Syarat dan Ketentuan
Website Terms of Service
By visiting, using and/or registering at the Mospaze Platform (as defined below), you agree to comply with and be bound by these Terms of Service.
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Mospaze (as defined below) governing your access to and use of the Mospaze website, including any subdomains thereof, and any other websites through which Mospaze makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Mospaze Services"). The Site, Application and Mospaze Services together are hereinafter collectively referred to as the "Mospaze Platform".
When these Terms mention "Mospaze," "we," "us," or "our," it refers to the Mospaze company you are contracting with. Your contracting entity will generally be determined based on your Country of Residence. Your “Country of Residence” is the jurisdiction associated with your Mospaze Account as determined by either your express selection or by Mospaze’s assessment of your residence using various data attributes associated with your Mospaze Account.
If you change your Country of Residence, the Mospaze company you contract with will be determined by your new Country of Residence as specified above, from the date on which your Country of Residence changes.
Any and all payment processing services through or in connection with your use of the Mospaze Platform ("Payment Services") are provided to you by one or more Mospaze Payments entities (individually and collectively, as appropriate, "Mospaze Payments").
Lessors alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Lessor Services. Lessors may have to register, get a permit or obtain a license before providing certain Lessor Services (such as preparing space or operating a warehouse). Lessors are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Lessor Services they offer. Certain types of Lessor Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listings (as defined below) and Lessor Services on Mospaze, you should always seek legal guidance.
- If you choose to use the Mospaze Platform, you do so voluntarily and at your sole risk. The Mospaze Platform is provided on a “as is” basis, without warranty of any kind, either express or implied.
- You agree that you are given sufficient access and time to read these Terms of Service, or to seek legal advice on the applicable policies, rules, laws or regulations that may be relevant to you in using the Mospaze Platform. You agree that you are not relying upon any statement of law or fact made by Mospaze relating to the Mospaze Platform.
- If Mospaze chooses to conduct identity verification or background checks on any user or member, to the extent permitted by applicable law, Mospaze disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or member or guarantee that a user or member will not engage in misconduct in the future.
Scope of Mospaze Services
- Mospaze is a web platform and online marketplace that enables registered users ("Members") and third parties who rent their available warehouse space & Services (Members and third parties who offer such services are hereinafter referred to as "Lessors" and the services they offer are "Lessor Services") to publish such Lessor Services on the Mospaze Platform ("Listings") and to communicate and transact directly with Members that are seeking to store their goods and to book such Lessor Services (Members using Lessor Services are "Lessees"). Lessor Services may include the offering of a full or a part of warehouse space with manpower, or a full or a part of warehouse space without manpower, or other related warehouse services.
- As the provider of the Mospaze Platform, Mospaze does not own, create, sell, resell, provide, control, manage, offer, deliver, organize, or supply any Listings or Lessor Services. The Lessors alone are responsible for their Listings and Lessor Services. When Members make or accept a booking, they agree to be bound and subject to these terms and conditions . Mospaze is not and does not become a party to or other participant in any contractual relationship between Members, nor is Mospaze a real estate broker or insurer. Mospaze is not acting as an agent in any capacity for any Member.
- While we may help facilitate the resolution of disputes, Mospaze has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Lessor Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Mospaze does not endorse any Member, Listing or Lessor Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Mospaze about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use Lessor Services, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Mospaze of any Lessor or Listing.
- If you choose to use the Mospaze Platform as a Lessor, your relationship with Mospaze is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Mospaze for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Mospaze. Mospaze does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Lessor Services. You acknowledge and agree that you have complete discretion whether to list the Lessor Services or otherwise engage in other business or employment activities.
- To promote the Mospaze Platform and to increase the exposure of Listings to potential Lessees, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Mospaze cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Mospaze Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
- The Mospaze Platform may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Mospaze is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Mospaze of such Third-Party Services.
- Due to the nature of the Internet, Mospaze cannot guarantee the continuous and uninterrupted availability and accessibility of the Mospaze Platform. Mospaze may restrict the availability of the Mospaze Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Mospaze Platform. Mospaze may improve, enhance and modify the Mospaze Platform and introduce new Mospaze Services from time to time.
Member Qualifications and Verifications
- As a Member, you must be at least 18 years old and able to enter into legally binding this Agreement to access and use the Mospaze Platform or register a Mospaze Account. By accessing or using the Mospaze Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into this Agreement.
- You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Lessor Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Mospaze may make access to and use of the Mospaze Platform, or certain areas or features of the Mospaze Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
- User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or an equivalent version of background checks in your local jurisdiction (if available).
- The access to or use of certain areas and features of the Mospaze Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Mospaze Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
- 16. If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement, and for Androids, you can access at Android’s Licensed Application End User License Agreement. Some areas of the Mospaze Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Updates or Modifications of the Terms of Service
- Mospaze reserves the right to modify or update these Terms of Service at any time to reflect customer feedback or changes in our practices. You are encouraged to periodically review these Terms of Service for the latest updates and information.
- You must register an account ("Mospaze Account") to access and use certain features of the Mospaze Platform, such as publishing or booking a Listing. If you are registering a Mospaze Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
- You can register a Mospaze Account using an email address and creating a password.
- You must provide accurate, current and complete information during the registration process and keep your Mospaze Account and public Mospaze Account profile page information up-to-date at all times.
- You may not register more than one (1) Mospaze Account unless Mospaze authorizes you to do so. You may not assign or otherwise transfer your Mospaze Account to another party.
- You are responsible for maintaining the confidentiality and security of your Mospaze Account credentials and may not disclose your credentials to any third party. You must immediately notify Mospaze if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Mospaze Account. You are liable for any and all activities conducted through your Mospaze Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
- Mospaze may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Mospaze Account. For example, we may allow eligible Members or certain third parties to book Listings on behalf of other Members. These features do not require that you share your credentials with any other person. No third party is authorized by Mospaze to ask for your credentials, and you shall not request the credentials of another Member.
Use of Contents
- Mospaze may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Mospaze Platform ("Member Content"); and (ii) access and view Member Content and any content that Mospaze itself makes available on or through the Mospaze Platform, including proprietary Mospaze content and any content licensed or authorized for use by or through Mospaze from a third party ("Mospaze Content" and together with Member Content, "Collective Content").
- The Mospaze Platform, Mospaze Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or any applicable local, state, national and international laws and regulations. You acknowledge and agree that the Mospaze Platform and Mospaze Content, including all associated intellectual property rights, are the exclusive property of Mospaze and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Mospaze Platform, Mospaze Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Mospaze used on or in connection with the Mospaze Platform and Mospaze Content are trademarks or registered trademarks of Mospaze in the relevant countries. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Mospaze Platform, Mospaze Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
- You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Mospaze Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mospaze or its licensors, except for the licenses and rights expressly granted in these Terms.
- Subject to your compliance with these Terms, Mospaze grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Mospaze Platform and accessible to you, solely for your personal and non-commercial use.
- By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Mospaze Platform, you grant to Mospaze a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Mospaze Platform, in any media or platform. Unless you provide specific consent, Mospaze does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
- Mospaze may offer the Lessors the option of having professional photographers take photographs of their Lessor Services, which are made available by the photographer to the Lessors to include in their Listings with or without a watermark or tag bearing the words "Mospaze.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Lessor Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Mospaze Platform if they no longer accurately represent your Listing, if you stop providing the Lessor Service featured, or if your Mospaze Account is terminated or suspended for any reason. You acknowledge and agree that Mospaze shall have the right to use any Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Mospaze is not the exclusive owner of Verified Images, by using such Verified Images on or through the Mospaze Platform, you grant to Mospaze an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Mospaze in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Mospaze Platform solely for your personal and non-commercial use.
- You are solely responsible for all Member Content that you make available on or through the Mospaze Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Mospaze Platform or you have all rights, licenses, consents and releases that are necessary to grant to Mospaze the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Mospaze's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Mospaze’s policy or any applicable local, state, national and international laws and regulations. Mospaze may, at its discretion and without prior notice, remove or disable access to any Member Content that Mospaze finds to be in violation of these Terms or Mospaze’s then-current policies or standards, or otherwise may be harmful or objectionable to Mospaze, its Members, third parties, or property.
- Mospaze respects copyright law and expects its Members to do the same. If you believe that any content on the Mospaze Platform infringes copyrights you own, please notify us in our email at email@example.com.
- Mospaze operates the Mospaze Platform from its office in Singapore. If you use the Mospaze Platform from other locations you are responsible for compliance with applicable local, state, national and international laws and regulations. Mospaze makes no representation that the products and services referenced in the Mospaze Platform are appropriate, or available, worldwide.
- Mospaze may charge fees to the Lessors ("Lessor Fees") and/or the Lessees ("Lessee Fees") (collectively, "Service Fees") in consideration for the use of the Mospaze Platform. More information about when Service Fees apply and how they are calculated can be found on our email at firstname.lastname@example.org.
- Any applicable Service Fees (including any applicable Taxes) will be displayed to a Lessor or Lessee prior to publishing or booking a Listing. Mospaze reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective.
- You are responsible for paying any Service Fees that you owe to Mospaze. The applicable Service Fees (including any applicable Taxes) are collected by Mospaze Payments. Mospaze Payments will deduct any Lessor Fees from the Listing Fee (as defined below) before remitting the payout to the Lessors. Any Lessee Fees are included in the Total Fees (as defined below) collected by Mospaze Payments. Except as otherwise provided on the Mospaze Platform, Service Fees are non-refundable.
Terms for Lessors
- When creating a Listing through the Mospaze Platform you must (i) provide complete and accurate information about your Lessor Services (such as listing description, location, calendar availability, warehouse space availability, the conditions of the warehouse, manpower availability or other related services), (ii) disclose any deficiencies, restrictions (such as warehouse rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements) and (iii) provide any other pertinent information requested by Mospaze. The Lessors are responsible for keeping your Listing information (including calendar availability) up-to-date at all times. Mospaze may request any information from the Lessors, including evidence of ownership, tax and legal documents, historical land and/or building transactions or any other relevant information in relation to their warehouses.
- A Lessor is solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for the Lessor Listing ("Listing Fee"). The Listing Fee may be provided on a lump-sum basis or on a range-fee basis.
- Any terms and conditions included in the Lessor Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for the Lessor Listing.
- Pictures, animations or videos (collectively, "Images") used in the Lessor Listings must accurately reflect the quality and condition of the Lessor Services. Mospaze reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
- The placement and ranking of Listings in search results on the Mospaze Platform may vary and depend on a variety of factors, such as Lessees’ search parameters and preferences, Lessors’ requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Lessor Services, and/or ease of booking.
- When a Lessor accepts or has pre-approved a booking request by a Lessee, the Lessor is required to provide the Lessor Service(s) to the Lessee as described in the Lessor Listing.
- Mospaze strongly recommends that Lessors obtain appropriate insurance for their warehouse and Lessor Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of the Lessees while using the warehouse and the Lessor Services.
- If a Lessor chooses to require a security deposit for the Lessor Services, the Lessor must specify this in the Lessor Listing ("Security Deposit"). Lessees are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the Mospaze Platform. Mospaze will use commercially reasonable efforts to address Lessees’ requests and claims related to Security Deposits, but Mospaze is not responsible for administering or accepting any claims by the Lessees related to Security Deposits.
- The Lessor represents and warrants that any Listing the Lessor posts and the booking of the Lessor Services will (i) not breach any agreements the Lessor has entered into with any third parties, such as warehouse association or other agreements, and (ii) comply with Mospaze’s policy or any applicable local, state, national and international laws and regulations (such as environmental and zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Lessor, you are liable and responsible for your own acts and omissions in providing the Lessor Services to the Lessees.
- Mospaze and the Lessors are not liable or responsible for the contents or conditions of the Lessees’ goods which (i) have been packed-up or wrapped-up by the Lessees prior to the storing the goods in the warehouse, (ii) are not in line with the statements of the Lessees, and/or (iii) are classified as Prohibited Goods (as defined below).
Terms for Lessees
The Lessees represent and warrant that they will comply with Mospaze’s policy, warehouse rules (as may be determined by the Lessors), or any applicable local, state, national and international laws and regulations in using the Lessor Services. The Lessees are prohibited from storing goods in the warehouse which are classified as, including but not limited to:
- (i) explosive or flammable goods, such as (A) aerosol spray paint cans, (B) alcoholic beverages, (C) ammunition, (D) blasting caps, (E) detonators and fuses, (F) explosives and explosive devices, (G) fireworks or flares in any form (including firecrackers, rockets and toy caps), (H) flammable liquid fuel, e.g. petrol, diesel, lighter fluid, alcohol, ethanol, gas and gas bottles, e.g. butane, propane, acetylene, oxygen in large volumes, (I) grenades, (J) batteries, lithium batteries or built-in batteries, (K) mines and other explosive military devices, (L) replica or imitation explosive materials or explosives, (M) smoke grenades or cartridges, (N) turpentine and paint thinner, (O) electronic cigarettes or other types of cigarettes in similar nature (including their batteries), (P) oil and grease, and/or (Q) small cigarette lighters and safety matches;
- (ii) chemical, toxic or hazardous substances, such as (A) acids and alkalis, e.g. spillable ‘wet’ batteries, (B) corrosive or bleaching substances, e.g. mercury and chlorine, (C) disabling or incapacitating sprays, e.g. mace, pepper spray, tear gas, (D) fire extinguishers, (E) infectious or biologically hazardous material, e.g. infected blood, bacteria and viruses, (F) material capable of spontaneous ignition or combustion, (G) poisons, (H) Radioactive material, e.g. medicinal or commercial isotopes, and/or (I) Printers or toner cartridges;
- (iii) weapons or pointed/edged objects, such as (A) arrows and darts, (B) axes and hatchets, (C) climbing irons, (D) ice axes and ice picks, (E) ice skates, (F) jack-knives or flick knives with blades of any length, (G) knives, including ceremonial knives, made of metal or other material strong enough to be used as a weapon, (H) machetes, (I) meat cleavers, (J) open razors (excluding safety or disposable razors with blades enclosed in cartridges), (K) sabres, swords and sword sticks, (L) scalpels, (M) scissors, (N) needles for hobby purposes and crochet hooks, made of metal or other material strong enough to be used as a weapon, (O) ski and walking/hiking poles, (P) throwing stars, and/or (Q) tools that could be used as a pointed or edged weapon, e.g. drills and drill bits, Stanley knives, utility knives, all saws, screwdrivers, crowbars, hammers, pliers, wrenches and spanners, soldering equipment;
- (iv) firearms, such as (A) air pistols, air rifles and pellet guns, (B) BB guns (ball bearing guns), (C) catapults, (D) crossbows, (E) firearm components (except telescopic viewing equipment and view finders), (F) harpoons and spear guns, (G) 'Humane' animal killers, (H) industrial staple and nail guns, (I) jewellery or amulets made out of live bullets or empty bullet shells, (J) replica and imitation firearms, (K) signal flare pistols, (L) starting pistols, (M) stun or shocking devices, e.g. cattle prods and ballistic conducted energy systems, and/or (N) toy guns;
- (v) any biological products or living things, such as (A) parts of plants or animals that are the result of hunting or preserving (animal carcasses), (B) food and perishables, and/or (C) any living plants or animals;
- (vi) narcotics, psychotropic, addictive substances or illegal drugs;
- (vii) liquors, beers or other types of alcoholic drinks;
- (viii) gambling devices or equipment;
- (ix) counterfeited goods;
- (x) indecent and obscene materials, such as pornographic (including child pornographic) or erotic books, magazines, films, videos, games, software, or any other materials;
- (xi) odorous materials, such as trash, garbage and refuse;
- (xii) jewelry, diamonds, golds, coins, money (in cash or cheques) or other valuable items, such as antiques and art objects (e.g. sculptures and paintings); and/or
- (xiii) any other goods, devices, equipment that are restricted or prohibited by laws and regulations, or public policies
- If the Lessor, Mospaze, or its officers, directors, employees or agents, finds out that the Lessee stores any or all of the Prohibited Goods in the warehouse space, the Lessor or Mospaze may (and is not obliged to) contact the Lessee to remove such Prohibited Goods from the warehouse space within a maximum of 24 hours as of the finding.
In the event that, the Lessee is not contactable or fails to remove such Prohibited Goods within the time frame, the Lessee agrees and acknowledges that:
- it authorizes and grant irrevocable powers to the Lessor, Mospaze, or its officers, directors, employees or agents, to remove or dispose any or all of the Prohibited Goods from the warehouse space, or to surrender and file a report to the Police or authorities having powers and jurisdictions over the warehouse space. The Lessee further agrees that any fee, cost, expense or payment arising out of or in any way connected with such Prohibited Goods or the actions upon such Prohibited Goods, will be fully paid from the Lessee to the Lessor or Mospaze;
- it releases the Lessor, Mospaze, or its officers, directors, employees or agents, harmless from any of its responsibilities, liabilities, accounts, claims, actions, proceedings, demands, lawsuits (civil or criminal) and expenses for or by reason or in respect of any act, cause, matter or thing arising out of or in any way connected with such Prohibited Goods or the above actions upon such Prohibited Goods;
- it shall indemnify and keep indemnified the Lessor, Mospaze, or its officers, directors, employees or agents, any and all loss, damage or liability (whether criminal or civil) suffered or incurred and reasonable legal fees and costs incurred by the Lessor, Mospaze, or its officers, directors, employees or agents, arising out of or in any way connected with such Prohibited Goods or the above actions upon such Prohibited Goods.
- Mospaze strongly recommends that Lessees obtain appropriate insurance for their goods stored in the warehouse. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover your goods while using the warehouse and the Lessor Services.
- Subject to meeting any requirements (such as completing any verification processes) set by Mospaze and/or the Lessor, a Lessee can book a Listing available on the Mospaze Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Lessee Fees and any applicable Taxes (collectively, "Total Fees") will be presented to the Lessee prior to booking a Listing. The Lessee agrees to pay the Total Fees for any booking requested in connection with the Lessee’s Mospaze Account.
- Upon receipt of a booking confirmation from Mospaze, a legally binding agreement is formed between the Lessee and the Lessor, subject to any additional terms and conditions of the Lessor that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Mospaze Payments will collect the Total Fees at the time of the booking request or upon the Lessor’s confirmation.
- If the Lessee books a Lessor Service on behalf of additional Lessee, the Lessee is required to ensure that every additional Lessee meets any requirements set by the Lessor and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Lessor. Minors may only participate in the Lessor Services if they are accompanied by an adult who is responsible for them.
- The Lessee understand that a confirmed booking of a warehouse is a limited license granted to the Lessee by the Lessor to enter, occupy or use the warehouse for the duration of the Lessee reservation, during which time the Lessor (only where and to the extent permitted by applicable laws and regulations) retains the right to assess and re-enter the warehouse, in accordance with the Lessee agreement with the Lessor (but must not conflict with these Terms of Service).
- The Lessee assumes full responsibility for the choices the Lessee making before, during and after your participation in the Lessor Services (as defined below). If the Lessee brings a minor to the warehouse, the Lessee is solely responsible for the supervision of that minor and agrees to release and hold harmless the Lessor and Mospaze from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Lessor Service or in any way related to the Lessor Service.
- The Lessee agrees to collect the Lessee’s goods in the Lessor’s warehouse no later than the checkout time that the Lessor specifies in the Listing or such other time as mutually agreed upon between the Lessee and the Lessor. If the Lessee’s goods have not been collected upon the agreed checkout time without the Lessor’s consent (“Overstay”), the Lessee no longer have a license to access, occupy or use the Lessor’s warehouse and the Lessor is entitled to remove your goods in a manner consistent with the applicable laws and regulations, and shall not be liable and responsible for such removal goods. In addition, the Lessee agrees to pay, if requested by the Lessor, for each twenty-four (24) hour period (or any portion thereof) for the Lessee’s goods Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by the Lessee to cover the inconvenience suffered by the Lessor, plus all applicable Lessee Fees, Taxes, and any legal expenses incurred by the Lessor to remove the Lessee’s goods (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Lessor as a result of such Overstay. If the Lessee’s goods Overstay in the warehouse, the Lessee hereby grants a power of attorney to the Lessor to remove its goods and authorize the Lessor or Mospaze to charge the Lessee and to collect the Overstay Fees. A Security Deposit, if required by a Lessor, may be applied to any Overstay Fees due for the Lessee’s goods Overstay.
Ratings and Reviews
- Within a certain timeframe after completing a booking, the Lessor and the Lessee can leave a public review ("Review") and submit a star rating ("Rating") about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Mospaze. Ratings and Reviews are not verified by Mospaze for accuracy and may be incorrect or misleading.
- Ratings and Reviews by the Lessor and the Lessee must be accurate and may not contain any offensive or defamatory language.
- Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
- Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Mospaze Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
Termination and suspension
- Mospaze has the right, but not the obligation, to monitor the Mospaze Platform, to determine compliance with these Terms of Service and any other operating rules established by Mospaze.
- Mospaze reserves the right, without notice and in its sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through the Mospaze Platform as well as the Mospaze Platform at any time.
- All provisions of these Terms of Service which by their nature shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
Disputes between Members and Limitation of Liability
- As a Lessee, you are responsible for collecting your goods in the warehouse (including any of your personal or other property located in the warehouse) in the condition it was in when you reserved. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the warehouse, excluding the Lessor (and the individuals the Lessor invites to the warehouse, if applicable).
- If a Lessor claims and provides evidence that you as a Lessee has damaged a warehouse or any personal or other property in the warehouse ("Damage Claim"), the Lessor can seek payment from the Lessee through Mospaze Resolution Center. If a Lessor escalates a Damage Claim to Mospaze, the Lessee will be given an opportunity to respond. If the Lessee agrees to pay the Lessor, or Mospaze determines in its sole discretion that the Lessee are responsible for the Damage Claim, Mospaze Payments, at its discretion, will collect any such sums from the Lessee and/or against the Security Deposit (if applicable) required to cover the Damage Claim. Similarly, the process also applies to a Lessee when the Lessee seeks Damage Claim from the Lessor. Mospaze Payments also reserves the right to otherwise collect payment from you and pursue any remedies available to Mospaze Payments in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by the Lessor.
- By using the Mospaze Platform, the Lessor and the Lessee to fully release, defend (at Mospaze’s option), indemnify and hold Mospaze and its affiliates and subsidiaries, including but not limited to Mospaze Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, lawsuits (civil or criminal), demands damages, losses, and expenses (directly or indirectly), including, without limitation, reasonable legal, tax and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our policies or standards, (ii) your improper use of the Mospaze Platform or any Mospaze Services, (iii) your interaction with any Member, use of warehouse and the Lessor Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, or (iv) your breach of any laws, regulations or third party rights.
- To the maximum extent permitted by law, Mospaze excludes all liability to the Lessor or the Lessee for loss or damage of any kind arising from or relating in any way to the Mospaze Platform or these Terms of Service. Where any law implies a warranty to these Terms of Service which may not be lawfully excluded, then to the maximum extent permitted by law, the aggregate liability of Mospaze shall be limited to a maximum of US$100 (one hundred United States Dollars.
- In no event shall Mospaze or its officers, directors, commissioners, employees, agents, successors, insurers, assigns and affiliates be liable to you or any third party for any lost profits or any indirect, consequential, exemplary, incidental, special or punitive damages (collectively "Consequential Damages") arising from or relating to these Terms of Service, including but not limited to the use or provision of Lessor Services, or the use of, or inability to use, the Mospaze Platform.
Third party links and offers
- The Mospaze Platform may contain hyperlinks, images, banners and other advertisements to other websites operated by third parties. Those websites are not under the control of the Mospaze Platform and Mospaze is not responsible for the contents of any linked website. The Mospaze Platform provides these links to you for your convenience only.
- The Mospaze Platform may also contain third party advertisements (including banner ads, images, links and page advertisements) that may have been paid for, which contained embedded links to websites operated by third parties.
- The inclusion of any link does not imply any endorsement or recommendation of a linked website by Mospaze or its officers, directors, commissioners, employees, agents, successors, insurers, assigns and affiliates.
- In some instances, the advertisement will contain representations or offers by the third party advertiser which it can accept by linking to the advertiser’s website and executing the relevant transaction. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
- Any such offers are not made by the Mospaze Platform and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
- Your link to any such website or accept any third party offer entirely at your own risk.
- You are solely responsible for determining your obligations to report, collect or remit any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
- The tax laws and regulations in jurisdictions may vary and may require Mospaze to collect appropriate tax information from you, or to withhold Taxes from you. If you fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
Governing law and Dispute Settlement
- These Terms of Service and all other specific and additional terms which govern your use or access to the Website will be governed and construed in accordance with the laws of Republic of Singapore.
- Any dispute, whether contractual or not, arising out of or in connection with these Terms of Service (including any question regarding its existence, validity or termination) shall be mutually settled amicably within 30 days as of any notice of the dispute.
- If the above settlement cannot be reached within 30 days of the notice of dispute being received by either party (i.e. Mospaze, the Lessor and the Lessee), the dispute shall be referred to and finally resolved by arbitration ("Arbitration") in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this article.
The Arbitration will be conducted as follows:
- (1) the Arbitration will be conducted with the SIAC Rules in the English language;
- (2) the arbitration panel will consist of one arbitrator;
- (3) the award of the arbitration panel is final and binding upon them;
- (4) the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards applies to all arbitral awards made under these Terms of Service;
- (5) the award must include an order for payment of cost;
- (6) the arbitration tribunal will decide the matter as expeditiously as possible, however no time limits will be imposed;
- (7) Article 56 of Law No. 30 of 1999 will apply, and accordingly the arbitrators may only reach their decision by applying strict rules of law to the facts and must not purport to resolve any dispute ex aequo et bono; and
- (8) pending the submission to arbitration and until the arbitration tribunal issues its decision, each party must, except in the event of expiration, termination or failure by the other party to obey or comply with a specific order or decision of the arbitration tribunal, continue to perform all its obligation under this Agreement without prejudice to a final adjustment in accordance with the award.