1. Platform and Services
1.1 The access and use of our website accessible at https://www.tempodepot.com (the “Platform”) as well as without limitation our services of any different kind related to warehouses, storage and rental or other added value services, and any other services available on the Platform (together the “Services”) are provided by TempoDepot,Sarl, Mr. OIivier Houart, route de Moratel, 1096 Cully, Switzerland (“TempoDepot”).
1.3 The Services may contain links to third party platforms maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such third-party platforms and we hereby disclaim any representations and warranties regarding the content or accuracy of materials on such third-party platforms.
1.4 The ToU may be amended from time to time and such amendments shall be notified to visitors on the Platform or, if you are a User (as defined in Section 2.1), via the email address you provided to us. By continued use of the Platform and/or the Services after any amendment of the ToU, you agree to be bound by any such amendment.
2.1 Certain Services and sections of the Platform require registration and sign-in before they can be accessed and/or used. Provided you have unrestricted legal capacity, you may register on the Platform in order to create a personal and password protected account (the “Account”) and become a registered user as “General User” or “Space Provider” (together the “Users”).
2.2 Users warrant that all information provided to us in the registration process or otherwise is true and accurate. Users shall keep such information up to date at any time.
2.3 Any User who creates and/or uses an Account for a company represents and warrants that (i) he/she is the rightful representative of this company with signature right or is otherwise duly authorized to create such Account; and (ii) he/she is fully authorized to use such Account, in particular to publish information on behalf of such company.
2.4 As a User, you agree to keep your login and password confidential. You acknowledge that you are fully responsible for the use that is made of your Account, including any third party use irrespective of whether you authorized such use or not. You shall be fully liable for any losses and/or damages that may result from any such use. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security.
2.5 We reserve the right to temporarily or permanently disable any passwords, login details (including access to your Account) and to cancel your Account, at any time without notice and without any compensation, for any reason whatsoever.
3. User Content
3.1 Users registering on the Platform as Space Providers are granted the possibility to post on, transmit through, or link from the Services text, files, images, photos, video, sounds, or other materials (the “Space Provider Content”) to without limitation lease their storage spaces and commercialize services related thereto such as publish information or publish advertisements on their storage space, and publish information on the handling conditions.
3.2 You understand and agree that all Space Provider Content posted on, transmitted through, or linked from the Services, is the sole responsibility of the Space Provider from whom such Space Provider Content originates. We have no liability related to the Space Provider Content, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise.
3.3 You represent and warrant that your Space Provider Content: (a) shall not infringe any intellectual property right, or other proprietary right or right of publicity or privacy; (b) shall not violate any law or regulation; (c) shall not be defamatory or trade libelous; (d) shall not be obscene or contain pornography; (e) shall not include incomplete, false or inaccurate information about yourself or any information about any other individual or company; (f) shall not be inadequate or inadequate language; and (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
3.4 We reserve the right (but not the obligation) to take any action with respect to the Space Provider Content, if we believe that it may create liability for us or may cause us to lose the services of our Internet service providers or other suppliers and/or providers.
3.5 We cannot, nor do we undertake any obligation to, control the Space Provider Content. By its very nature, the information in the Space Provider Content is changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively labeled. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor do we undertake to verify, update or correct such information. We also do not make any representation or warranty, express or implied, regarding any Space Provider Content. We reserve the right to adjust, refuse or remove any Space Provider Content at our sole discretion, in particular to comply with any applicable law.
4. Restriction of permitted use
4.1 You are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any Space Provider Content or information of other Users, software, products or Services available on the Platform for any purpose not permitted under these ToU.
4.2 You represent and warrant that your use of the Platform and/or the Services does and will not infringe upon any third party rights.
5. Intellectual property
5.1 Without prejudice to Section 5.2 below, we own the copyright and all intellectual property rights on content published on the Platform and through our Services or have acquired an appropriate consent or license from our suppliers and/or providers to publish such content on the Platform or for the provision of our Services. We or our suppliers and/or providers, where applicable, exclusively retain ownership of all rights, title and interest in connection with the Services.
5.2 You or your licensors retain ownership of all rights, title and interest to your Space Provider Content. To the extent that any intellectual property rights, in particular copyright, exist or arise in connection with your Space Provider Content, you hereby grant us a worldwide, free of charge, exclusive, perpetual and non-revocable license to use such Space Provider Content in connection with the Services.
5.3 If you think that the provision of any content of the Services infringes any copyright or other intellectual property right, you may at all times contact us at [email protected] and ask us to remove such content from the Services.
6. Privacy and data protection
7. Subscription Fee
7.1 Without prejudice to Section 8.7 below, the access and use of the Platform is free of charge for General Users.
7.2 Users registering as Space Providers shall pay TempoDepot a non-reimbursable “Subscription Fee” renewable each, before being able to upload any Space Provider Content, or list any good or service on the Platform for purposes of leasing their storage spaces and commercializing services related thereto. For more details please see https://www.tempodepot.com/pages/tarifs.
8. Booking process
8.1 Space Providers shall describe the type of goods and services, which shall be in connection to the lease of their storage spaces and the commercialization of services related thereto, offered by Space Providers on their profile page on the Platform and can be booked according to the Space Provider’s description at the time of booking. We disclaim all warranties, express or implied, in particular warranty for defects, in connection with the goods and services offered by the Space Providers on the Platform.
8.2 Goods and services offered by Space Providers on the Platform are available on the Platform according to the availability time frame indicated by the Space Provider on the Platform.
8.3 By clicking on “Send Booking Request” you send a request to the Space Provider to book the selected good(s) and/or service(s).
8.4 You will definitively book the selected good(s) and/or service(s) with the Space Provider and the booking will be valid only once (i) the Space Provider has agreed on the quantity, duration and price for the selected good(s) and/or service(s); (ii) the Space Provider accepts your booking request; (iii) you have paid the Services Fee (as defined below in Section 8.6); (iii) and that you receive a confirmation email of the booking (the “Booking”).
8.5 Upon agreement of your booking request by the Space Provider, you will be invited to pay the Booking, which payment terms are set forth with the Space Provider.
8.6 For each Booking executed with a Space Provider on the Platform, we will charge a non-reimbursable “Services Fee” to the General User, which shall be computed based on our tariff and according to the duration of the Booking. For more details please see https://www.tempodepot.com/pages/tarifs. Invoicing and payment of the Services Fee takes immediately place before your payment of the Booking.
8.7 Rates and prices indicated on the Platform are in Swiss Francs (CHF), Euros (EUR or €) or US dollars (USD or $). We may provide you with the current exchange rate without warranty of any kind (see Section 9 below which applies). For the pricing of a Booking, the General User shall in any event rely solely on the pricing indications of the Space Provider.
8.8 The payments can be done through the online portals of PayPal or Stripe.
8.9 The goods and services, which are part of the Booking, offered by the Space Providers on the Platform are provided, leased, obtained or restituted in accordance with the agreed conditions arrangements between the Users involved in the Booking process. We shall not be held liable for any delays or problems during a Booking, in particular delivery, provision, or restitution.
8.10 The parties to a Booking are exclusively the Users (a General User and a Space Provider). Each User shall exercise his/her rights directly against the other User. However, in case of problems or dispute concerning a Booking, each User can contact us at [email protected] and we will develop our best efforts to assist Users to solve their problem or dispute between them.
9. No warranties and liability
9.1 You agree that your access and use of the Services shall be at your sole risk and liability. You acknowledge that the content of the Services is provided to you “as is” and “as available”, and that to the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, in connection with the Services and your access and use thereof.
9.2 Furthermore, we make no warranties or representations about and bear, unless fraudulent intent or gross negligence, no liability for (i) the accuracy or completeness of the content of the Services, notably Space Provider Content, including but not limited to any errors, mistakes, inaccuracies of content, as well as its timely and proper delivery; (ii) limitations; (iii) personal injury; or (iv) property damage, of any nature whatsoever resulting from (a) your access or use of the Services; (b) any unauthorized access or use of any and all data, personal information and/or financial information stored through or on the Services; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; (e) any errors or omissions in any content; (f) or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, published, uploaded, linked from, or otherwise made available via the Services.
9.3 To the extent permitted under applicable law, we waive all liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access and use of the Services, including authorized or unauthorized third party use of Accounts, or any reliance on any of the content, notably Space Provider Content, provided on the Platform or otherwise in connection with our Services.
10. Suspension and termination of use
You agree that we may, at our sole discretion, suspend or terminate your access and/or use to all or part of the Platform and/or the Services with or without notice and for any reason, including, without limitation, breach of these ToU. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to access and/or use the Platform and/or the Services will immediately cease, and subject to applicable law, we reserve the right to remove or delete any information and/or content, in particular Space Provider Content, that you may have registered in our file, including any Account or login information.
If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.
If you have any questions regarding the Platform, the Services, or the ToU please contact us at [email protected]
13. Governing law and jurisdiction
13.1 These Terms and the provision of our Services are construed in accordance with, and shall be governed by the substantive laws of Switzerland, without regards to principles of conflicts of laws thereof.
13.2 Any controversy, claim or dispute arising out of or in relation with these ToU and the provision of our Services shall be subject to the exclusive jurisdiction of the courts of Lausanne, Switzerland subject to an appeal to the Swiss Supreme Court.