Welcome, and thank you for your interest in BAGLi, LLC. d/b/a MyBAGLi (“BAGLi,” “we,” or “us”) and our website at www.mybagli.com, along with our related websites, networks, applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and BAGLi regarding your use of the Service.
ARBITRATION NOTICE.Except for certain kinds of disputes described in Section, you agree that all disputes arising under or in connection with these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND BAGLI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
BAGLi Service Overview. The Service is designed to facilitate reservations and payment for short-term storage for personal items by or between an individual ( also, referred to as 'Storage seeker(s)' or 'Consumer(s)' or ‘Customer(s)’ or 'Seeker(s)') and a variety of independent service providers having convenient retail locations (also, referred to as 'Storage Provider(s)' or 'Host(s)' or 'Provider(s)' or ‘Partner(s)’ or ‘BAGLi Partner(s)’)).
Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service and any Storage Services you obtain through the Service is in compliance with any and all applicable laws and regulations. If you represent an entity, organization, or company, and you are accepting these Terms on behalf of such entity, organization, or company, then you represent and warrant that you have all necessary authority to bind such entity, organization, or company to these Terms.
Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, and other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
General Payment Terms.In order to obtain Storage Services or use certain other features of the Service, you may be required to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.
Price.BAGLi reserves the right to determine pricing for the Service and Storage Services. BAGLi will use commercially reasonable efforts to keep any pricing information published on BAGLi’s website up to date. We encourage you to check our website periodically for current pricing information. BAGLi may change the fees for the Storage Services and any other feature of the Service, including additional fees or charges, if BAGLi gives you advance notice of changes before they apply. BAGLi, in its sole discretion, may make promotional offers with different pricing to any of BAGLi’s customers. These promotional offers, unless made to you, will not apply to you or these Terms.
Authorization.You authorize BAGLi to charge all sums for the Services and Storage Services you select, as described in these Terms or published by BAGLi, to the payment method specified in your account. If you pay any fees with a credit card, BAGLi may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Delinquent Accounts.BAGLi may suspend or terminate access to the Service and Storage Services for any account for which any amount is due but unpaid. In addition to the amount due for the Service and Storage Services, a delinquent account may be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
Prohibited Items; Valuables.You may not use the Storage Services to store or transport: (a) any items whose possession or transportation is illegal under any applicable laws, including the laws of the location(s) where such items are to be stored or transported; or (b) weapons, firearms, ammunition, explosive items or substances, flammable liquids or gasses, pesticides or other toxic chemicals, live animals, or narcotics ((a) and (b) collectively, “Prohibited Items”). Additionally, while you may at your own risk store or transport cash, jewelry, medicines, immigration documents, and other valuables and perishables (“Valuables”) using the Storage Services, the Storage Services are not designed or intended to protect such Valuables, and you acknowledge and agree that BAGLi has no obligation to insure such items against loss, and that BAGLi and its service providers will have no liability whatsoever for any loss of or damage to such Valuables or any harm that may result from loss of or damage to such Valuables, whether such loss or damage results from the Storage Services or otherwise. BAGLi and its authorized providers of Storage Services have the right to inspect all items you deposit in connection with the Storage Services for Prohibited Items, and to reject or convey to law enforcement authorities, as appropriate, any Prohibited Items.
The BAGLi Safekeeping Guarantee
BAGLi works in its best effort to ensure policy and procedures are being followed to keep all Users’ items stored without issue.
BAGLi will compensate for the loss or damage to your property, subject to the exclusions and conditions outlined below.
Please read all terms before leaving items with BAGLi so you do not violate any terms and understand the compensation policy.
The guarantee is a service provided by BAGLi and does not constitute a contract of insurance, offered at the discretion of BAGLi as outlined in this clause.
You must notify BAGLi by sending an email to email@example.com within 24 hours of discovering the loss or damage to your items for which you wish to invoke the guarantee.
The guarantee covers any standard items, allowed by the general Terms and Conditions in this document. It is, however, the user’s responsibility to provide evidence beyond a reasonable doubt that the items were damaged or lost while being stored with BAGLi.
Prohibited Items.Values and items listed under Prohibited Items are not covered by the guarantee.
Fragile Items.Items which were not handled or packaged safely. The following items would be considered as such, but are not limited to: vases, fragile class items, art painting, photos, liquids etc.
BAGLi will compensate the value of the items up to the amount specified above, taking into account the items’ initial value as well as any loss caused by wear and tear. The compensated value will be decided completely at BAGLi’s discretion.
A valid BAGLi reservation needs to be presented for the guarantee to be in effect.
You must not have received any compensations of any amount from any insurer or other party with respect to the loss for which you are presenting the claim. You must be prepared to disclose any relevant communication with your insurance company to us. Failure to do so, will automatically result in the claim being rejected.
Burden of Proof.In order for the guarantee to be in effect you need to be able to prove the following:
The exact items that were stored in your booking with BAGLi.
The condition immediately before they were stored with BAGLi.
The condition at the time the items were checked out.
The value of each item included in the claim.
Failure to provide adequate documentation of the requirements listed above, will automatically give grounds for a rejection of the claim. Whether or not the evidence provided is to be considered adequate will be decided at BAGLi’s discretion.
Cooperation. You must be prepared to cooperate and communicate with relevant parties such as the Store Partner and local law investigators in resolving the case.
Limited License. Subject to your ongoing compliance with these Terms, BAGLi grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) access and use the Service; and (b) install and use one object code copy of any mobile application associated with the Service on a mobile device that you own or control.
License Restrictions.Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
Feedback.If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant BAGLi an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
Ownership; Proprietary Rights.The Service is owned and operated by BAGLi. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by BAGLi are protected by intellectual property and other laws. All Materials included in the Service are the property of BAGLi or its third party licensors. Except as expressly authorized by BAGLi, you may not make use of the Materials. BAGLi reserves all rights to the Materials not granted expressly in these Terms.
Third Party Terms
Third Party Software.The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
User Content Generally.Certain features of the Service may permit users to upload content to the Service, including reviews, photos, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
Limited License Grant to BAGLi.By providing User Content to or via the Service, you grant BAGLi a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, reformat, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
12. BY USING THE SERVICE YOU AGREE NOT TO:
use the Service or any Storage Services for any illegal purpose or in violation of any local, state, national, or international law;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
Modification of these Terms.We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you may be required to confirm your acceptance of the modified Terms in order to continue to use the Service and Storage Services. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Term, Termination and Modification of the Service
Term.These Terms are effective beginning when you accept the Terms or first download, access, or use the Service, and ending when terminated as described in Section 13.2.
Termination.If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, BAGLi may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at firstname.lastname@example.org
Effect of Termination.Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service and the Storage Services; (b) you will no longer be authorized to access your account or the Service; (c) you must pay BAGLi any unpaid amount that was due prior to termination.
Modification of the Service.BAGLi reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain Storage Services or features of the Service), temporarily or permanently, without notice to you. BAGLi will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service or the Storage Services.
Indemnity.You are responsible for your use of the Service and the Storage Services, and you will defend and indemnify BAGLi and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “BAGLi Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service or the Storage Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party, including our Storage Service providers. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties
THE SERVICE, THE STORAGE SERVICES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BAGLI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, THE STORAGE SERVICES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF A COURSE OF DEALING, USAGE, OR TRADE. BAGLI DOES NOT WARRANT THAT THE SERVICE, THE STORAGE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BAGLI DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR BAGLI ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE BAGLI ENTITIES, THE SERVICE, OR THE STORAGE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE, THE STORAGE SERVICES, OR YOUR DEALING WITH ANY STORAGE SERVICE PROVIDER OR OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND THE STORAGE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE).
NOTWITHSTANDING THE FOREGOING, BAGLI DOES NOT DISCLAIM ANY WARRANTY OR LIABILITY THAT BAGLI IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BAGLI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, THE STORAGE SERVICES, OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BOUNCE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BAGLI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR THE STORAGE SERVICES, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO BAGLI FOR STORAGE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Dispute Resolution and Arbitration
Generally.In the interest of resolving disputes between you and BAGLi in the most expedient and cost effective manner, you and BAGLi agree that every dispute arising in connection with these Terms, the Service, or the Storage Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BAGLIi ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions.Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator.Any arbitration between you and BAGLi will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting BAGLi. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). BAGLI's address for Notice is: BAGLI, LLC., 222 W Merchandise mart plaza, suite 1212, Chicago, IL. 60654. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Bounce may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or BAGLi must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, BAGLi will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by BAGLi in settlement of the dispute prior to the arbitrator’s award; or (iii) $10,000.
Fees.If you commence arbitration in accordance with these Terms, BAGLi will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Cook County, IL, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse BAGLi for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions.YOU AND BAGLI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BAGLi agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Governing Law.These Terms are governed by the laws of the State of IL without regard to conflict of law principles. You and BAGLi submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Cook County, IL. for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Chicago, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
Additional Terms.Your use of the Service and Storage Services is subject to all additional terms, policies, rules, or guidelines applicable to the Service or Storage Services that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
International Use.The Service is intended for users located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
Additional Obligations of the Storage Provider
The Storage Provider must describe the Storage Space, along with any conditions of storage they wish to apply, on the listing page of the Website. Such description may include text, graphics, pictures and other relevant content and should include details like location address and access offered. All descriptions and information must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief. In the event that the Storage Space becomes unavailable for any reason, you agree to notify BAGLi immediately via the email address mentioned in our Contact Us page of the Website and remove or suspend the listing as soon as reasonably practicable.
The Storage Provider will comply with the access and security arrangements outlined on the description of their Storage Space’s Listings Page on the Website
The Storage Provider will use reasonable efforts to protect and maintain the security of the Stored Goods and ensure that they remain undisturbed and in any case take at least equivalent security precautions in relation to the Stored Goods as the Storage Provider does with his/her own property at the same premises.
The Storage Provider agrees to offer reasonable compensation to the Storage Seeker in the event of damage to or loss of Stored Goods due to an act of negligence by the Storage Provider when such damage or loss could have been avoided. Reasonable compensation will normally mean paying for reasonable repairs or, where the Stored Good(s) are damaged beyond repair, providing compensation of no more than the actual cash value of goods. Compensation will not be offered for any loss: (a) in respect of which a payment is made under an insurance policy; (b) caused by any act or negligent act or omission by the Storage Seeker; (c) if the Stored Good(s) are any of ‘Prohibited Items’.
If Storage Provider is terminating the booking early for any reasons, the Storage Provider will give a notice to the Customer, including sending a message via phone and email immediately to the Customer, along with notifying the Company via email. The Company reserves the right to suspend the User account of any Storage Provider who in the Company’s opinion terminates a booking early without good reason and/or violates any terms of this agreement.
It is your responsibility as a Provider to ensure that promoting your storage space on the Website will not breach or invalidate any applicable mortgage, insurance or other agreement or policy that you are binded to. You should check the terms of any such agreement or policy before promoting your storage space on the Website and include any applicable restrictions in your Listings page. BAGLi will not be liable for any violation whatsoever in this case.
The User must be legally permitted to promote the Listing on the Website. It is the responsibility of the Provider to investigate the legality of making the storage space available to other people. BAGLi will not be liable for any such violation by the Provider
Registering on the Website, searching and view listing pages, adding a listing of a storage space are free.
All financial transactions between the parties will be processed by a third-party electronic payment system (the “Payment Manager”) embedded in the Website. Payment processing services for Storage Providers on BAGLi are provided by Stripe and are subject to theStripe Connected Account Agreement, which includes theStripe Terms of Service(collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Storage Provider on BAGLi, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of BAGLi enabling payment processing services through Stripe, you agree to provide BAGLi accurate and complete information about you and your business, and you authorize BAGLi to share it and transaction information related to your use of the payment processing services provided by Stripe.
BAGLi at its sole discretion reserves the right to decide the Provider Share of the fees and may change it whenever necessary as deemed appropriate without giving any notice to Users of the Website. Currently, the Provider Share is fixed as 40% of the fees that the Seeker pays for a booking minus the taxes and transaction fees to the Payment Manager and the bank, as applicable. BAGLi will not be responsible and liable for any personal income taxes that the Provider owes as part of such earnings that the Provider makes through this Provider Share of the booking.
Payment Cycle to Provider: BAGLi will pay the Storage Providers on a bi-weekly/monthly payment cycle. For each bi-weekly or monthly Provider share amount, that is, the amount aggregated via Provider Share for all successful bookings at all their Listings on the Website for that period, BAGLi will transfer this amount via online transfer, check or cash to the Storage Provider within 15 days of the end date of the period. BAGLi does not take responsibility for any delays in transfer resulting either due to the Payment Manager or the recipient Provider’s bank or inaccuracy in bank account information provided to BAGLi at the time of registering on the Website. In the event of canceled or modified bookings, there may be significant delays in transferring the Provider Share for these bookings and such amounts may not be covered in the normal bi-weekly/monthly payment cycle. However, upon settlement of a cancelled or modified booking, the Company will ensure transfer of Provider’s share in the subsequent Payment Cycle.