AGREEMENT BETWEEN OWNER AND XPLENT WAREHOUSING LIMITED

• The website xplent.com is owned and operated by XPLENT WAREHOUSING PVT.LTD, a company incorporated under the laws of India, having its registered place of business at SCO 83-84, Sector 17D, Chandigarh, India. This website enables the user to connect with independent third party Warehouse owners, offering renting of various warehouses listed on the Website.
• Your use of the Website is an acknowledgment that you have reviewed the Terms and Conditions and agree to comply with and be legally bound thereby. These terms and conditions govern your access to and use of the Website and/or Application(s) and the Services. If you do not agree to these terms and conditions, you must refrain from using the Website and/or Application(s) and Services.
• XPLENT has no control over the conduct or behaviour of the Warehouse owners or the quality, infrastructure or the suitability of the services provided by Warehouse owners. XPLENT disclaims any and all liabilities in this regard.
• The Website allows registered users to:
  1. List Warehouse space that they own/control and make it available to businesses for sale/rental.
  2. Access the Website to search for available warehouse space.

• Additional services, goods, equipment, and functionality may be offered on the Website from time to time. Special terms and conditions may apply to those additional services, goods or functions.

LICENSES

• Accounts: In order to use certain features of the Website Services, you must register to open an account with XPLENT (“Account”) and provide certain information as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate, and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login credentials and are fully responsible for all activities that occur under your Account. You agree to immediately notify XPLENT of any unauthorized use or suspected unauthorized use, of your Account or any other breach of security. XPLENT cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree that any street address you provide with your Account information will be maintained and up to date, and that delivery of papers by registered post, speed post, courier, email or notice via Account messaging functionality constitutes service of process (1) for any dispute with XPLENT and (2) for any other notice relating to your use of the Website Services.
• Site: Subject to the terms of this Agreement, XPLENT grants you a non-transferable, non-exclusive license to use the Website for your internal business purposes (e.g., no resale, service bureau, co-branding or white labeling) during the term of this Agreement.

No Modifications and Certain Restrictions : The rights granted to you in this Agreement are subject to the following restrictions: (a) you may not license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Website Services; (b) you may not modify, make derivative works of, reverse compile or reverse engineer any part of the Website Services; (c) you may not access the Website Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Website Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to the functionality of the Website Services is subject to the terms of this Agreement. All copyright and other proprietary notices on any content on the Website Services must be retained on all copies thereof which you have been authorized by XPLENT to make.

MODIFICATION OF THESE TERMS OF USE

XPLENT reserves the right to change the listed Terms of Use including but not limited to the charges associated with the use of the Website. These are the current Terms of Use. They replace any other terms of use for the Website published on the Website to date. You are responsible for regularly reviewing these Terms of Use. Your continued use of the Website following modification and publication of these Terms of Use will be deemed acceptance of such modifications.

FORMS AND INFORMATION

You will be required to complete an Owner Form/ Client Form prior to gaining access to the Website. You acknowledge that it is your responsibility to ensure that any information that you provide to XPLENT in the Owner Form/ Client Form is up to date. In particular, you are responsible for and must ensure that the details you provide to XPLENT are accurate.

If you need to amend any details that you have provided to XPLENT, you can access the “Account Settings” section on the Website and update or amend as necessary.

 LINKS TO THIRD PARTY SITES

The Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of XPLENT and XPLENT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. XPLENT is not responsible, for webcasting or any other form of transmission received from any Linked Site. XPLENT is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement or approval by XPLENT of the Linked Site or any association with its operators.

Subject to any applicable laws that cannot be excluded, XPLENT makes no representations or warranties:

• Regarding the quality, accuracy, merchant ability or fitness for purpose of Linked Sites or the contents, products or services available through Linked Sites;
• That the contents of a Linked Site do not infringe the intellectual property rights of any person; or
• That by linking the Website to the Linked Site, XPLENT is authorizing the reproduction of any material on those Linked Sites.

SERVICES

XPLENT connects you with various warehousing and storage facilities (“Facilities”) for the purpose of arranging storage of your goods (the “Services”). XPLENT facilitates the transaction between you and the Facilities but is not a party to any agreement between you and any Facility as it relates to the storage of your goods. It is understood by the Parties that XPLENT is not actually undertaking the transportation or storage of the Customer’s goods but will only be locating a warehouse for the storage of the Customer’s goods with Facilities. In arranging Services for the Customer, XPLENT shall not be responsible for packaging, handling, loading or unloading of goods which shall exclusively be the responsibility of the Customer and/or the underlying carrier/transporter selected by the Customer to transport the goods.

A customer is required to confirm for booking of a warehouse within the standard processing time of 3 hours, once the information is provided via emails and follow up calls.

The warehouse owner agrees to keep the Warehouse on hold for 3 hours and prioritise XPLENT’s booking if there is subsequent booking request from another source. In that case, the owner/staff needs to get the booking status update from XPLENT’s customer care executive and wait for confirmation/reply from XPLENT’s customer.

XPLENT reserves the right, in its sole discretion, to refuse the provision of Services at any time. XPLENT is a broker/ agent who facilitates locating the requisite facilities for you. XPLENT has no control over the conduct of, or any information provided by, an Owner, and XPLENT hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. XPLENT does not guarantee the proper storage by any Facility nor the proper transport by any transportation services provider. We do not personally endorse any Facility and make no guarantee, explicit or implied that any information provided by a Facility is accurate. We expressly disclaim any liability or responsibility for the proper storage of the Customer’s goods.

CUSTOMER REPRESENTATIONS AND WARRANTIES TO XPLENT

The Customer represents and warrants that at all times, it will be in compliance with all applicable laws, rules, and regulations and that it has proper title to its goods. Any individual or entity acting on behalf of the Customer warrants and represents that he, she or it has the right to act on behalf of and legally bind the Customer.

XPLENT assumes no liability for any loss or expense due to the failure of the Customer to comply with this paragraph and Customer shall defend, indemnify and hold XPLENT harmless for any claims or damages resulting from the violation of this paragraph, including attorney’s fees/ costs incurred by XPLENT.

INDEMNIFICATION

Subject to these Terms, the Customer agrees to indemnify, defend and hold XPLENT harmless and its representatives, officers, directors, employees, agents, affiliates, successors from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, fees and the costs of enforcing any right to indemnification under these Terms and Conditions and the cost of pursuing any insurance providers, incurred by Indemnified Party (collectively, “Losses”), arising out of or resulting from any claim of a third party alleging: (a) any negligent or more culpable act or omission of Customer/Indemnifying Party or its personnel (including any recklessness or willful misconduct) in connection with the performance of its obligations under these Terms; (b) any failure by Indemnifying Party or its personnel to comply with applicable laws; or (c) breach or non-fulfillment of any representation, warranty or covenant under these Terms by Indemnifying Party or Indemnifying Party’s personnel; (d) any bodily injury, death of any person or damage to real or tangible personal property caused by the negligent acts or omissions of Indemnifying Party or Indemnifying Party’s personnel.

LIABILITY DISCLAIMER

XPLENT is not liable for any losses or damages caused by: (i) the act, default or omission of a Facility, the Customer or any other party who claims interest in the goods; (ii) a violation by the Customer of any provision of these Terms or any agreement with a Facility, including but not limited to, improper or insufficient packing, securing or marking; (iii) failure to observe any of the rules relating to warehousing and storage under applicable conditions; (iv) acts of God, public enemies, public authorities, war, riots, strikes, labor disputes, shortages, weather conditions , force majeure, mechanical delay or failure of equipment; or (v) the acts or omissions of any third party; or (vi) the selection of a Facility for the storage of Customer’s goods.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THE WEBSITE. XPLENT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR ANY PURPOSE, INCLUDING WITHOUT LIMITATIONS, PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

XPLENT, IT’S AFFILIATES OR RELATED CORPORATE BODIES MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SUBJECT TO ANY RESPONSIBILITIES IMPLIED BY LAW AND WHICH CANNOT BE EXCLUDED, XPLENT ITS AFFILIATES OR RELATED CORPORATE BODIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE LISTED INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS.

SUBJECT TO ANY RESPONSIBILITIES IMPLIED BY LAW AND WHICH CANNOT BE EXCLUDED, XPLENT, ITS AFFILIATES OR RELATED BODIES CORPORATE AND/OR ITS SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF XPLENT ITS AFFILIATES OR RELATED BODIES CORPORATE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.