GENERAL CONDITIONS AND TERMS OF USE

This Agreement is made between StorageMart Corporation, a company registered in Metro Manila with registered office at 3112 Eran Street, Barangay Pinagkaisahan, Makati, Metro Manila 1213, Philippines (“StorageMart”, “we”, “us” or “our”) and you, the customer (“customer”, “you” or “your”) who wishes to use our Services.

For the consideration hereinafter stated, StorageMart Corporation\ (“Company”) shall store Customer’s personal property (“Personal Property/ “Items”) in an undisclosed facility (“Facility”). The Company will issue a receipt to the customer for the personal property it stores (“Storage Receipt”). Said Personal Property shall be picked up by Company and redelivered to Customer, upon request, provided all storage and other charges are paid and a “Redelivery Receipt” is signed by the customer. No access to property will be allowed and delivery will not be scheduled unless all charges are paid in full. Failure to return the Receipt for correction within five days of receipt shall be evidence that the Receipt is correct and shall be deemed a consent to and ratification to all of its terms and conditions.

You may avail of either individual or corporate accounts. For an individual to be eligible, user must be real a natural person, with the age of at least eighteen (18) years and is competent to enter into contracts in his own name. An individual customer must use his legal name in his transactions with StorageMart. He will be required to provide StorageMart a governmentissued ID for verification purposes. Meanwhile, corporate accounts shall be made available to corporations, firm or any other entity who would like to avail of StorageMart’s valet storage services. They shall, however, be required to name and register their authorized personnel who may transact with StorageMart.

In order to use our Services, you must register and create an account with StorageMart. Registration may be done via the StorageMart website or apps or through StorageMart customer service hotlines. Personal or business information including but not limited to legal name, email address, phone number and address as part of the registration process. You may designate up to two representatives who are authorized to take the delivery of their property. You are responsible, in accordance with the terms of our Privacy Policy, to ensure that the personal information you provide is complete, accurate and up to date.

Upon registration, you will provide their login information and choose a username and password. You are responsible to keep your login information confidential and to take all reasonable steps to ensure nobody other than authorized persons can access their account and StorageMart Services. You agree that any person in possession of their login information is authorized to act as your representative for using StorageMart Services, Website and Apps. Customers are responsible for all the activities that occur under their account.

StorageMart may agree to accept payments made on your behalf by a third party, at the customer’s request. Even if there is a third party making payments for you, you shall remain fully liable for all of his obligations to StorageMart. Absent a separate written agreement signed by StorageMart, such a paying party shall not become a third party beneficiary or have any rights to your items or any rights under this agreement.

StorageMart offers two valet storage options: “per square meter (sqm)” or “per bin”. A menu of services can be accessed here by clicking StorageMart Storage Plans and Services.

By submitting an order through StorageMart customer service hotlines and/or the StorageMart website or apps, you have requested that your personal property be picked up, delivered and stored at the Facility and you have agreed to all of the Terms & Conditions provided herein. You warrant that throughout the term of this Agreement all personal property that are entrusted to StorageMart are and shall remain your property and are not subject to any lien or security interest of others OR that you have the expressed permission and authority of the owner of the property to use StorageMart Services in accordance with this Agreement.

StorageMart maintains a set of rules about what you may or may not store as part of your items, how these should be packed or prepared for pick-up by StorageMart and how these are stored (See “Valet Storage Rules”). The policies outlined in the Valet Storage Rules are an integral part of this agreement. You agree to be governed by these policies. If you are found to be in violation of the Valet Storage Rules, you will be in breach of this Agreement. StorageMart may refuse to store any item at the sole discretion of StorageMart, even if that item is not expressly forbidden by the Valet Storage Rules. StorageMart does not, however, warrant that the storage facility used by StorageMart is a suitable place or means of storage for any particular personal property.

After the receipt of your property at the Facility, the Company will issue a Storage Receipt to you via email, through the email address you have provided, or through your customer online account. This will include a photograph of each storage box. Upon issuance of the Storage Receipt, the Company certifies that the Company has received the property for storage in your account and you agree to these Terms & Conditions, which are expressly incorporated by reference into the Storage Receipt.

You acknowledge that the Company is not aware of the actual contents, condition and quality of personal property that are packed by the owner. When the Company arrives to pick up the personal property, the Company may inspect these and may note the condition of the personal property based on their best estimate of the properties’ condition. You will be bound by the condition noted of the property unless he objects to such notation within 10 days of receipt of the Storage Receipt. Any time after delivery of the items to the Facility, such personal property shall be delivered to you upon request, provided that all storage, handling and other Charges, including minimum charges, have been paid.

You acknowledge and agree that the Company may subcontract with Authorized Agents to perform any and all services, and expressly consents to the Company’s use of Authorized Agents to provide the services as described herein. You further acknowledge and agree that your reservation time is only an estimate and that Company reserves the right to modify or delay the pickup time for your Items, upon prior notice to you. Company expressly disclaims any liability for any losses incurred by you related to the timing or scheduling of the pick-up of your Items.

The period of time that this Agreement is in effect is called the “term”. The term of the Receipt shall be a minimum of one (1) month if the customers avail of the “per sqm” option and a minimum of three (3) months if “per bin” (“Minimum Commitment”). The term shall thereafter be automatically renewed until terminated by either Company or Customer but after the completion of said renewed term, such that if the customer signs up for a monthly storage plan, its term will automatically be renewed every 30 days and may be terminated only after the end of the renewed month. The term of your agreement will start the day of your scheduled pick-up.

You shall pay valet storage charges (“Storage Charge”) to StorageMart according to the StorageMart Storage Plan and Services you use. Customer will be charged a monthly Storage Charge commencing at the start of the terms and ending on the termination of this Agreement. The Storage Charge you must pay is the sum of the full amounts set out in the standard pricing that apply to your Storage Plan. The full amount includes the rent arising from the Minimum Commitment, the fees for our Services and any applicable taxes imposed by any taxing authority for the use of our service. All applicable charges are those specified on the Website at the time of booking. Storage Charges are not refundable. There will be no proration for partial months and all charges are mandatory.

Upon the placement of your order through the StorageMart customer hotlines, website or apps, a cost-estimate, which includes all the potential fees and the corresponding upfront deposit, shall be provided to you.

An upfront deposit equivalent to 50% of the initial quotation of the Storage Plan you have chosen will be required upon your availment of any of the StorageMart Storage Plans and Services. THE DEPOSIT MUST BE PAID BEFORE THE COMPANY PICKS UP YOUR PROPERTY. Thus, only after the payment of the security deposit will we schedule the collection/pick-up of your items.

Storage Charges are calculated on a monthly basis and will be billed on the start of the billing cycle. The start of the billing cycle shall be set on the date of issuance of the Storage Receipt. Charges for subsequent months’ storage will be billed monthly in advance at the beginning of each billing cycle Charges for returning the Items to you will be billed in full on the date of your scheduled delivery. Storage Charges must be paid in full, without any deductions, without prior notice from us.

Storage Charges must be paid when it is due, or you will be subject to a Delinquency Fee, denial of access, and ultimately a lien sale (see “Default” below).

The Storage Charges, amounts and type of other fees and/or charges, may be adjusted by StorageMart from time to time. These adjustments will be effective the month following notice by StorageMart to you specifying the adjustment. Such notice will be given to you at least thirty (30) days prior to the first day on which the adjustment will be effective. Any such adjustment will not otherwise affect other terms of this Agreement and all other terms of this Agreement shall remain in full force and effect.

A. Company’s Responsibility for the Property: StorageMart may refuse to store any personal property or may return to customer any item, at his cost, at any time, if it is reasonably believed that the storage or continued storage of such property would represent a risk to the safety of any person, the security of the storage facilities, or any other personal property stored at the storage facilities.

Otherwise, the Company will be responsible for the exercise of ordinary diligence and care with respect to Customer’s property; but not responsible for ordinary wear and tear in handling, nor for loss of or damage to the property caused by moth, fire, theft, insects, rodents, normal wear and tear, leakage, moisture, changes in temperature, rust or deterioration, Force Majeure, deterioration by time or causes beyond its control. Customer agrees that Company is NOT liable for damages including but not limited to (i) Force Majeure such as earthquake, liquefaction, flood, water damage, other types of weather, (ii) fire and explosion, (iii) normal depreciation, deterioration and wear and tear, (iv) damage from insects and animals, (v) external damage to the storage facility structure, and (vi) loss or damage directly or indirectly caused by other customer’s stored items.

For gross negligence on the part of the Company, its employees and agents, the Company may be held liable for only up to Five Thousand Pesos per bin and Fifty Thousand Pesos per space. The liability of the company and the extent thereof must, however, be proven and accordingly be valuated subject to the foregoing limits. The same limits constitute the basic protection under the customer’s storage plan.

B. No Property Insurance: The Company does not maintain any insurance on your personal property that you can make a claim under. Insurance that applies above the limits of the basic protection under your Storage Plan is your sole responsibility. You have the option of obtaining your own personal coverage for your items stored in StorageMart, and if you do not do so, you understand that StorageMart will not be liable beyond the amounts and conditions in these Terms.

C. Limitation of Liability: The Company shall not in any event be held liable or responsible for any damage or loss to the Items beyond what is contemplated under Clause 6.A and what is covered by the basic protection in your Storage Plan, in that:

A. Compliance of Terms of Agreement: If Customer fails to comply with all Customer obligations in this Agreement, including but not limited to pick-up and packing requirements stated above, then Customer agrees that Company will not be liable under the Liability provisions contained herein.

B. No Bailment: Customer acknowledges and understands that no bailment is created by this agreement. The Company is not engaged in the business of storing individual items for hire. The Company does not take care and does not have custody, control, possession or dominion of the contents of the closed bins or containers in any manner whatsoever and does not agree to provide insurance for the contents thereof. As such, it is expressly understood that customer assumes the risk of storing its property with the Company, except as provided under Clause 6.A.

C. Customer’s Insurance Option: The Company’s Storage Services requires all Customers to have insurance. The Customer may avail of the Company’s insurance or may secure their own insurance at their own expense to keep its property insured against loss or damage. Customer expressly agrees that any carrier that issues any insurance on the personal property stored or otherwise located in the Facility to Customer shall not have the right of subrogation to any claim the Customer has against the Company, Company’s agents or employees, including include the Company’s insurance carrier.

A. Customer’s Right to Terminate: The Company’s obligation to store the Customer’s property may be terminated by the Company by giving Customer at least ten (10) days’ prior written notice. Company reserves the right, upon termination, to require the absolute removal of property, irrespective of date of the Storage Receipt, and if not removed, Company is hereby empowered to have the property removed at the expense of the Customer.

B. Customer’s Right to Terminate/Redelivery: Customer may terminate its storage and/or request redelivery of the property at the Company’s Facility location at any time, provided the customer gives a forty eight (48)- hour prior notice to the Company and such notice is made on a business day. Customer may also terminate its storage and/or take redelivery of the Property at a location other than the Facility Location any time, provided the customer gives a ten (10)- day prior notice to the Company and the redelivery is within Company’s service area. The timing for such redelivery shall be subject to Company’s delivery schedules.

Termination will not be effective until payment of all charges due through the termination date and removal of all Property from the Personal Property. Redelivery may be denied if any amount is due on the Customer’s account. Customer’s account must be “current” (paid in full) before any transportation of Personal Property occurs. Subject to transportation scheduling, road conditions, truck access ability, weather, force majeure or causes beyond Company’s reasonable control, Personal Property will be redelivered when all outstanding charges are paid and the Redelivery Receipt is signed by customer.

StorageMart reserves the right to open and inspect any Item in the event of an emergency, suspected criminal activity, suspected storage of prohibited items or violation of Storage Rules, or upon your default (see “Default” below) under this Agreement. Should StorageMart receive a search warrant from a governmental agency, we may, without incurring any liability to you, immediately remove any seal from the relevant items, allow your Items to be searched, and, if applicable, the Item or its contents to be seized. Should StorageMart receive a subpoena, or a law officer or governmental agency requests documents or information about your items, you agree that we may provide such information or documents without incurring liability to you.

Furthermore, StorageMart or anyone acting on its behalf may at any time, without notifying customer, open the containers or bins to inspect the items:

a. if the Company reasonably believes that they may contain any prohibited items described in Clause 6.A;

b. if the Company reasonably believes that people or property are at risk of injury or damage; or

c. any other circumstances at the discretion of StorageMart management.

After picking up your items, we will store them at a StorageMart facility; however, you acknowledge and agree that during the term of the agreement, we shall have the right, at our sole discretion, to move your items to another one of our facilities within the Luzon area. Any decision by StorageMart to move your items will not affect your financial obligations to us during the course of your time storing with StorageMart.

A. Default: The following events shall be deemed to be events of default by Customer under this Agreement: a) failure to pay rent; b) failure to comply with any term or provision of this Agreement; or c) abandonment of the Personal Property. If Customer defaults under any of its obligations under this Agreement, Company may pursue its remedies including terminating this Agreement, enforcing its rights in accordance with the Philippine Laws, or pursuing any other remedies available at law or in equity. The Agreement may, at the option of the Company, be terminated upon any default by the Customer.

If you are in default, the Company may, at its sole discretion, deny you access to your items. The Company will make commercially reasonable efforts to inform you of your default and collect any Storage Charge that is due. If you remain in default, the Company will charge you additional fees per its standard pricing. If you end up late on your payments, the Company may accept a full or partial payment of the Storage Charges or other outstanding fees. However, its acceptance of a partial payment does not cure your default. Furthermore, a partial payment will not release your items from any failure to pay under this Agreement.

B. Lien and Security Interest: The Company has a lien upon all personal property stored by customer for outstanding storage, labor, or other charges, present or future, in relation to the personal property, and for expenses necessary for its preservation, or expenses reasonably incurred in its sale or other disposition as permitted by applicable law. StorageMart may enforce the lien by selling the personal property stored by customer at a lien sale in accordance with applicable law. StorageMart will provide you with due and proper notice of the lien sale prior to its occurrence.

C. Foreclosure and/or Sale of Customer’s Property: The property stored may be sold to satisfy the lien if the customer is in default. If Customer fails to pay the amounts due, StorageMart may dispose of some or all of the Property by sale or otherwise. If any Property remains unsold after foreclosure and sale, the Company may dispose of said Property in any manner considered appropriate by the Company. It is understood and agreed that the liability of the Customer for the rents, charges, costs and expenses provided for in this Agreement shall not be relinquished, diminished or extinguished prior to payment in full.

If the proceeds of sale (if any) are insufficient to discharge the outstanding charges or any other payments due to Company under this Agreement and the costs of sale, Customer must pay any balance outstanding to Company within seven (7) days of a written demand from Company. Interest will accrue at the maximum legal rate until the balance is paid in full. If this is not settled within 7 days, the Company may administer a debt collection agency to recover all amounts due and all costs incurred as a result of this process shall be borne by you.

Customer shall be responsible for all costs reasonably incurred by Company in relation to the disposal of the Property. If Company receives money on disposal of the Property, the net proceeds of sale will be credited to Customer’s account and Company will pay any excess amounts to Customer without interest, less Company’s administrative charge set forth on the website. If, after having made reasonable efforts to do so, Company is unable to return any excess amounts received by Company from the disposal of Customer’s Property to Customer, including having given not less than sixty (60) days’ written notice to Customer, Company may retain any such excess amounts for its own account.

If, as a result of your actions or inaction, including your non-payment of Storage Charges and fees, StorageMart believes it is entitled to enforce its lien on your items and does so, StorageMart’s liability for a wrongful sale resulting from enforcing that lien is limited to the same limits in the applicable protection you selected in your Storage Plan.

To the fullest extent permitted by law, you agree to indemnify, defend and hold StorageMart, its employees, agents, suppliers and directors harmless on demand, from and against all claims, liability, damages, costs, expenses, losses and legal fees arising out of any breach of the Agreement by you. This clause also applies to any other liabilities arising out of your use of the Company Website/Apps or Services or by any other person accessing our Website or Services under your account.

No waiver by Company, his agents, representatives or employees, of any breach or default in the performance of any covenant, condition or term contained in this Receipt by Company, shall constitute a waiver of any subsequent breach or default in the performance of any other covenant, condition or term.

Any insurance carried by the Company or you is for the sole benefit of the party carrying the insurance. Each party waives its right to make any claim against the other for loss or damage in the event of casualty that is covered by its own insurance and will cause its respective insurance policies to be endorsed so as to waive that right of their respective insurers. You expressly agree that the carrier of any insurance obtained by you shall not be subrogated to any claim of you against us. This clause is a specific condition of this Agreement and we would not have entered into this Agreement without it.

Neither StorageMart nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through its Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. The Company make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered through the Services are provided “AS IS” and without any warranty of any kind from StorageMart or others. The services and content are provided by StorageMart on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.

To register on the StorageMart Website/Apps, you need to specify a login name and a password. StorageMart further needs your contact information for issuing the invoice. You are responsible for keeping this information correct, confidential, and up to date.

You recognize that you and the Company are entering into a business relationship as Company and Customer. As such, to the extent any law prohibits Company from contacting Customer by phone, fax, text or e-mail, you hereby consent to Company phoning, faxing, texting and e-mailing you with business-related communications and collection notices.

By completing the contact form, you ensure and take full responsibility that the entered data truly identifies you as a natural person or as a representative of the specified organization. If you place an Order on behalf of an organization, you ensure that you have the authority to do so. StorageMart is not liable for any consequences that may result from incorrect, incomplete, or false information you have entered or from data you have changed subsequently to your Order.

In case of online payments, you are required to enter your payment details. StorageMart does not receive detailed information (such as your credit card number) from transactions but instead receives information about whether the payment has been performed successfully or not.

StorageMart shall comply with the provisions of the Philippine laws and statutes on data protection and take all reasonable measures to keep your personal information confidential and secure. StorageMart will disclose your personal information to third parties only to the extent necessary to process your payment, to enforce and fulfill the purchase agreement, or to comply with legal and administrative obligations. StorageMart will not disclose your personal information to any third parties for marketing and advertising purposes without your explicit consent.

Customer agrees to be bound by rules and regulations as published by the Company from time to time. All rules and regulations shall be deemed to be part of this Agreement and incorporated herein.

This Agreement embraces and contains the entire contract between the parties hereto with respect to the Property described below. There is no concurrent, collateral or verbal contract in existence between the parties hereto.

If one or more of the provisions this Agreement is deemed to be illegal or unenforceable, the remainder of this Agreement shall be unaffected and shall continue to be fully valid, binding and enforceable.