknowledge that you shall not assign any of the responsibilities borne by you in these Terms & Conditions to any third party unless expressly written and signed by the Company permitting you to assign your responsibilities to another entity/individual.

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8. USER ACCOUNT:

8.1. You understand and acknowledge that upon registering and creating an account on our Site, your personal data will be used to support your experience throughout this website, to manage access to your account, and for other purposes described in our “PRIVACY POLICY”.

8.2. You also acknowledge, consent and agree that the Company may access, preserve, and disclose your account information and content if required to do so by law or in good faith belief that such access, preservation, or disclosure is reasonably necessary to:
(i) comply with legal processes;
(ii) enforce the Terms of Service;
(iii) respond to claims that any Content violates the rights of third parties;
(iv) respond to your requests for customer service;
(v) protect the rights, property, or personal safety of the Company, its users, and the public.

8.3. You understand and acknowledge that when you create an account with us, you guarantee that you are above the age of eighteen (18), and that the information you provide us is accurate, complete, and current at all times. Use of the Website & its services are available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of eighteen (18) years, you may use the Website & its services only with the involvement of a parent or guardian. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.

8.4. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

8.5. We reserve the right to refuse service, terminate accounts and/or cancel bookings for the Services provided in our sole discretion.

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9. LINKS TO OTHER WEB SITES AND APPLICATIONS:

9.1. Our Services may contain links to third party websites, applications, programs, software or services (including mobile & computer applications, on any operating system), collectively referred to as “Third-Party Services”, over which the Company has no control over, assumes no responsibility for the content, privacy policies or practices of any Third-Party Services. The Company does not warrant the offering of any of these entities/ individuals or their Third-Party Services

9.2. YOU ACKNOWLEDGE AND AGREE that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods and services available on or through any such Third-Party Services.

9.3. WE STRONGLY ADVISE you to read the terms and conditions and privacy policies of any third-party web sites, applications, programs, software or services that you visit.

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10. PROHIBITED USES:

You may use the Company’s Site and the services offered only for lawful purposes and in accordance with the Terms. You agree not to use the Site and services:

  1. In any way that violates any applicable national or international law or regulation.

  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors, in any way by exposing them to inappropriate content or otherwise.

  3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

  4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

  5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Services, or which, as determined by us, may harm or offend Company or users of Services or expose them to liability.

  7. Use Services in any manner that could disable, overburden, damage, or impair Services or interfere with any other party’s use of Services, including their ability to engage in real time activities through Services.

  8. Use any robot or other automatic device, process, or means to access Services for any purpose, including monitoring or copying any of the material on Services.

  9. Use any manual process to monitor or copy any of the material on Services or for any other unauthorized purpose without our prior written consent.

  10. Use any device, software, or routine that interferes with the proper working of Services.

  11. Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

  12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Services (including the storage lockers), the server on which Services are stored, or any server, computer, or database connected to the Services.

  13. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

  14. Take any action that may damage or falsify Company rating.

  15. Otherwise attempt to interfere with the proper working of Services.

 

11. INDEMNITY:

You agree to release, defend, indemnify and holds harmless, the Company & its owners, partners, directors, officers, employees, agents, licensors, vendors or suppliers and any third party, individual or entity that provide direct or indirect services to the Company, from and against any and/or all claims, obligations, losses, liabilities, cost, expenses including reasonable attorneys' fees and expenses, relating to or arising from or due to;

 

  1. Stored Items causing any breach of law / rules / regulations or causing any dispute as to ownership of Stored Items.

  2. Any infringement or passing off of Intellectual Property Rights or other proprietary right of any person or entity.

  3. Any inaccuracies found in the postings on the Site. We cannot promise that Content on the Site will be accurate and up-to-date. You will be responsible for ensuring that the content posted by you is accurate and does not include any misleading information.

  4. Your use of the Service, your violation of these Terms, Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

  5. Any penalty imposed due to your breach of these Terms & Conditions, Privacy Policies and other policie

 

12. LIMITATION OF LIABILITY:

12.1. You acknowledge that we are not aware of the value of the Items, and we recommend that you arrange insurance to cover the Items. You must inspect the Items following the return of the Items from our storage facility and, if you believe that the Items are lost or damaged in any way, you must immediately inform us about such loss or damage and we reserve the right to inspect and take pictures of any alleged damage to any Items before you make an insurance claim in relation to such Items; We shall not be liable to you for any loss or damage to any Items as a result of: any seizure or forfeiture under legal process; any act, omission, misstatement or misrepresentation by you or your servants or agents; any inherent vulnerability to wastage in bulk or weight, defect or inherent defect, natural deterioration or fragility of the Items (even if marked "Fragile"); or you not taking or accepting return of your item within a reasonable time, without making payments, after the Order has been tendered; and In the event of a claim in respect of an Item, we shall be entitled to require proof of the cost price and the current replacement cost of such Item.

12.2. We shall not be liable, for any direct, indirect, incidental, consequential, punitive damages or any peril to the life and limb, however caused to you arising out of access to the Service. In the event of any loss or damages caused to you due to actions solely attributable to us, our liability shall be limited to the consideration paid by you in relation to access and use of the Service.

12.3. The storage lockers shall be used by you only for the purpose of using the services in accordance with this Agreement. Nothing in this Agreement, nor any representation made by any of our representatives, will have the effect of transferring ownership of any storage locker to you or any other third party. Risk in the Items shall remain with you at all times.

12.4. We only offer Service to you for your personal use and you agree not to use the Services for any commercial, business or sub-leasing purpose and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.5. We will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect consequential loss

12.6. In case of our Storage Services, our liability shall be limited to the extent of charges paid by you, including any additional charges such as extension period charges etc… (“Limitation Amount”), which amount will cover liability in respect of: (i) Storage of the items at our locker facilities & (ii) Return of the items to you in the condition it was stored, subject to other terms mentioned under this LIMITATION OF LIABILITY clause. Further our liability, if any, for loss, damage or destruction of any Stored Items shall be limited to the total amount paid by you to us for your use of the Services, inclusive of any amount paid by you for your extended use of said Services.

12.7. Our total liability in respect of any breach of this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, including loss or damage to Items or any other property during collection, storage or return, shall not in any event exceed the Limitation Amount.

12.8. We shall not be liable to you for any reason with regard to the following instances;

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  1. For any automatic payments made by you or any third-party Service;

  2. For loss / damage / theft / destruction / injury / harm, caused by your improper use of our Storage Locker Facility as a result from lockers that are not fully closed due to your storage of items in Bulk.

  3. For any other persons use of the Services availed by you, whether authorized or unauthorized by you.

  4. For storage of any Prohibited Items.

  5. For loss of access of device / account or mobile phone which was used for booking the service and which is also used for the opening the said locker, as a result of

  6. (i) storing the same within the locker ordered by you &
    (ii) Theft of the same by a third person.

  7. We shall not be liable for failing to carry out any of our obligations under this Agreement in the event that our failure results from any Force Majeure acts such as but not limited to; acts of God, war, civil commotion, fire, flood, any government action or intervention and sudden change in political situation, strike or labour dispute and/or any other situations, causes or contingencies beyond our reasonable control including with regard to unavailability of power and the internet,. However, in such events you shall continue to be liable for paying any charges like storage charges due to us. If any such event beyond our control takes place that affects the performance of the Services or any of our other obligations under this Agreement: we will contact you as soon as reasonably possible to notify you; and we shall use reasonable endeavours to minimize any disruption to the Services.

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13. CONSENT:

By visiting our website or by providing your information, you consent to the collection, use, storage, disclosure and otherwise processing of your information (including sensitive personal information) on the website in accordance with this Privacy Policy. You have an option to withdraw your consent that you have already provided by contacting us via email at contact@popkey.in. Please mention “Withdrawal of consent for processing personal information” in your subject line of your email. We will verify such requests before acting on our request. Please note that withdrawal of consent will be in accordance with the terms of this Privacy Policy, related terms of use and applicable laws. In the event you withdraw consent given to us under this Privacy Policy, we reserve the right to restrict or deny the provision of our services for which we consider such information to be necessary.

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14. TERMINATION:

14.1. In our sole and absolute discretion, the Company may limit, suspend, or terminate Services and User accounts, prohibit access to the Site and take technical and legal steps to keep users off the Site, if we believe that they are creating problems or if they breach, violate, abuse, exploit or act inconsistently with the Terms & Conditions and other Policies available on the Site or anyway otherwise acted unethically.


14.2. The Company at its sole discretion shall reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time, without providing any prior notice.


14.3. The Company may unilaterally terminate your account on occurrence of any event mentioned in the “PROHIBITED USES” clause mentioned in these Terms & Conditions.


14.4. If you use any false email / identity for any malicious, fraudulent, illegal, exploitative or unlawful purpose, then the Company shall reserve the right to refuse access to the site and shall at its sole discretion terminate the account using the false email, including linked accounts, without serving any notice to you.


14.5. Notwithstanding anything in this clause, these Terms & Conditions will

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15. MODIFICATIONS:

IThe Company shall reserve the right, in its sole discretion, to change, modify, add or remove portions of these Terms & Conditions, at any time without any prior written notice to you. It is your responsibility to review these Terms & Conditions periodically for updates or changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms & Conditions, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and its Service. If you disagree with the new terms, you will no longer be authorized to use the Site or the Services of the Company.

 

16. NOTICES:

Any notices in regard to these Terms & Conditions, Privacy Policy and other Policies of the Company, shall be sent by email via contact@popkey.in or by mail through Post to the registered address mentioned in these Terms & Conditions.

 

17. GOVERNING LAW & JURISDICTION:

These terms and conditions shall be interpreted under and governed by Indian Law, subject to the jurisdiction of the courts in Chennai.

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18. DISCLAIMER OF WARRANTY:

These services are provided by the Company on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations. The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 

19. E-PLATFORM FOR COMMUNICATION:

You agree, understand and acknowledge that the Company is an online platform that enables you to use the Service on the Site at the price indicated therein at any time.

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20. INTELLECTUAL PROPERTY:

20.1. "popkey” and other marks indicated on our website are trademarks or registered trademarks of the Company. The Company’s graphics, logos, page headers, button icons, scripts and service names are the trademarks of the Company. The Company's trademarks may not be used in connection with any product or service that does not belong to the Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company’s reputation. All other trademarks not owned by the Company that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.


20.2. The Company shall not be responsible for any infringement of such marks and designs provided by Third Party(s) and the Customer indemnifies the Company as per the “INDEMNITY” Clause mentioned above.

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21. WAIVER & SEVERABILITY:

21.1 No waiver by the Company of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under terms shall not constitute a waiver of such right or provision.


21.2If any provision of terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of terms will continue in full force and effect.

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22. FEEDBACK & ERROR REPORTS:

22.1. You may submit to us comments, suggestions for improvements, ideas, complaints, error reports & other such matters related to our Services (“Feedback”), either directly via email at contact@popkey.in or by a mail sent to the address mentioned in these terms and conditions by way of postal mail.


22.2. . You acknowledge and agree that,
(i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in the Feedback;
(ii) The Company may have similar developmental ideas prior to submission of Feedback;
(iii) Feedback does not contain any confidential information or proprietary information from you or any third party;
(iv) The Company is not under any obligation of confidentiality with respect to the Feedback.


20.3. In the event the transfer of ownership of the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

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23. ACKNOWLEDGEMENT:

By using our Services, you acknowledge and agree that you have read these Terms & Conditions and agree to be bound by them.

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24. CONTACT US:

If you have any questions, concerns, or comments about our Terms & Conditions and other Company Policies available on the Site, or if you require assistance or support, you may contact us using the given information:

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