OWNERSHIP OF SITE
ACCEPTANCE OF AGREEMENT
COPYRIGHT - SITE CONTENT
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trade marks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by a User of any such content or any part of the Rapid Stor Corp Site, except as allowed by Section 3 of Canada’s Copyright Act is strictly prohibited. The User does not acquire ownership rights to any content or document obtained through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
LIMITED RIGHT TO USE
The viewing or downloading of any content, form or document grants the User only a limited, non-exclusive licence for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User’s personal use (but not for resale or redistribution).
EDITING, DELETING AND MODIFICATION
Rapid Stor Corp reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
The User agrees to indemnify, defend and hold Rapid Stor Corp and its partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney fees, related to a User’s violation of this Agreement or use of the Site.
The User’s right to use the Site is not transferable. Any password or right given to User to obtain accesss is not transferable.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS
Specifically, but without limitation, Rapid Stor Corp does not represent, warrant or offer any conditions that: (i) the information or materials on this website are correct, accurate, reliable or complete; (ii) the functions contained on this website will be uninterrupted or error-free; (iii) defects will be corrected, or (iv) this website or the server(s) that makes it available are free of viruses or other harmful components. Rapid Stor Corp specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the website is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material. In particular, but not as a limitation thereof, Rapid Stor Corp and the affiliated parties are not liable any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. Rapid Stor Corp does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the website or in respect to any website that can be reached from a link on the website or featured in any banner or other advertising on the website, and Rapid Stor Corp shall not be a party to any transaction that you may enter into with any such third party.
LIMITATION OF LIABILITY
Under no circumstances shall Rapid Stor Corp be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from (i) your use of or your inability to use, this website or any of the information or materials contained on this website, (ii) the cost of procurement of substitute goods, data, information or services, (iii) errors, mistakes, or inaccuracies in the materials on the website, (iv) personal injury or property damage of any kind whatsoever arising from or relating to your use of the website, any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the website, or (v) any errors or omissions in any material on the website or any other loss or damage of any kind arising from or relating to your use of the website. These limitations shall apply even if Rapid Stor Corp has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.
USE OF INFORMATION
THIRD PARTY SERVICES
Rapid Stor Corp operates an interactive transaction service allowing access to third party merchant sites (“Merchants”) from which Rapid Stor Corp users may purchase certain goods or services. The user understands that Rapid Stor Corp does not operate or control the products or services offered by Merchants. The Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Rapid Stor Corp is not a party to the transactions entered into between users and Merchants. The user agrees that use of the Rapid Stor Corp service is at the sole risk of the user and is without warranties of any kind by Rapid Stor Corp, express, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances is Rapid Stor Corp liable for any damages arising from the transactions between users and Merchants or for any information appearing on Merchant sites or any other site linked to the Rapid Stor Corp site. Rapid Stor Corp will not be liable to users for any incidental, special or consequential damages of any kind that may result from use of or inability to use the Rapid Stor Corp service.
THIRD PARTY MERCHANT POLICIES
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to Users while on the Merchants’ sites. Rapid Stor Corp is not responsible for information provided by Users to Merchants. The merchant and Rapid Stor Corp are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party, third party product or service or label be construed as an approval or endorsement by Rapid Stor Corp of that third party, third party product or service or label.
LINKS TO OTHER WEB SITES
This site contains links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website does not imply approval or endorsement of the linked w.Website by us. If you decide to leave our site and access these third party sites, you do so at your own risk.
Information sent or received over the Internet is generally unsecure and Rapid Stor Corp cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.
COPYRIGHTS AND COPYRIGHT AGENTS
(1) We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our office with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. (2) For notice of claims of copyright infringement, please contact us as soon as possible e-mail: firstname.lastname@example.org
This Agreement shall be treated as though it were executed and performed in Toronto, Ontario, and shall be governed by and construed in accordance with the laws of Canada (without regard to conflict of law principles). Any cause of action of User with respect to the Site (and/or information, forms and agreements, thereon) must be instituted within [six] months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 of this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the City of Toronto. The User expressly submits to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of Rapid Stor Corp to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
If you have any questions regarding this Agreement please contact us at email@example.com.
Rapid Stor Corp shall provide the following services ('Services') to the Renter in accordance with the terms and conditions of this Agreement and their customized storage plan:
- (i) Deliver packing supplies and/or Storage Boxes to the address designated as the delivery address (the “Delivery Address”);
- (ii) Collect the Storage Boxes and/or Bulky Items from your Delivery Address;
- (iii) Transport your packed Storage Boxes and/or Bulky Items to a registered storage facility for storage; and
- (iv) Upon request for a return, to return the packed Storage Boxes and/or bulky items to the designated Delivery Address. The foregoing storage services shall be referred to under this Agreement as “Storage Services.”
All items are stored in facilities for which Rapid Stor Corp is the sole proprietor.
- a. The Renter agrees to pay the Price to Rapid Stor Corp on the following dates:
- i. At time of Collection – full payment made by Credit Card
- ii. Monthly payments of the ‘Monthly Fee’ (+HST) on the same ‘DATE’ of each month after this Agreement takes effect
- iii. At time of retrieval - full payment due within 24hrs of dropping off Storage Boxes
- b. Rapid Stor Corp shall invoice the Renter directly via e-mail transmission (unless otherwise stated) for the Services that it has provided to the Renter on a monthly basis after the time of the collection.
- c. The Renter shall pay such invoices within 7 days of their receipt from Rapid Stor Corp.
- d. The method of payment of the Price by the Buyer to the Service Provider shall be by Credit card payment.
- a. In the event of non-payment Rapid Stor Corp has the right withhold or dispose (i.e. throw out or sell) of goods. Rapid Stor Corp shall have this right, if, either:
- (i) you do not pay any applicable fees or other payments due under this Agreement, or
- (ii) you abandon your Goods, which will occur in the event that your Rapid Stor Corp subscription terminates and you fail to take possession of your Goods within 90 days from the termination date, despite Rapid Stor Corp’s attempts to get in contact with you for payment and/or instructions.
- b. Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by Rapid Stor Corp to the Renter under this Agreement and as such shall be payable by the Renter to Rapid Stor Corp in addition to all other charges payable hereunder.
- c. If the Renter fails to render payment when it is due, then a late payment fee of $25 will be applied in addition to the amount owed.
LENGTH OF CONTRACT
There is no minimum contract length with Rapid Stor Corp. Any client storing less than 1 month will be subject to a minimum payment of 1 month (payment for the full one-month period)
RELATIONSHIP OF THE PARTIES
The Parties acknowledge and agree that the Services performed by the Service Provider, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.
Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered by hand, registered mail, facsimile transmission or electronic mail to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by:
- a. registered mail, 2 days from the date of posting;
- b. hand or by facsimile transmission, on the date of such delivery or transmission; and
- c. electronic mail, when the Party sending such communication receives confirmation of such delivery by electronic mail.
This Agreement shall be treated as though it were executed and performed in Toronto, Ontario, and shall be governed by and construed in accordance with the laws of Canada (without regard to conflict of law principles). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the City of Toronto. The User expressly submits to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of Rapid Stor Corp to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Rapid Stor Corp currently services the Greater Toronto area. Rapid Stor Corp may be able to currently assist in other areas.
Rapid Stor Corp STORAGE BOXES
Rapid Stor Corp supplies storage boxes. If boxes are lost or damaged there is a restocking fee of $100 per box. Boxes cannot have more than 50pounds of goods stored within them. All boxes must be clean on return. Any dirty boxes will be subject to a $10/box cleaning fee.
AUTHORIZED REPRESENTATIVE PRESENT
Please also ensure that you or an authorized representative on behalf of you is present during the Collection and Return.
If no one is present to receive the delivery by Rapid Stor Corp within 15 minutes of the scheduled delivery time, then Rapid Stor Corp will leave and the delivery will be considered as a last minute cancellation. In such circumstances, Rapid Stor Corp reserves the right to charge for the delivery.
ESTIMATED TIMES - DELIVERY, COLLECTION, RETURN
The confirmed times given for delivery, collection, and return are estimates and Rapid Stor Corp shall not be liable for any delay in either of the delivery, collection, or return.
Rapid Stor Corp may postpone or cancel a delivery, collection, or return of Storage Boxes in the event that Rapid Stor Corp believes, in its sole discretion, that it may endanger any Rapid Stor Corp employee, agent, contractor or other individual due to (including but not limited to the following: severe weather conditions, limited access to the Delivery Address.
PARKING AUTHORIZATION AND CLEARANCE
It is your responsibility to advise and ensure Rapid Stor Corp of the parking arrangements for your dwelling. Rapid Stor Corp will not assist in obtaining any clearances, authorizations or parking permits.
Rapid Stor Corp will not be responsible for: (i) dismantling or assembling any unit, system, or furniture (including flat pack); (ii) disconnecting, reconnecting, dismantling or reassembling appliances, fixtures, fittings or equipment; or (iii) packing Goods into Storage Boxes. Rapid Stor Corp will NOT include any other accessories you may discover you need at the time of packing (paper, bubble-pack, tape). However, many of these items can be purchased from Rapid Stor Corp in advance.
PROHIBITED GOODS FOR STORAGE
You hereby accept that you own the Goods, which you are storing, or that you otherwise have the right and authority to store and use the Goods in accordance with this Agreement.
Provincial laws determine what may be stored. Do not store any illegal substances, explosives or firearms. When storing equipment with batteries, disconnect the battery cables to any equipment and remove any batteries.
You acknowledge and accept that the Goods must not include and you must not store any of the following: live animals, perishables, liquids, explosives, flammable liquids and fuels, toxic materials, valuables, jewelry, money or securities, works of art or craftsmanship, items that need a controlled environment, or any other items in which the possession, usage, or storage of which may detrimentally affect anything outside of your Storage Box or violate in any way the laws of Canada or any other applicable laws, rules, or regulations (collectively, “Prohibited Goods”).
PRIVACY & STORAGE
Rapid Stor Corp or its contractors will not at any time without notifying you open any Storage Boxes to inspect the Goods, unless, as is required by law to do so by police, fire services, local authorities or by court order; or (iii) considers it necessary, in its sole discretion, in an emergency or to prevent injury or damage to persons or property.
Rapid Stor Corp may refuse to store any Goods, or may return to you any Goods, at your cost, at any time, if, in Rapid Stor Corp’s sole discretion, the storage, or continued storage, of the Goods would represent a risk to the safety of any person, the security of the storage site, or any other goods stored at the storage site.
Simulated Wood Furniture: Our movers cannot be responsible for damage to simulated wood, particle board, or pressed board furniture. This type of material is structurally weak and is not repairable.
Electrical Goods:Our movers are not liable for internal damage to electronic goods if no external damage has been caused. Certain electronics may develop unavoidable faults no matter how carefully they are handled.
Appliances:Movers cannot be responsible for dents or scratches on major appliances. Many of these are covered by a thin metal that is extremely vulnerable to dents and scratches.
Items With Water:Freezers, refrigerators, waterbeds, aquariums, and the like must be emptied and drained prior to being moved.
Fragile Items:Dishware, porcelain, glasses, pictures, lamp shades, and other specialty items are not covered by our movers’ insurance unless packed by our professional movers using adequate packing materials. You are welcome to purchase your own packing materials (packing paper, bubble wrap, foam peanuts, cartons, tape, etc) and pack such items yourself prior to your move, and our movers will take great precaution to ensure they are transported as safely as possible, but they will not be insured.
Boxed Items:All boxed items are considered the client/owner 's responsibility. The condition of any item(s) packed by the customer/owner prior to moving is not covered by Rapid Stor Movers, unless there is clear proof that our movers have caused physical damage to the box itself. It is also the customer’s responsibility to inspect all boxes for physical damage upon their delivery prior to the movers’ departure. Rapid Stor Movers will not accept any claims of physical damage to boxes after its movers have left their assignment’s delivery location.
Self-inspection:It is the customer's responsibility, before signing their final receipt prior to the movers leaving, (i) to inspect their belongings to ensure they were delivered in good condition; and (ii) to inspect the truck’s interior to ensure that nothing has been left behind.
Downtime:All downtime (waiting for elevators to be set up or arrive, for new keys to be delivered, traffic, customer inspecting their belongings upon delivery, etc.) is billable unless otherwise specified.
Valuables:Rapid Stor Movers shall not be responsible for loss or damage to bills, cheques, evidence of debt, letters of credit, passports, tickets, documents, manuscripts, notes, mechanical drawings, securities, currency, money, precious stones, jewelry, or other similar valuables. All customers take full responsibility for moving the above-mentioned valuables themselves.
Risky Tasks:Our movers will not be held responsible for damage caused by non-routine moving practices, including but not limited to standing pieces on end, sharp turns, over-crowded work areas, crooked stairways, snags and sharp edges in work areas and doorways, passing items over balconies and railings, and tight squeezes. You will be asked to sign a waiver if our movers agree to attempt any non-routine moving request.
Unavoidable Damages:Weather-related damages, or damages occurring as the result of an item’s size in comparison to the width or height of a hallway, doorway, stairs, elevators or similar are not covered in any way. Our movers can still attempt to move the item in question should you desire but will not be responsible for any damages that may occur and will ask you to sign a waiver first. If at any time you then want the crew to stop, say so and they will.
Absent Customers:We encourage our customers to remain with us throughout the entire move, not least because when we are moving items such as furniture you can then point out any scratches, marks, or dents that we may have missed, or vice versa. If for whatever reason you are not available during your move, or if you need to leave during your move, we will need you to sign a release acknowledging that you accept all of the items in the condition that we bring them to you. Under these circumstances, we will not be responsible for any missing or damaged items, nor will we be held responsible for any items that were not moved.
Loss of Value:Our insurance does not cover any loss of value due to damage and subsequent repairs.
Limits of Liability:We are not liable for damage to or the loss of a complete set or unit when only part of such a set is damaged or lost. Should such damage occur, we are liable only for the damaged piece or pieces. Our liability is limited to up to $100.00 for damages to floors, walls, doors, and painted surfaces. A discretionary compensation is exclusively the right of Rapid Stor Movers and will not exceed 50% of the final bill of the move.