This page states the Terms and Conditions under which you (User) may access and use the services provided by Cloaktech Solutions Private Limited, herein after referred to as “the Company” or, by the brand name “SafeCloak” and with its registered address at #20, 5th Cross, Teacher Colony, Nagashetty Halli, Bangalore -560094, under this website www.safecloak.in and its kiosk apps for locker usage/access, web apps for locker usage and/or any other associated applications. Please read this page carefully. If you do not accept the Terms and Conditions stated herein, you should exit the Website immediately and/or stop using the Company apps and associated applications and services immediately, as acceptance of these Terms is a precondition for accessing the Website and/or using the Smart Digital lockers provided by SafeCloak. SafeCloak, any of its business divisions and/or its subsidiaries, associate companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this post. You should visit this page periodically to re-appraise yourself of the Terms and Conditions because they are binding on all visitors of this Website and the users of the SafeCloak Smart Digital Lockers via the Company apps and other associated applications.

By accessing www.safecloak.in service and by using the SafeCloak Smart Digital Lockers for short term storage of your belongings and luggage, you are deemed to have accepted the Terms and Conditions listed below or as may be revised from time to time, and you understand and agree that you are bound by such terms till the time you access the website and use SafeCloak Smart Digital Lockers.

These terms and conditions (“Terms”), together with SafeCloak Privacy Policy and Prohibited Items Policy, provide you information about SafeCloak and the legal terms and conditions on which SafeCloak provides short-term storage services for your belongings and luggage via SafeCloak Smart Digital Luggage Lockers. The Terms, Privacy Policy and Prohibited Items Policy are together the “Agreement” for accessing SafeCloak website and using SafeCloak services via SafeCloak Smart Digital Lockers. Please read these Terms carefully and make sure that you understand them, before accessing SafeCloak website and using SafeCloak services via SafeCloak Smart Digital Lockers. Please note that by accessing SafeCloak website and using SafeCloak services via SafeCloak Smart Digital Lockers, you agree to be bound by these Terms and the other documents expressly referred to in them.

‍ELIGIBILITY FOR USE OF WEBSITE AND SAFECLOAK SMART DIGITAL LOCKERS

In order to access and use SafeCloak website and Smart Digital Lockers for storage of your belongings and luggage, please ensure that you are eligible to use these services under the applicable laws of India. If you do not qualify, you shall not access or use the Services of SafeCloak. Use of SafeCloak’s Service is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e., under the age of 18 years, you may use www.safecloak.in only under the supervision of a parent or guardian. If you are not a non-Indian citizen or non-Resident Indian, you may access, use and avail SafeCloak service only to the extent that the laws of India and those of your country of residence permits you to do so. Further, your use of SafeCloak services is based on the understanding and agreement that by accessing and using the Service, you are not violating the local laws in India and/or your country. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard.   

The following are the definitions and terms that the users/customers using SafeCloak website and Smart Lockers agree to abide by.

‍1. Definitions

• SafeCloak Smart Digital IOT Locker: A locker structure of appropriate dimensions for short-term storage of personal belongings and luggage, which shall be connected to internet and digitally operated using the digital user interface options provided. There shall be no traditional physical manual lock and key required for operational of such lockers and the payment for usage shall be entirely of digital mode.
• Locker Unit: Physical structure that will comprise of vertical towers that are put together in an orderly fashion to form a locker unit.
• Towers: Vertical sections that form a locker unit. They are of type S, M, L and XL which indicates the type of the locker boxes they contain.
• Locker Box: One storage unit in the Locker unit towers which shall be rented by the customer for short-term storage of their belongings and luggage. Depending on the storage volume they shall be designated as Small (S), Medium (M), Large (L) or Extra Large (XL). 
• Usage Duration: The duration for which the locker boxes are rented. Duration is usually designated in hours and minutes.
• Rental Fee or Pricing: The fees that the users/customers pay for using the locker boxes for short-term storage of their belongings usually set based on the size of the locker box and the usage duration. 
• User Interface: Either a kiosk app mounted on the locker unit or a web application or mobile application that shall be used by the users/customers of the Smart Digital Lockers to store or pick up their items/belongings from the locker boxes. ‍

2. Locker unit configuration

‍SafeCloak at its sole discretion shall decide the number and the type of the locker boxes that will be made available at a given locker unit installation. SafeCloak shall change the configuration of the locker unit box sizes and total number of boxes at any given time at its discretion. SafeCloak retains the right to provide the type of the user interface for a specific locker unit either as kiosk app mounted on the locker unit or a web application or mobile application or a combination of all of these.

3. Term

‍The term of this Agreement shall begin at the time when a user/customer starts using SafeCloak Smart Digital Lockers and continue for the duration of the usage.  Few of the terms of this Terms and Conditions document will continue to be in force even after the storage duration only to ensure any statutory compliances as required by the law. ‍

4. Locker Rent & Payments

‍Users/Customers of SafeCloak Smart Digital Lockers agree to pay a rental fee as indicated on the user interface during the Store flow/process. Rental fees will be based on the storage duration and locker box type selection. During Pickup flow/process the users/customers may also be required to make a differential payment if they would have extended the storage duration that they would have selected during the Store process. Locker rental fees shall be displayed on the user interface screen and/or directly displayed on the locker unit.

The users/customers agrees to pay locker rent and related fees using online payments like UPI, credit cards, debit cards or bank transfer, before closing the locker contract. SafeCloak reserves the right to refuse payment by check or cash.

The User shall not store any personal property that would result in the violation of any law or regulation of any governmental authority, including without limitation all laws and regulations relating to Hazardous Materials, waste disposal and other environmental matters.

5. Usage of Lockers

‍SafeCloak Smart Digital Lockers are self-serviced and can be used by the users/customers themselves via the user interface provided. The users/customer agrees to use the SafeCloak Lockers to store only for the luggage and belongings wholly owned by the users and their family. The User shall not store food or any perishable items. User agrees not to store collectibles, heirlooms, jewellery, cash, works of art, or any property having special or sentimental value to User. The User waives any claim for emotional or sentimental attachment to the stored items/property.  

The users/customer of SafeCloak lockers shall not use the locker in any manner that will constitute waste, nuisance, or unreasonable annoyance to other users/customer of the SafeCloak Locker and premises at which the lockers are installed.

SafeCloak reserves the right, without prior written notice to the users/customers, to temporarily deny user access to the SafeCloak Lockers for any reason including, without limitation, pandemic situation, lockdown, unsafe weather conditions as determined by SafeCloak in its sole discretion..

6. Damage to Locker units and vandalism

‍The users/customers of SafeCloak Lockers shall use the lockers in a responsible way and do not intentionally engage in activities that would damage the locker unit structure and premises. Any such deliberate act with an intention to damage the locker unit and locker boxes will be considered an act of vandalism and entity/individuals engaging in such acts will be liable for prosecution under criminal and civil laws of India.

7. Prohibited & Restricted Items

‍The users/customers of SafeCloak Lockers shall NOT store any personal property or items in the SafeCloak lockers that would result in the violation of any law or regulation of any governmental authority, including without limitation all laws and regulations relating to hazardous materials, waste disposal and other environmental matters

The users/customers are strictly prohibited from storing items classified as, hazardous or toxic under any law, ordinance or regulation or from engaging in any activity that produces such materials. Without limitation, hazardous or toxic materials shall include ethanol, gasoline, motor spirit mixtures, motor oil, paint thinning or reducing compounds, or combustible materials.

The users/customers are strictly prohibited from storing items classified as narcotics or illegal substances.

Prohibited items are more fully described in the Prohibited Items policy of SafeCloak. Users agree NOT to store any prohibited items as listed in these terms and conditions and in the Prohibited Items policy. Users acknowledge that they are solely responsible for the contents of their luggage and will indemnify SafeCloak  against any claims arising from non-compliance.

8. Customer Support, Issues and Resolution

SafeCloak provides 24/7 support for the users for SafeCloak Smart Digital Lockers. Primary means of customer support will be via telephony. Users/customers of SafeCloak lockers can reach the customer support team via dedicated phone numbers provided at the locker unit and/or displayed in the user interface.

As there are multiple cloud services running to support the functioning of the Company’s luggage lockers, there could be rare cases wherein the services may fail which might lead to temporary disruption of services. In such events, the customers are provided with an option to contact the customer support personnel via the phone numbers. Alternately, if a company designated personnel is available onsite, then the customers can also reach out to him/her for the issue resolution.

However, in the event that there are repeated issues with the system services, which might lead to a situation that the customers are not able to pick up their bags from the lockers, then the following remedial measures will be the provided.

• The Company will organize a technical person to visit the site and resolve the issue. Such a resolution process would span anywhere between 2 to 4 hours.
• In cases that the customers would be inconvenienced due to the delay in the issue resolution process, the Company will be liable to compensate the customers by refunding their travel tickets. Additionally, the company will also be providing an option to deliver the Customer’s bags and belonging to their desired destination at the Company’s expenses. These remedial solutions will be offered after verifying the customers identity and the booking details in relation to the context of the issue.

The above remedial measures are applicable only if the the minimum resolution time of 45 minutes had passed since the customer arrived at the SafeCloak Locker unit for retirieval of their luggage and failed to do so due to repeated system failures.

9. Refunds

‍The users/customers of the SafeCloak Lockers can claim a refund for the amount they might have paid for storage under the following conditions:

• If the user/customer faced any issues with the storage process after payment. The issues could typically be due to the failure in opening the door of the luggage locker, or in case the locker was falsely shown was available, while there was already an existing storage in the box the user/customer might have chosen.

• If the Customer Support executive of SafeCloak has explicitly asked the user/customer to make a second payment only for the purpose of the resolving a situation wherein the User is not able to get a locker unlocked due to the product issues.

Any other reasons other than the above will not be eligible for refunds.

10. Extended usage, non-responsive users/customers and unclaimed items

The users/customers of SafeCloak Lockers can choose a maximum storage duration of 24 hours during the store process. However, users/customers can continue to store beyond 24 hours, in which case they will have to inform the SafeCloak customer support team either proactively or when the SafeCloak customer support team reaches out to them once the 24 hours of storage duration is passed. Such customers will be given an additional grace period of up to 72 hours.

If in case a user/customer continues to store beyond 72 hours and is non responsive after repeated attempts to contact, then the items of such users/customers will be retrieved from the locker boxes, inspected, packed and moved to a third party or external storage facility. This entire process will be videorecorded and will be accordingly communicated with the customer/user via email to the email id collected during the store process. Such users/customers will have a period of 6 months from the date of storage to claim their items back after paying their storage dues, calculated as per day rental fee from the date of storage. Any unclaimed items beyond 6 months from the date of storage will be disposed by SafeCloak as they deem fit.

11. Limitation of Liability

SafeCloak shall not be liable for any loss or destruction of or damage to items/belongings stored in SafeCloak Lockers, however caused, unless such loss, damage or destruction resulted from SafeCloak’s failure to exercise such care in regard to safety of items/belongings stored reasonably careful person would exercise under like circumstances. SafeCloak is only liable for damages that could have been avoided by the exercise of such care.

SafeCloak is not responsible for any fragile articles damaged or broken due to the negligent way of storing them in the SafeCloak lockers. SafeCloak has not inspected and will not inspect the working condition of the users’/customers’ electronic devices, mechanical devices/tools or any other apparatus prior to storing such items in SafeCloak Lockers nor can it be responsible for any damage occurring to such items.

12. Arbitration

‍‍If a dispute arises between the user/customer and SafeCloak concerning the SafeCloak services or lost or damaged goods/items or any other matters relating to, or arising under, these Terms & Conditions, the user/customer agrees to participate in binding arbitration in front of a single mutually acceptable arbitrator. The user/customer agrees to participate in the binding arbitration in good faith and agrees to be bound by the arbitrator’s award. As a condition precedent to initiating arbitration, making any claim and/or filing any suit, the user/customer shall provide SafeCloak with a reasonable opportunity to inspect the gods/items which are the basis of the claim. Any such conflict or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or conflict of any other party, nor shall arbitration on a class action basis be permitted. The fees and expenses of the arbitrator and any and all costs associated with the arbitration shall be shared equally by the user/customer and SafeCloak.

13. Governing Law

The laws of India govern these terms and conditions and the courts of Bangalore shall have exclusive jurisdiction. Furthermore, both parties agree to seek mediation prior to any legal proceedings taking place.

14. Severability

‍‍If any provision of these terms and conditions will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of these terms and conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

14. Waiver of Contractual Rights

‍‍‍The failure of either party to enforce any provision of these terms and conditions shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this terms and conditions agreement.