TERMS AND CONDITIONS – BAG HANDLER
TERMS AND CONDITIONS
Highlighted points to ensure the partnership with Bagation:
- Bagation app empowers users to book and pay luggage storage for a preferred duration with Bagation’s network of independent stores/locations listed on its service from time to time.
- Commission to Bagation: 40% of all income derived from the storage of all luggage at the Store. ( 10% of bagation’s commission goes to ****charity**** )
Summary of Store’s Obligations:
- All our partner stores must have “Public & Product Liability Insurance” in place.
- Receive, quick inspection, securely store and release/return the travellers’ luggage;
- **Ensure bags are ***secured and locked (security sealed)*** after inspection and signed on label for both parties peace of mind.
- Ensure that the luggage is only released/returned to the correct traveller by requesting and checking valid ID/matching signatures/email verification/ticket.
- Make any changes to active/inactive status, day-to-day storage capacity and operating hours so that the Services continuously and accurately reflects the Store’s current operating hours and storage capacity;
- Bag handlers must have an account with Stripe in order to partner with Bagation and receive it fees ( after deduction of Bagation’s commission);
- (***credit card details in order to receive its fees ( after deduction of Bagation’s commission***)
- During the Term, not carry out any activities or business or cash transaction with Bagation Client, which is inconsistent or incompatible with the Store’s obligations to Bagation. *****deactivate****( refer to last paragraph)
- When the store is listed on Bagation app, not carry out any activities or business which is in direct competition with Bagation.
- The Store owner is obligated to remove, dispose, confiscate or report to police of any unclaimed bags after the booking is expired for more than 72 hours.
If the stores breach any of the obligations above, Bagation will blacklist the store to be removed from the app. If lost, stolen or damaged to the luggages while under the supervision of the store, Bagation will not be liable to any compensation.
- If you make a luggage storage booking using the Software, then our Booking Terms and Conditions will apply. Those Booking Terms and Conditions set out important information about your rights and obligations regarding baggage deposit bookings made using the Software, and form a binding legal agreement between us.
- If you are a business premise owner wishing to list your storage facilities on the Software, then our relationship with you will be subject to a separate Agreement. Please contact us at firstname.lastname@example.org
- Promotions or prize give-aways on the Software from time to time may be subject to their own specific terms and conditions. Please look out for details of those terms and conditions when entering such promotions.
- It is possible to book storage via the app 24/7. Orders made outside the shop’s opening hours can only be used the following day once the shop has opened. The individual shop’s opening hours are listed on the app.
- To reserve luggage storage, the customer must be over 18 years old and have a valid credit card.
- Customers are permitted to drop off standard luggage for storage. Bagation will only accept Standard Luggage (“bags” or “luggage” means Bagation acceptable “Standard Luggage”).
- The following types of luggage are not considered as standard:
- Valuable documents
- Life-saving medicine
- Explosive items and substances
- Flammable fluids etc.
- Live animals
- Perishable goods; including food etc.
- Items that are illegal to possess according to Australian law.
- Fragile items that are not suitable for storage with other luggage.
- Items with significant sentimental value
- Other items similar to Jewellery.
CHANGES AND AMENDMENTS
These Bagation Store Terms and Conditions are subject to occasional revision and change. Bagation is entitled, upon a 30 days notice to the Store, to make any changes and amendments to these Bagation Store Terms and Conditions as Bagation deems appropriate. The notice may be sent to the Store by email to the email address provided at signup.
Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Bagation or by third-party providers, or because of other causes beyond Bagation’s reasonable control, but Bagation will use reasonable efforts to provide advance notice by email of any scheduled service disruption. However, Bagation does not warrant that the services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the services . The services are provided “as is” and Bagation disclaims all warranties. Express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary, except for bodily injury of a person. Bagation and its suppliers ( including but not limited to all equipment and technology suppliers), officers, affiliates, representatives, agents, contractors and employees shall not be responsible or liable with respect to any subject matter of this agreement or the store’s or a user’s use of the services, or any terms and conditions related thereto, under any contract, negligence, strict liability or other theory: (A) For error or interruption of use of for loss or inaccuracy or corruption of Data or cost of procurement of substitute goods, services or technology or loss of business; (B) For any indirect, exemplary, incidental, special or consequential damages or for loss of profit or income; (C)For any matter beyond Bagation’s reasonable control; or (D) For any amounts that, together with amounts associated with all other claims, exceed the commission paid by the store to Bagation for the services under this agreement.
ACCEPTANCE OF AGREEMENT
CHANGES TO THIS AGREEMENT
ACCESSING OUR WEBSITE
Use of our Software is permitted on a temporary basis and we reserve the right to withdraw or amend any or all of the Software without notice. We may suspend access to the Software periodically to carry out emergency or scheduled maintenance or for any other reason at any time. Access to our Software is dependent upon availability of the worldwide web and we accept no responsibility for the inability of you or the public generally to access our Software arising out of circumstances beyond our reasonable control.
- use our Software in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
- modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Software;
- use our Software in any way to manipulate or distort, or undermine the integrity and accuracy of, any reviews, descriptions, ratings or content or take any action to interfere with, damage, disrupt any part of our Software or the features or services offered on it;
- use our Software to send, knowingly receive, upload/post, download, any material which does not comply with our content standards;
- use our Software to transmit or facilitate the transmission of any unsolicited or unauthorised advertising or promotional material;
- use our Software to transmit any data, or upload to our Software any data, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- decompile, reverse engineer or disassemble any portion of our Software;
- use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained on our Software, or use network-monitoring software to determine architecture of or extract usage data from our Software; or
- engage in any conduct that restricts or inhibits any other user from using or enjoying our Software.
We may now or in the future permit you to post, upload, transmit through or otherwise provide through our Software (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information (e.g., your name, e-mail address, etc.) and other content (collectively “User Content”). For example, any comment, rating or review of a product or a merchant, or (if you are a business premise owner) any details or description to be used in the listing of your business premise on the Software, that you post through our Software is your User Content.
You agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You agree that your User Content:
- will be accurate (where facts are stated), reflect opinions genuinely held by you, and comply with all applicable laws;
- will be truthful, non-misleading and non-deceptive;
- will not contain any material which is tortious (e.g., defames or invades the privacy of any person, etc.), obscene, offensive, hateful or inflammatory;
- will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence;
- will not be threatening, abuse or invade another’s privacy, or provided with an intent to harass, upset or embarrass any other person;
- will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else;
- will not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.); and
- will comply with any other applicable terms or conditions.
We may monitor, edit or remove any User Content for violation of the letter or spirit of these terms, or for any other lawful reason. However, we have no obligation to look for, edit or remove any User Content for any reason including, without limitation, violation of these terms.
USER CONTENT LICENCE
We do not claim ownership to your User Content. However, by submitting User Content, you grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and license to use, reproduce, distribute, create derivative works based upon (e.g., translations, etc.), publicly display/perform, transmit and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate in connection with our business and operations. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
RELIANCE ON INFORMATION POSTED
To the fullest extent permissible by law, we disclaim all liability and responsibility arising from any reliance placed on such information and all terms, representations, conditions or warranties that might otherwise be implied in this Agreement are hereby excluded.
Bagation provides luggage storage for travellers on behalf of independent shops via the specially developed Bagation App.
BOOKING STORAGE ON THE APP
Only shops listed on Bagation App will be visible on the App API. The customer states an estimated timeframe for drop-off and collection of luggage and is therefore personally responsible for staying updated with the shop’s opening hours.
The money is only deducted from the payment card once the luggage has been dropped off at the shop. The customer is liable to extend booking if they are running late. If you exceed booking hours there will be a surcharge. Payment information is not stored by Bagation. Bagation uses Stripe payment gateway to process payments.
Payment information used when ordering cannot be changed while the luggage is stored. If the customer wishes to change the payment details, the customer needs to use any new payment details for any future payments from the app.
Payment details are on the app booking history.
The estimated amount shown before any order is made, is based on the customers filled in information. The price deducted from any card payment will reflect the actual drop off time and pick up time. The price for this will be shown on the App.
TYPE OF LUGGAGE
Bagation offers storage of all standard types of luggage. However, please be aware that the shop has the right to ask you to open your luggage to make sure that no forbidden belongings are stored in your luggage.
All valuable items must be placed in an area in the luggage that can be locked off by the customer.
Damage or loss of the items covered in (types of luggage) are not covered by Bagation or the shop, and are therefore the customer’s own responsibility.
Bagation and the shop have the right to refuse storing luggage that contains non standard luggage items.
Should Bagation or the shop become aware that any luggage stored contains the items listed in “non standard types of luggage” depending on the nature of the item, they are entitled to destroy or remove the item, hand it over to the police or other authority, ensure suitable storage at the customer’s cost or in any other way take the necessary action for the relevant items.
Actions taken following the above shall be without any liability to Bagation or the shop and at the customer’s expense, in the event the action has led to costs for Bagation or the shop.
RISK OF LUGGAGE
Travellers must have comprehensive travel insurance.When the luggage has been dropped off at the shop and the customer has received an electronic receipt number, the risk of damage to the luggage is held by the shop and Bagation.
Once the luggage has been collected from the shop and the customer has received a receipt for collection, the luggage is at the customer’s risk.
The consumer law in Australia applies to purchases via Bagation App.
Payment will be processed once you drop off your luggage at the local shop. Any unused booking will automatically be canceled free of charge.
The customer can withdraw from a storage agreement by collecting the luggage before the agreed time. Should luggage be collected before the agreed time, the customer pays a corresponding price for the storage.
COMPLAINTS, ERRORS AND DEFICIENCIES
The Purchase Act applies to all sales via the App.
Bagation communicates the storage service between the customer and the individual shop. The shop is responsible for any damage to the luggage, theft of or from the luggage or loss as a result of late delivery of the luggage as a result of neglect from the shop’s side.
Bagation is responsible for any damage to the luggage, theft of or from the luggage or loss as a result of late delivery of the luggage, which is not the result of neglect from the shop’s side.
Upon collection of luggage from the shop, the customer is entitled to check for any visible signs of unauthorised access to the luggage during storage. If there are signs that the baggage has been accessed during storage, the customer must instantly complain to the shop, which then will inform Bagation.
Complaints about the shop should not be made to Bagation.
Complaints are sent to Bagation within a reasonable timeframe after the customer has discovered the fault.
Neither party is responsible for the other’s loss caused by force majeure. Force majeure is taken to mean (but not limited to):
- Breakdown in/lack of access to IT systems or damage to data in these systems, which can lead to the terms below, regardless of whether it is Bagation or an external supplier operating the systems,
- Failure of power supply or telecommunications, legislative or administrative acts, natural disasters, war, riot, civil commotion, sabotage, terrorism or vandalism (including computer viruses and hacking);
- Strikes, lockouts, boycotts or picketing, regardless of whether the conflict is directed at or initiated by the lessor himself or lessor organisation and regardless of the conflict reason, or
- Other circumstances outside the Party’s or shop’s control
Parties’ freedom from responsibility, does not apply if:
A party should have foreseen the conditions that caused the loss when the order for luggage storage was made, or could have avoided the reason for loss, or
Legislation makes the party responsible for the conditions that led to the loss.
The individual shop is responsible for updating information about available capacity, opening hours etc. but reserves the right to make errors in this information.
If the customer discovers an error or incorrect information, the customer is encouraged to contact Bagation or the relevant shop.
Bagation cannot be held responsible if the luggage ordered cannot be dropped off as ordered, but Bagation will make all efforts and strive to refer to another Bagation shop suited to the needs of the customer.
The customer does not pay for such faults and reservation and payment information is deleted.
To order luggage storage via the App, the customer must provide information covered by the Personal Data Protection Act.
Bagation and shops register the customers’ information in accordance with the at all times applicable Personal Data Protection legislation.
By contacting **********, customers can find out which data Bagation and the shops keeps from the customer. The customer can object to a registration under the applicable rules of the Personal Data Protection Act.
EXCLUSIONS AND DISCLAIMERS
To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Software and the Materials.
Nothing in this Agreement shall exclude our liability for:
- death or personal injury arising through negligence;
- fraudulent misrepresentation; and/or
- anything else that cannot be excluded or limited by us under English law.
We shall not be liable under this Agreement for any indirect, special, incidental or consequential damages whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, even if advised of the possibility of such damages.
The Materials may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Materials. Any reliance on any such opinion, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Software and to make any changes to the features, functionality or content of the Software at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content on the Software.
We do not represent or warrant that the Software will be error-free, free of viruses or owner harmful components, or that defects will be corrected.
LEGAL COMPLIANCE AND APPLICABLE LAW
You shall comply with all applicable laws and regulations in connection with your use of the Software and the Materials that appear on it.
Purchase of storage of luggage via the App is covered by Australian law. Any dispute that cannot be solved normally shall be decided in the Australian courts.