Last updated: February 07, 2022;
(b) We reserve the right to modify the Cubby Solution at any time, provided that we will endeavour not to materially decrease the level of service or functionality of the then-current version of the Cubby Solution.
2. User Accounts; Storage Services
(a) To use certain features of the Cubby Solution, or to access the Storage Services, you must: (i) be an occupant of a building then-currently offering Cubby’s smart locker system (the “Cubby Smart Locker System”); and (ii) successfully sign up for a User account (a “User Account”), which may require the provision of your full name, address (including unit number), email address, phone number, household occupancy information, and password login credentials. Upon the creation of a User Account, you will be able to access Cubby’s valet storage solution, which enables occupants of eligible buildings to deposit items for off-site storage as further described below.
(b) You agree that Cubby is entitled to act on instructions received through your User Account. Cubby is not responsible for any actions taken or transactions made to or from your User Account, whether by you or any other person using your User Account. You are solely responsible for any and all use of your User Account and all activities that occur under or in connection with your User Account.
(c) Upon the submission of each Storage Service Request (as defined below), and in consideration for the payment of all applicable Fees (as defined below), Cubby will provide the following services (collectively, the “Storage Services”):
(i) delivering to a designated locker within the Cubby Smart Locker System (each, a “Designated Locker”) located on-site at the building where the User resides, as identified in the applicable User Account (the “Delivery Address”), the number of empty storage boxes (each, a “Storage Box”) and, if applicable, related packing supplies, specified in the corresponding Storage Service Request, subject always to the availability of storage boxes, packing supplies, and lockers at the applicable Delivery Address;
(ii) collecting the packed Storage Box(es) from the Designated Locker at the Delivery Address on or around the pick-up date requested by such User through the Cubby Application, subject always to the availability of lockers at the applicable Delivery Address;
(iii) transporting to, and storing the packed Storage Box(es) in, off-site storage facilities designated by Cubby; and
(iv) upon the User’s request via the Cubby Application, returning the packed Storage Box(es) to the Designated Locker at the Delivery Address on or around the drop-off date requested by such User through the Cubby Application, subject always to the availability of lockers at the applicable Delivery Address.
(d) You acknowledge and agree that Cubby’s performance of the Storage Services is dependent on, and you will be responsible for, the performance of the following obligations:
(i) identifying the number of Storage Box(es) required;
(ii) retrieving Storage Box(es) from the Designated Locker during designated pick-up windows and properly packing your items in such Storage Box(es) (such packed items, the “User Items”);
(iii) photographing the User Items;
(iv) scheduling a pick-up window using the Cubby Application;
(v) delivering the packed Storage Box(es) to the Designated Locker prior to the scheduled pick-up window;
(vi) requesting the return of packed Storage Box(es) and scheduling a drop-off window for the return of packed Storage Box(es) using the Cubby Application;
(vii) retrieving the packed Storage Box(es) from the Designated Locker promptly following the scheduled drop-off window; and
(viii) returning the empty Storage Box(es) to the Designated Locker within the designated window,
in each case, in accordance with all applicable Additional User Terms.
(e) Cubby will only pick up Storage Boxes that were supplied by Cubby. You will not use, or deliver to the Designated Locker, loose items, your own storage boxes, or any other storage boxes or other item that you did not receive from Cubby.
(f) Cubby will not be responsible for any damage caused by or arising from your failure to properly pack User Items. Cubby reserves the right to refuse to accept any Storage Box that appears to be packed improperly, to contain any prohibited items, or otherwise is not in compliance with any Additional User Terms.
(g) You acknowledge and agree that any dates or times given for delivery, collection, or return of Storage Boxes are estimates and Cubby will not be liable for any delay in such delivery, collection, or return.
3. Acceptance and Cancellation of Storage Service Requests
If we cancel your Storage Service Request, we will have no obligation to provide, and you will have no obligation to pay for, the cancelled portion of the Storage Services.
4. Inspection Rights; Return of User Items
(b) Cubby may refuse to accept any Storage Box(es), or may return any Storage Box(es), at your cost, if, in our sole discretion, the storage of any User Items therein would represent a risk to the safety of any person or the security of a storage facility or any other items stored at a storage facility or if such storage is otherwise in contravention of any Additional User Terms.
5. Cubby Policies and Additional Terms
In consideration for Cubby’s performance of the Storage Services, you agree to pay the fees and, if applicable, additional charges set out in Pricing Policy (the “Fees”), in accordance with the invoice and payment terms set out therein. All prices, discounts, and promotions posted on the Cubby Website are subject to change without notice. The Fees do not include applicable taxes, which you are responsible for paying. All such taxes will be added to your total Fees. We reserve the right to correct any errors, inaccuracies, or omissions in the Fees at any time and to cancel any Storage Service Requests arising from such occurrences.
7. Third Party Payment Processor
8. Term; Termination; Survival
(d) Effect of Termination.
(ii) Without limiting the generality of the foregoing, Cubby will have the right to withhold, auction off, or otherwise dispose of or any User Items as set out in the applicable Additional User Terms.
9. Ownership of the Cubby Solution
(b) The Cubby Solution and all materials provided by us hereunder are made available or licensed and not “sold” to you.
10. Right and License to use the Cubby Solution
11. User Data and Privacy
(a) You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a fully paid up, irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to collect, store, and use any Content that you load, transmit to or enter into, or that we collect from, the Cubby Website or Cubby Application (collectively, “User Data”): (i) to develop, enhance and make available the Cubby Solution; and (ii) to produce Content that is not identified as relating to a particular individual or company (such Content, the “Aggregated Data”).
(b) We and our affiliates and service providers, and each of their and our respective licensees, successors and assigns are free to create, use and disclose Aggregated Data during and after the Term for any purpose and without obligations of any kind.
(d) You understand and agree that you, and not Cubby, are fully responsible for all User Data.
12. Your Responsibilities
(a) keep your User Account and all other login information confidential and secure, and not to grant access to or otherwise share your User Account with any other person;
(b) not register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any other person for any commercial purposes;
(c) keep your address, email address and your contact details associated with your User Account current and accurate; and
(d) promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your User Account, including any loss, theft, or unauthorized disclosure or use of any User Account credentials.
13. No Unlawful or Prohibited Use
(a) gain unauthorized access to the Cubby Solution or bypass any measures we may use to prevent or restrict access to the Cubby Solution;
(b) send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Cubby Solution any Content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter any computer system or data; (ii) is false, inaccurate, intentionally misleading, or impersonates any other person; or (iii) violates any applicable laws or would give rise to civil or criminal liability;
(c) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Cubby Solution or any part thereof or otherwise attempt to discover any source code;
(d) use the Cubby Solution for the purpose of building a similar or competitive product or service;
(f) authorize, permit, enable, induce or encourage any third party to do any of the above.
14. Security of Communications; Malicious Code and Security
We do not guarantee the confidentiality of any communications made by you through the Cubby Solution. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Cubby Solution nor do we guarantee that the Cubby Solution is compatible with your computer system or mobile device or that the Cubby Solution, or any links from the Cubby Solution, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer systems and mobile devices.
16. Third-Party Content, Websites or Services
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE CUBBY SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE CUBBY SOLUTION WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, ACCURACY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE CUBBY SOLUTION IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD-PARTY COMMUNICATIONS AND ANY THIRD-PARTY WEBSITES OR CONTENT ACCESSED THROUGH THE CUBBY SOLUTION.
18. Limitation of Liability
(c) NOTWITHSTANDING SECTION 18(b), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUBBY’S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH ANY LOSS OR DAMAGE TO ANY USER ITEMS WILL BE LIMITED TO THE AMOUNT SPECIFIED IN THE PROTECTION PLAN (AS DEFINED IN THE APPLICABLE ADDITIONAL USER TERMS) APPLICABLE TO THE STORAGE BOX(ES) IN WHICH SUCH USER ITEMS WERE STORED, SUBJECT ALWAYS TO ANY EXCEPTIONS SPECIFIED IN THE APPLICABLE ADDITIONAL USER TERMS. STORAGE OF USER ITEMS THAT EXCEED THE VALUE OF THE APPLICABLE PROTECTION PLAN IS DONE ENTIRELY AT YOUR OWN RISK.
19. Force Majeure
21. General Provisions
23. Apple App Store Additional License Terms
Notwithstanding anything to the contrary hereunder, you may use the Cubby Solution only on an iPhone, iPad, iPod touch, or other compatible Apple device that you own or control.
You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Cubby Solution.
You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
You may contact us in writing regarding any notices, questions, complaints or claims with respect to the Cubby Solution. [Note: Notice information to be set out below.]
Telephone Number: [X]
Email Address: [X]
24. Google Play
You acknowledge that Google is not responsible for providing support services for the Cubby Solution.