Information about Budkeep

Terms of use

Terms of use

Terms of use effective date 2019-02-21

1. General information and service description

These terms ("Terms of Use") apply between Budkeep AB, org. No. 559179-1537, (below "Budkeep"), and you, if you are a holder of storage space ("Host") or a guest for such storage space ("Guest"). Host and Guest are collectively referred to as "user", and so is also people who only register with Budkeep. These Terms of Use, together with agreements between the Host and the Guest, also apply between the Host who provides space, and the Guest who shall use the space for storage/parking.

Budkeep provides a platform through the website www.budkeep.com for connecting Hosts and Guests who wish to store and/or let others store belongings in their space such as furniture, moving boxes, cars, boats etc. in different types of storage spaces (the "Service"). Storage spaces are called "storage space" or "space" in the Service and below. Budkeep does not provide any storage space and does not guarantee through this Service that a Host will get belongings to store in his/her space or that a Guest will find a Host who can store the Guest's belongings.

These Terms of Use together with the other terms and conditions that apply at any time on Budkeep's website and any applications, regulate the user's use of the Service.

2. The registration process

Registration is only possible for natural persons who are over 18 years of age and legal entities, whereby a representative of the legal entity must be able to demonstrate that the representative is authorized to sign on behalf of the legal entity and bind it in accordance with the Terms of Use.

Only one user account per user is allowed unless the user has received a written consent from Budkeep to open additional accounts. The user may not transfer or otherwise share information about his/her user account with another party.

By accepting the Terms of Use and creating a user account, the user enters into an agreement with Budkeep regarding the user's use of the Service.

In order to gain access to the Service should:

1. All information in the registration form on www.budkeep.com must be complete and accurate;

2. Terms of Use; and

3. personal data and privacy policy, be approved.

The user is responsible for keeping their registered data up to date and accurate. Budkeep reserves the right to request additional information from the user.

The service is not provided to natural or legal persons who have previously acted in contravention of the Terms of Use and/or Budkeep's personal data and privacy policy.

3. Terms for the Agreement between Hosts and Guest

Contracting

When a Host receives a request from a Guest, information about this will be communicated through a notification on the platform, an email or similar from Budkeep. The Host should reply as soon as possible if he or she accepts the booking or not. In the absence of a reply within 72 hours from the time that Budkeep sent the message to Host, the booking is denied.

If the Host accepts the booking, he or she enters into a contract with the Guest on the terms and conditions set out in this paragraph 3, paragraphs 4 and 5 below, as well as the listing and what is further agreed between Host and Guest via the Service (the "Agreement"). If the terms and conditions the Guest agreed upon is in violation of the terms and conditions of these Terms of Use, with the exception of what applies for payment, applies what the Host and the Guest agreed upon. The Host and Guest are responsible for ensuring that their Agreement meets the prevailing legal requirements. The Agreement applies, with the exception of a new contract period, on unchanged terms if Host and Guest agree to extend the contract period. This means, inter alia, that the Host is still bound by the Terms of Use at any given time, and therefore never has the right to bypass Budkeep's platform by, for example, using another payment solution other than Budkeep's.

The Agreement between the Host and the Guest shall not mean that the Guest is provided with exclusive access rights and unrestrained entry to the storage space. The Agreement between the Host and the Guest instead means that the Guest will hand over his/her belongings to the Host who during the contract period will keep the Guest's belongings in an appropriate way.

Budkeep is not a contracting party to the Agreement. The Agreement applies only between the Host and the Guest.

Contract period, termination and use

If the Host and the Guest have agreed that the Agreement shall terminate on a specific day, the Agreement shall terminate on that day without prior notice.

If the contract period according to the Agreement is to be valid until further notice, the Agreement shall be terminated with a mutual notice period of 14 days, if the parties do not agree otherwise. The termination shall be sent in writing in accordance with the notification provisions that apply in accordance with paragraph 18 of these Terms of Use. If the Guest acts in violation of the Agreement, the Host shall be entitled to terminate the Agreement immediately.

The spaces offered by the Service may only be used for the storage of belongings, never as a dwelling or otherwise for people or animals to stay in.

The Guest's admission and access to the Guest's belongings, which the Host stores, is regulated in accordance with the separate Agreement between the Host and the Guest.

If the Guest does not collect his/her belongings from the storage at the end of the contract, the Host shall send the Guest a notice in accordance with paragraph 18 below, where the Guest is requested to collect the belongings and be informed that the belongings may otherwise be sold after three months from the time the Host sent the message to the Guest. When three months have passed since the Host sent the message to the Guest, without the Guest retrieving his/her belongings, the Host has the right to sell the belongings at the market price at the time of sale. The Host has the right to keep reasonable compensation for costs attributable to the sale and any unpaid storage fee and storage fee for the time the Guest used the space after the expiry of the contract period. Service fee for corresponding periods should accrue to Budkeep if funds are available. The remaining sum from the sale shall accrue to the Guest.

Before the Host begins a sale of the belongings according to the above paragraph, the Host is obliged to inform Budkeep that the Guest has not picked up his/her belongings.

Special regulations for garage space

If the Host grants a garage space, i.e. a parking space in a building, to the Guest, the regulation regarding termination and notice period as above will not apply. The Host and the Guest shall instead agree on a contract and notice period that is in accordance with the regulation in Chapter 12. in Jordabalken and otherwise observe the mandatory legislation of Jordabalken.

4. The Host's obligations and responsibilities

In general

The terms of this paragraph 4 apply to the person using the Service as a Host. Budkeep provides the Service as a platform to help you reach out to Guests for the purpose of offering Guests the opportunity to store their belongings in your storage space.

The Host's description of the space in the listing should be correct and should be updated if the space would change. The photos attached to the listing must show the space referred to in the listing. Budkeep reserves the right to require a listing to have a minimum number of photographs of a particular format, size and resolution. The Host can only post one listing per space.

Responsibility

The Host is solely responsible for the storage. Budkeep has no responsibility for the storage or belongings stored in a storage provided by a Host through the Service. The Host is obliged to comply with prevailing and applicable legislation. In addition, the Host are responsible for having the right to store the Guest's belongings in the advertised space.

If an advertised space becomes inaccessible or the terms of the listing change, the Host should update or remove the listing as soon as possible. Budkeep reserves the right to disable an out-of-date listing if a Host does not do so within a reasonable time.

A Host may not advertise anything other than the space that is desired to be mediated through Budkeep's platform. Other types of advertising or inserting hyperlinks into the listing linked to an external web page or similar are prohibited.

The Host, not Budkeep, is solely responsible for ensuring that the Guest is allowed to leave his/her belongings in the storage space. The Host guarantees that the Host has the right to allow the Guests to store the belongings in their storage space via the Service in accordance with all applicable laws and any agreements between the Host and third parties. The Host is responsible for ensuring that the advertising of the storage space is done in a proper way that reflects the actual condition and properties of the storage.

If the provision of storage, that the Guest paid for, is not completed due to circumstances for which the Host is responsible (e.g. overload or double-booked) and the Guest directs claims against Budkeep, the Host is responsible for replacing Budkeep for our costs and any damages. If the Guest's belongings suffers damage or loss due to circumstances for which the Host is responsible, the Host shall pay compensation to the Guest for such damage.

Hosts are responsible for all their use of the Service and for personal and company-specific information such as login details and passwords, which can be used to access the Service, are stored in a secure way and are not used by or disclosed to any unauthorized person. If Host suspects that any unauthorized person has access to such information or that the Service is otherwise misused, Hosts shall immediately change the password to their user account and contact us. Hosts may not assign their user account to any other company, person or organization.

The Host is responsible for checking the identity of the Guest when the Guest hands over his/her belongings to the Host.

5. The Guest's obligations and responsibilities

In general

The terms of this paragraph 5 apply to the person using the Service as a Guest. Budkeep provides the Service as a platform to help you find different types of storage space that Hosts provide.

All offers presented via the Service do not constitute binding offers unless otherwise stated. The offers are subject to availability.

Responsibility

The Guest is responsible for all activity that takes place from the Guest's user account.

The Guest is obliged to pay the storage fee that has been agreed between the Host and the Guest, subject to the regulations in section 9.2 below.

The Guest is responsible for ensuring that the belongings that is to be stored in the storage is not prohibited belongings, such as living or dead animals and insects, weapons, weapon parts, explosives and ammunition, flammable, explosive, and radioactive substances, drugs and medicine, alcoholic beverages and tobacco, human remains including ash; plants, perishables and waste, toxic, corrosive and infectious substances, compressed and condensed gases, rotten, mold, moist or infected objects, objects which emit smoke or strong odors, valuable documents, cash, credit or bank cards and securities; identity documents, goods that can invalidate insurance for the storage or belongings; or other law-prohibited objects or which may cause inconvenience to the Host or others.

The belongings that is stored may not go against these Terms of Use or the prevailing Swedish law. Even other belongings that are not specified as prohibited belongings may also be prohibited from storing. If you have any questions about what constitutes as prohibited belongings, contact Budkeep.

The Guest assures that the storage space is used to store belongings that does not violate the Terms of Use. The storage space must also not be used for purposes other than those referred to in the Agreement between the Host and the Guest.

The Guest assures that what is stored in the storage is either something that he or she has ownership/right of disposition of, or has a written power of attorney to store for someone else's account.

It is the Guest's responsibility to ensure that there is an insurance covering the stored belongings.

If the Guest has paid the fee for a storage space that Host has offered to provide via the Service, but the Guest would not get access to the Host's storage space, the Guest shall turn to the Host according to the Agreement between the Guest and the Host.

Usage

The Guest is responsible for all its use of the Service and for personal and user-specific information, such as e.g. login details and passwords, which can be used to access the Service, are stored in a secure way and are not used by or disclosed to any unauthorized person. If the Guest suspects that any unauthorized person has access to such information or that the Service is otherwise misused, the Guest shall immediately change his/her password and contact us. If the Host or the Host's storage space suffers damage due to circumstances for which the Guest is responsible, the Guest shall pay compensation to the Host for such damage. Budkeep has no responsibility for storage space or belongings stored in a storage space provided by a Host through the Service.

The Guest is responsible for retrieving all his/her belongings, at the agreed time of contract. If the Guest does not pick up his/her property in the storage, at the end of the contract, the Guest may be charged additional storage fee.

6. Reviews

Guests and Hosts have the opportunity to rate each other after completing the storage of belongings in a storage space. Reviews and ratings are published in the Service and are available to other users.

7. Third party services

Some parts of the Service may be integrated with third party applications, websites and services for the purpose of making login, content and/or services available (such as Facebook and Google). The applications may have their own terms of use and privacy policies which in that case govern the user's use of these third party applications. The user accepts that Budkeep is not behind and is not responsible for the functions or content of any third party application or for any transaction that the user may possibly enter into with the provider of such third party applications.

8. Termination or suspension of user account

The user can terminate his/her user account at any time by selecting "delete account" or the corresponding function in the Service. If the user who Hosts terminates his/her user account, Budkeep will pay out all fees, with deduction for service fee according to paragraph 9.2 below, which Budkeep received from Guests on behalf of you as Host until the date you terminate your user account.

Budkeep reserves the right to discontinue or terminate a user account at any time if a user or someone responsible for the account violates the Terms of Use or otherwise uses the Service in a manner that may cause Budkeep or third party harm.

Budkeep has the right to suspend and terminate a user's access to the Service. If applicable, Budkeep pays out outstanding fees as above.

9. Payment and fee

9.1 Service fee

Budkeep charges a service fee consisting of 7 percent of the storage fee, "service fee".

9.2 Payment

Transactions between the Host and the Guest on the one hand and between Budkeep and the Host on the other hand, are processed by Stripe as a third party. Stripe receives the total storage fee from the Guest and then pays out the agreed storage fee, after a deduction of the service fee, to the Host and the service fee to Budkeep. The payment of the storage fee and the service fee is made as soon as the payment has been made to Stripe and the Host accepted the request from the Guest and confirmed access, however, no later than seven (7) working days. Before payment is made by Stripe, the Host may need to verify their account by submitting a copy of an ID document. When paying via Stripe's payment service applies the prevailing terms and conditions.

Payment methods other than those offered by Budkeep are not permitted when using the Service. The Host and Guest must not bypass Budkeep's payment solution.

The User of the Service is aware that the use of the Service is associated with fees. For storing in a storage space, the prices that from time to time are stated in the respective advertisement apply. The prices must be stated including any VAT. The Host is aware and accepts that the Host cannot request a higher fee for the agreed storage period in a storage space after a binding booking between the Host and the Guest.

10. Limitations of liability and complaints

Budkeep is not a party to the Agreement between Host and Guest, as defined in paragraph 3 above. Thus, Budkeep has no obligation to pay compensation to Host or Guest for agreements that Host and Guest are enter into through the use of the Service. Budkeep also has no obligation to provide any storage space, nor does it have any responsibility for any circumstance related to the storage spaces that Hosts offer through the Service. Budkeep is only responsible for providing the Service in accordance with these Terms of Use in order to facilitate communication between Host and Guest.

Budkeep hereby disclaims, to the extent permitted by applicable law, liability for direct and indirect damage and/or loss or damage that has arisen for Host, Guest or for any third party in correlation with the use of or obstacles in the use of the Service regardless of how the damage or loss arose and regardless of whether the injury was caused by negligence, breach of contract or otherwise. In no case will Budkeep be liable for damage to immovable or movable property. Budkeep completely disclaims any liability in respect of rights and obligations between Host and Guest.

Budkeep's total liability vis-à-vis Host and Guest, except in the case of gross negligence or intent, is limited to an amount of SEK 10,000.

Subject to the foregoing, complaints and other claims regarding the use of the Service shall be made in writing and without undue delay from the user's detection or disclosure of the circumstance which gives rise to the claim, but no later than three (3) months from the occurrence, after which the claim lapses.

11. Code of Conduct

Budkeep reserves the right to terminate the user's account in the event of inappropriate behavior such as behavior that may damage Budkeep's reputation. Budkeep also reserves the right to remove listings with content that may be perceived as offensive. Discrimination against users due to gender, ethnicity, religion or other beliefs, disability, sexual orientation or age is not permitted.

12. Change of Terms of Use

Budkeep reserves the right to update and modify the Service and the contents of the Service. Such changes can e.g. relate to changes in the technical solution for the Service and/or design. The changes may result in certain functions being terminated, adjusted or added and/or that the technical conditions for accessing the Service are changed.

Budkeep has the right to change the Service at any time, to change the Terms of Use or to cease providing the Service. In case of significant changes, users will be informed of the changes by e-mail or by a message on the respective user's user account. The user's continued use of the Service after the changes have been established constitutes acceptance of the changes.

13. Personal data and privacy policy

Budkeep's personal data and privacy policy contains information on how users' personal data is processed and how these and users' privacy is protected.

The policy handles, among other, following questions:
● What information Budkeep collects about its users and the basis for it.
● How Budkeep collects information about its users.
● How Budkeep stores and protects the information of its users.

By using the Service, the user approves Budkeep's personal data and privacy policy.

14. Intellectual property rights

All material provided by Budkeep through the Service and other related applications may be protected by intellectual property law. Reproduction of material protected by intellectual property rights or parts thereof requires the written consent of Budkeep.

The trademarks and/or other attributes owned by Budkeep may not be used without the express written consent of Budkeep.

15. Links

In no case is Budkeep responsible for links from any of Budkeep's websites or applications to external websites or the content or functionality of the external websites.

16. Maintenance, interruptions etc.

Budkeep cannot guarantee uninterrupted access to the Service since interruptions may occur due to maintenance , development, etc., which means that the Service's availability may be wholly or partly restricted. Interruptions can occur without prior communication, but will, if possible, in the case of longer planned interruptions, be communicated with the users in advance.

17. Complaints

If the user is dissatisfied with the Service, the user should to the extent that it concerns the storage space, turn directly to the Host. Similarly, the Host should turn directly to the Guest. If Host or Guest wishes to contact Budkeep, please refer to information under "Contact us" at budkeep.com.

18. Messages

Messages should be sent in written format to the other party. If messages are sent to users, the message should be sent via Budkeep's message service directly between users. If the message is directed to Budkeep, the function "Contact us" should be used at budkeep.com. The message is considered to have arrived at the recipient the same time it was sent.

19. Other

The service is not covered by the right of withdrawal according to lag (2005: 59) om distansavtal och avtal utanför affärslokaler.

20. Applicable law and court

Swedish law applies to this Agreement. Any dispute arising out of the Agreement shall be settled by a public court.