Terms of Use

Beam Storage Pte Ltd

These Terms of Service and our Privacy Policy govern your use of the Website and Platform (the terms “Privacy Policy”, “Website” and “Platform” are defined below). Please read these Terms of Service and the Privacy Policy carefully. By accessing the Website and Platform, you signify that you have read, understood, and agree to be legally bound by these Terms of Service. If you do not accept any of these Terms of Service please discontinue your access immediately to this Website and/or Platform.

1. DEFINITIONS

1.1   In these Terms of Service, unless the context otherwise requires, each of the following terms shall have the respective meanings corresponding to it:

1.1.1   “Account” refers to a Registered User account that has been opened by you through our sites;

1.1.2   ”Agreement” means, collectively, all the terms and conditions referenced in the Terms of Service, the Privacy Policy and all other operating rules, policies, and procedures that we may publish from time to time on our Website;

1.1.3   ”Beam Storage”, ”we”, ”us”, or ”our” means Beam Storage Pte Ltd (UEN. 2016o4852M) and any of its affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees;

1.1.4   ”GST” means the Goods and Services Tax;

1.1.5   ”Item” or “Items” means your box, boxes, item or items that you wish to store at our storage facilities;

1.1.6   ”Platform” means the online platform operated by Beam Storage through which a Registered User may request Storage Services and through which Beam Storage provides certain Storage Services to a Registered User;

1.1.7   “Platform Content” means any content featured or displayed on the Platform, including without limitation text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features and any other materials that are available on Our Website;

1.1.8   “Privacy Policy” means the policy published on the Website titled “Privacy Policy” which applies to all personal data that you may provide to us and the personal data we hold about you;

1.1.9   “Prohibited Item” shall have the meaning ascribed to it in Paragraph 4.1.7;

1.1.10   ”Registered User” means any individual person, corporate, or unincorporated body registered to use the Storage Services;

1.1.11   ”"SG$", "S$" or SGD” shall mean the Singapore Dollar, the lawful currency of the Republic of Singapore;

1.1.12   ”Storage Services” means our services that comprise pickup, transport, storage, cataloguing, and delivery services;

1.1.13   ”Terms of Service” means the terms and conditions contained herein, as may from time to time be amended, supplemented and/or substituted and reposted on the Website by Beam Storage;

1.1.14   ”Website” means this website http://www.beamspace.com;

1.1.15   ”Working Days” means any day other than a Sunday or public holiday; and

1.1.16   ”You” or ”your” means an individual person, corporate, or unincorporated body that has visited or is using the Website or Services and is entering into this Agreement with us;

1.2   Unless the context otherwise requires:

1.2.16   “person” refers to a firm, a body corporate or an unincorporated association;

1.2.17   any reference to any legal entity or individual persons includes, where appropriate, a reference to its authorised agents, delegates, successors or nominees;

1.2.18   words importing the singular include the plural and vice-versa; and

1.2.19   words importing a gender will include all other genders.

2. CHANGES TO THESE TERMS OF SERVICE

2.1   We may make changes to these Terms of Service from time to time and post a revised version on the Website and Platform, which shall be effective immediately upon such posting but are under no obligation to notify you by any means whatsoever of such revisions. Your continued access to the Website, Platform, or use of the Storage Services after the revised Terms of Service have taken effect will constitute your unconditional acceptance of these Terms of Service (as revised).

3. REGISTRATION

3.1   By agreeing to these Terms of Service, if (a) you are an individual acting on your own behalf, you attest that you are not less than 18 years of age and have legal capacity to enter into these Terms of Service with us, or (b) you are a corporate or unincorporated body, you have the authority of the corporate or unincorporated body to agree to these Terms of Service.

3.2   In order to use the Storage Services you must register using your email address and create an Account with us, providing complete, accurate, and up-to-date information, in accordance with our Privacy Policy. Upon registration, you will be deemed to be a Registered User.

3.3   By being a Registered User, you agree to receive communication (through any media whatsoever) from Beam Storage, which will include marketing materials such as updates and promotions regarding the Storage Services, Platform, and/or Website.

3.4   You will maintain the confidentiality of your Account password and user identification, and shall take full responsibility for all activities that occur under the Account and any other actions taken in connection with the Account.

3.5   You must notify us in the event there are changes to your billing or contact information.

3.6   You will take all reasonable steps to ensure that only you can access your Account and the Storage Services. You agree that any person who has your Account login information is your representative with full authority to act on your behalf.

3.7   You will inform us immediately if you become aware or suspect that someone else may have unauthorized use of your login information and/or Account, or any other breaches of security.

3.8   We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device or Account.

4. STORAGE OF ITEMS

4.1   Registered User’s Responsibilities and Obligations

4.1.1   You shall ensure that, throughout the term of this Agreement, the Items are yours, or that you are permitted and authorized by the owners of such Items to use the Storage Services.

4.1.2   Items stored with us must not exceed 25 kg per item.

4.1.3   You understand and agree that if you store fragile Items, you waive all rights and claims against Beam Storage should your fragile Items be damaged and the fragile Items were not properly packed or we were not informed that the Items are fragile.

4.1.4   You are responsible for packing any Private Item, where such Private Item is sealed with tamper-free seals.

4.1.5   You are advised that our storage facilities are not temperature- or humidity-controlled. Consequently, you assume all risk in storing your Items, including any wines or antiques, at our storage facilities.

4.1.6   You are advised to remove batteries from battery-operated Items to avoid possible damage.

4.1.7   You cannot use the Storage Services to store items which we, at our discretion deem to be prohibited, including the following items (each, a “Prohibited Item“):

4.1.7.1   Food or other perishable items;

4.1.7.2   Animals, plants, or any other living thing;

4.1.7.3   Jewelry, bullion, currency, furs, precious metals, gems, or stones;

4.1.7.4   Fine art;

4.1.7.5   Firearms, weapons, ammunition, explosives;

4.1.7.6   Corrosive, combustible, or flammable materials;

4.1.7.7   Compressed gas;

4.1.7.8   Paints, oils, gun powder, kerosene, petrol, oil, cleaning solvents;

4.1.7.9   Fertilizer;

4.1.7.10   Chemical or radioactive materials or biological agents, toxic waste, asbestos or any other materials of dangerous, toxic, or hazardous nature;

4.1.7.11   Any item that emits fumes or odors or noise to be audible or vibration to be felt.

4.1.7.12   Illegal substances, including drugs or narcotics or illegally-obtained goods;

4.1.7.13   Irreplaceable items such as heirlooms, currencies, bonds, securities, deeds; and

4.1.7.14   Any hazardous or dangerous items the storage of which is subject to control by law.

4.1.8   You understand and agree that Beam Storage or its appointed agent reserves the right, without providing you notice, or in compliance with a court order or at the direction of any law enforcement or government agency to inspect your Items, including Private Items, and return, seize, destroy, or otherwise dispose of or handle them as we deem fit in our sole and absolute discretion. We disclaim any liability with respect to such Items if we reasonably suspect that such Item constitutes a Prohibited Item.

4.1.9   You shall be responsible for all resulting costs, expenses, and losses incurred by us and shall pay such amounts to us on demand in the event Paragraph 4.1.7 is breached.

4.2   Beam Storage Responsibilities and Obligations

4.2.1   Beam Storage shall be responsible and shall endeavor to take the utmost care to protect your Items, including packing your Items in any manner and using any packing materials as we deem appropriate in our sole discretion.

4.2.2   Beam Storage shall take commercially reasonable measures to ensure that the storage facility used to store your Items is clean, secured, and well-ventilated.

4.2.3   You acknowledge and understand that normal deterioration, degradation, or aging of Items is expected and occurs with time, and we shall not be held liable for any such deterioration, degradation, or aging.

4.2.4   For safety and privacy reasons, access to our storage facilities is strictly prohibited unless otherwise permitted. Beam Storage reserves the right to deny access or delivery of stored Items if a Registered User has committed any default under this Agreement, including the payment of any outstanding fees.

4.2.5   Beam Storage is not responsible for the assembly or disassembly of Items or the disconnection or connection of Items.

4.2.6   Beam Storage reserves the right to refuse to store any Items and may return the same to you at your cost, at any time, if we reasonably believe that the storage or continued storage of Items would pose a risk to the safety of any person, the security of the storage facilities, or any other Items stored at Beam Storage's facilities.

5. PICKUP AND DELIVERY OF ITEMS

5.1   Registered User’s Responsibilities and Obligations

5.1.1   You are responsible for ensuring the provision of an accurate address for pickup or delivery. Beam Storage shall not independently verify the accuracy of such address information. A failed pickup or delivery resulting from your provision of the wrong address shall be subject to a Failed Pickup/Delivery Fee as set forth in Paragraph 7.2.

5.1.2   You must ensure reasonable access and parking facilities to your premises so that we may pickup or deliver your Items.

5.1.3   You must ensure that your Items can be collected on an accessible ground floor or within easy access by an elevator. You must also ensure that, in the case of the latter, such Items can be easily transported in the elevator.

5.1.4   You may schedule a pickup date and time, subject to availability, up to two (2) weeks in advance and no earlier than four (4) hours'; in advance.

5.1.5   You may schedule a delivery date and time, subject to availability, no later than 6 p.m. SGT the day prior to the desired date of delivery.

5.1.6   You must give us at least two (2) hours' notice before the original selected schedule date and time regarding any cancellation or rescheduling of any pickup or delivery to avoid a Cancellation/Rescheduling Fee, as set forth in Paragraph 7.2.

5.1.7   You must ensure that either you or your authorized agent or representative is present at the specified address for pickup or delivery during the scheduled appointment in order to avoid a No-Show Fee as set forth in Paragraph 7.2.

5.1.8   You shall limit our waiting time to a maximum of 10 minutes upon our arrival for picking up and delivering your Item or else you may be liable for a No-Show Fee as set forth in Paragraph 7.2 at our sole discretion.

5.1.9   Upon pickup or delivery of an Item, we shall provide you an electronic pickup or delivery note that shows the date of pickup or delivery. You or your authorized agent or representative shall electronically sign the pickup or delivery note as confirmation that the Item has been picked up or delivered.

5.2   Beam Storage Responsibilities and Obligations

5.2.1   We shall pickup or deliver your Items from the address you specify on the Platform.

5.2.1.1   We shall use reasonable efforts to pickup and/or deliver your Items within the time period indicated in your scheduled appointment.

5.2.2   We only currently pickup from and deliver to all areas in Singapore, except the following areas, (“No-Go Zones”):

5.2.2.1   Resorts World Sentosa;

5.2.2.2   All offshore islands (i.e., Pulau Ubin, Pulau Tekong, St. John's Island, and Khusu Island);

5.2.2.3   All Ministry of Defence/Singapore Air Force military areas, army camps, air bases, naval bases, ammo bases and stores, ammo commands and buildings, including Gombak Base, Central Manpower Base, Defence Technology Tower B, Defence Technology Tower A, all DSO buildings, all DSTA buildings and offices, all FSD buildings and offices and all SID building and offices;

5.2.2.4   All Ministry of Home Affairs/Singapore Police Force/Singapore Civil Defence Force/Singapore Prisons offices or areas such as New Phoenix Park, Special Operation Command, Coast Guard Brani Base, Home Team Academy, SCDF Training Academy, SCDF Nee Soon Camp, Woodlands Checkpoint, Tuas Checkpoint, Changi Prisons, Sembawang Prisons and Admiralty West Prisons;

5.2.2.5   All ports and port supporting buildings in Singapore including PSA Tanjong Pagar Terminal, PSA Pasir Panjang Terminal, PSA Keppel Terminal, PSA Brani Terminal, and Jurong Port;

5.2.2.6   All airports, air bases, and supporting facilities such as Changi Airport, Seletar Airport, Seletar Aerospace Park, Airline House, ALPS area, SATS buildings and dnata buildings; and

5.2.2.7   Facilities of chemical plants (such as Esso, Shell, Caltex, SPC), Data Centre, Engine Test Centre (such as SIA Engine Centre, Trend Engine Centre), power stations and shipyards.

5.2.3   In the event the pickup or delivery premises have elevators that are, for whatever reason, not operating or do not have elevators that transport our representative and the Items, directly to and from, a level at which our delivery vehicle can be safely and legally parked, and the level of the pickup or delivery address, we may, at our sole and absolute discretion either:

(a) pickup or deliver your Items, in which case an additional surcharge, as set forth in Paragraph 7.2, may be applied at our discretion; or

(b) not pickup or deliver the Items, in which case we shall not be held liable.

5.2.4   Beam Storage shall not be held liable for any cancellations or delays in pickups or deliveries due to misallocation of pickup or delivery resources, schedule conflicts, failure in telecommunications networks, power cuts, adverse weather or traffic conditions, terrorist activity, any court order or direction by law, seizure or legal process, riots or civil unrest, or other reasons beyond our control.

5.2.4.1   In the event there is a cancellation or delay as set forth in Paragraph 5.2.4, we shall use commercially reasonable efforts to notify you of such cancellation or delay through telephone, SMS, and/or email and shall use commercially reasonable efforts to minimize disruptions to the Storage Services.

5.2.4.2   Beam Storage reserves the right to provide the Registered User advance notice in the event it has to change or modify the scheduled appointment of pickup or delivery.

6. CATALOGUING

6.1   Registered User’s Responsibilities and Obligations

6.1.1   You are solely responsible for inspecting and verifying the photographs of your Items that have been uploaded and linked to your Account on the Platform.

6.1.2   You must notify Beam Storage within five (5) Working Days after receiving notification of the uploading of the photographs to the Platform of any inaccuracies or omissions in relation to the Items' photographs.

6.2   Beam Storage Responsibilities and Obligations

6.2.1   Upon arrival at our storage facilities, we shall unpack your Items (except Private Items) and photograph each Item to be stored.

6.2.2   Photographs of your Items shall be uploaded onto the Platform and linked to your Account. Photographs of your Items shall be visible only within your Account.

6.2.3   We will take photographs of your Items only once.

6.2.4   Beam Storage shall not be held liable for any discrepancies, inaccuracies, or omissions in relation to the Items' photographs unless notification of the same is provided by you within five (5) Working Days after the photographs have been uploaded to the Platform and linked to your Account.

7. FEES AND PAYMENT

7.1   By using the Storage Services, you agree to the fees and payment terms as we may update from time to time in our sole discretion. Beam Storage may at any time and at its own discretion add new chargeable services or amend fees and charges for existing services. Any change to our fees or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement. You shall be notified of any such changes by email and through the Platform.

7.2   All applicable fees and charges can be found on our Website and are reproduced below:

ITEM

FEE/CHARGE (IN SGD)

Small Box - 350x250x250mm (LxHxW)

$4.00 per box per month

Large Box - 600x350x400mm (LxHxW)

$8.00 per box per month

Oversized Item – Anything larger than the dimensions of the large box

$12.00 per item per month

Standard Pickup (Note : you must schedule a pickup at least 48-hours prior)

FREE

Delivery

$16.00 flat rate

Premium Pickup or Delivery (4-hours turnaround time)

$35.00 flat rate

Stair Fee

$10.00 per level

Failed Pickup/Delivery Fee

$35.00

Cancellation/Rescheduling Fee (less than 2 hours before scheduled pickup or delivery)

$35.00

No-Show Fee (to be imposed 10 minutes after driver’s arrival)

$35.00

Change of Address within 6 month (Mover’s fee)

$150.00

Prohibited Item Return Fee (items that can be returned to customer)

$16.00

Prohibited Item Disposal Fee (items that pose a danger to our staff and facilty)

Cost of disposal by 3rd party + $150.00

Late Payment Fee

1% of outstanding balance per month

Lien sale or auction Fee

$150.00

7.2.5   We reserve the right to waive the first Stair Fee, Failed Pickup/Delivery Fee, Cancellation/Rescheduling Fee, No-Show Fee, or Late Payment Fee incurred by you.

7.2.6   Such fees and charges are not inclusive of GST (if applicable).

7.3   Charges start on the date the Item is picked up and cease the day after the Item is delivered or upon termination of this Agreement.

7.4   The billing cycle for fee payment shall commence on the date we pickup your Items and shall be on a monthly recurring basis. Your credit or debit card will be authorised but not charged until start of the next billing cycle.

7.5   Beam Storage accepts all major credit and debit cards, including Visa, Mastercard and Amex. Beam Storage may consider other forms of payment and shall update these Terms of Service accordingly.

7.6   Upon your request through the Platform for Beam Storage to pickup an Item, you shall be asked to provide credit/debit card details and all payment under this Agreement shall be charged to this card.

7.7   In the event that your card is cancelled or expired, resulting in our failure or inability to collect the billed charges, Beam Storage shall notify you of such failure or inability and provide you a period of five (5) Working Days to provide valid credit or debit card details. If you fail to provide such valid credit or debit card information, Beam Storage shall be entitled to terminate this Agreement with immediate effect and claim all monies due and owing from you.

7.8   In the event that all charges are not promptly paid within 30 days past due date, we are relieved of any duty howsoever arising in respect of the Items. We shall exercise a lien over the Items until the outstanding charges have been fully settled and received by us. Under such situation, you authorise us to withhold and inspect the Items.

7.9   If charges remain unpaid for 60 days past due date, we reserve the right to withhold your Items with us for sale or auction. In the event of a sale or auction, we will charge a lien sale/auction fee of S$150.00 if applicable. Proceeds from the sale or auction will be used to settle all outstanding charges and payments including administrative fees, removal fees, late payment fees and lien sale/auction fee. If, after settling all charges and payments there is any amount leftover, we will make reasonable efforts to return the excess to you without interest. If within 60 days, we are unable to get a response from you and unable to pay you the excess, the amount leftover will be retained by us for our own account.

7.10   If in our opinion the Items cannot be sold for a reasonable price or at all (for any reason), or despite our reasonable efforts they remain unsold, you authorise us to treat them as abandoned and to destroy or otherwise dispose of them at your cost. You shall be responsible for all costs reasonably incurred by us in relation to the disposal of the Items.

8. TERMINATION

8.1   You may terminate your Account at any time by requesting the return of all your Items and settling any outstanding charges due to us.

8.2   Payment invoice will be generated one day before the pickup date and payment will be effected immediately for outstanding storage used and delivery charges.

8.3   We may terminate this Agreement or your access to the Website or Platform at any time, with or without cause or written notice, if we determine that either: (i) you have breached any terms of this Agreement; (ii) you fail to pay any amount due by the due date; or (iii) your activity poses a threat to Beam Storage. Any such termination shall not prejudice any accrued right, whether under this Agreement or the provisions of any applicable law, that we have against you.

8.4   Some parts of these Terms of Service will continue to operate even after your Account is terminated. All provisions, of these Terms of Service which by their nature could reasonably survive termination, shall survive termination including but not limited to the provisions relating to intellectual property rights, warranty disclaimers and limitations of liability.

9. INSURANCE

9.1   You acknowledge that Beam Storage is not aware and has no reason to be aware of the value of the Items (whether a Private Item or not) stored with us and, subject to the remaining provisions of these Terms of Service, our liability is strictly limited to SG$100 per Item or per Box, whichever may be applicable.

9.2   Risk in the Items shall remain with you at all times and you are responsible for arranging appropriate insurance for your Items.

9.3   Beam Storage shall offer basic insurance coverage for your Items at a maximum of SG$100.00 per Item or per Box, whichever may be applicable.

9.4   Beam Storage may, in addition, make available to you the option to purchase additional coverage through an approved insurer.

10. EXCLUSION OF LIABILITY

10.1   Beam Storage shall not be liable for any loss or damage whatsoever arising from the following:

10.1.1   any act or omission on your part or any person acting on your behalf;

10.1.2   compliance with the instructions given to us by the you or any other person entitled to give them;

10.1.3   insufficiency of the preparation, labelling or marking of the Items except where such service has been provided by us;

10.1.4   riots, civil unrest, strikes, lockouts, terrorist attacks, stoppage or restrain of labour from whatsoever cause;

10.1.5   inherent vice of the Items;

10.1.6   any bugs, viruses, Trojan horses or the like that may be transmitted to or through our Website or Platform by any third party;

10.1.7   any interruption or cessation of transmission to or from the Website or Platform; or

10.1.8   any cause or event which Beam Storage could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.

10.2   Beam Storage shall not in any circumstances whatsoever and howsoever arising, including without limitation any negligence on our part or our agents, be liable for loss or damage caused to the Items, indirect or consequential loss or damage, loss of profits, loss of market or the consequences of any delay or deviation.

11. RESTRICTIONS

11.1   You must not use or interact with the Storage Services, Platform, or Website in any unlawful or fraudulent way or for any unlawful or fraudulent purpose.

11.2   You must not disrupt, damage or interfere with the Storage Services, Website, or Platform in any way.

11.3   You must not offer in any manner, sub-license or re-sell the Storage Service, use of or access to the Storage Services, to a third party, for any reason whatsoever without our prior written consent.

12. INTELLECTUAL PROPERTY RIGHTS

12.1   We retain ownership of all intellectual property rights of any kind related to our Website, Platform, Platform Content and Storage Services, including all applicable copyrights, patents, logos, trademarks, trade secrets and other property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, save for those which may relate to third parties that we may mention on our Website or our partners in providing the Storage Services.

12.2   All content on the Website or the Platform may be downloaded or printed for your own personal and non-commercial use only. All copyright notices on downloaded or printed material must be retained.

12.3   Save as specifically permitted here, you may not copy, download, reproduce, use, modify, sell or distribute, make available to the public, create a derivative work or otherwise use or exploit any content on the Website or Platform in any way or for any purpose without prior written permission from Beam Storage. Use of const from the Website or Platform for any purpose not expressly permitted by this agreement is strictly prohibited.

12.4   All comments or feedback that you provide to us shall become our property and may be used by Beam Space to improve the Website, Platform or Storage Services without prior notice or reference to you. All rights in and to your feedback, comments, ideas, proposals and suggestions, if any, and all software, Website or Platform material, business processes, content, inventions or other intellectual assets developed therfrom shall belong solely and absolutely to Beam Space.

13. NOTICES AND COMMUNICATIONS

13.1   You consent to receive communications and legal notices from Beam Storage in an electronic form via the email address you have submitted upon registration and agree that all terms, conditions, agreements, notices, disclosures, and other communications that Beam Storage provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

13.2   You acknowledge that all electronic communications and legal notices made using messaging or communication tools available on the Website or Platform shall have legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document.

13.3   You agree not to contest the legally binding nature, validity or enforceability of any transaction on the Website and Platform on the ground that it was entered into electronically.

13.4   Your address for service of legal notices shall be your email and/or postal address specified in your Account. Notices may be served upon you by email or by prepaid post at the aforementioned address. 13.5 Communications made through email will not constitute legal notice to Beam Storage or any of its officers, employees, agents or representatives in any situations where notice to us is required by contract or any law or regulation. Notices may be served upon us by prepaid post addressed to our corporate office.

13.6   Any notices given by either party must be in writing. A notice shall be deemed to have been served from the time the email was sent by the sender or 48 hours after it has been placed in the post, as the case may be, provided that the sender of the email does not receive an email message stating that the email message has not been received by the intended recipient.

14. PRIVACY

14.1   We only use your personal information in accordance with our Privacy Policy which is available on our Website or Platform at any time. Please read the Privacy Policy as it includes important terms which apply to you and how your information is handled.

15. DISCLAIMER

15.1   Beam Storage provides its Website its Platform on an “as is” and “as available” basis with all faults. We do not warrant that use of the Website or Platform will be error-free or uninterrupted or that any defects will be corrected.

15.2   Beam Storage will provide the Storage Services with reasonable care and skill and substantially as described in this Agreement. We do not make any other promises or warranties about the Storage Services.

15.3   Beam Storage does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any website or service hyperlinked to the Website, and Beam Storage will not be a party to or in any way monitor any transaction between you and third party providers of products or services.

15.4   Beam Storage cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes.

16. GOVERNING LAW

16.1   This Agreement, including all other conditions indicated on the Beam Storage Website and Platform, and any disputes or claims arising out of or in connection with it and the Storage Services shall be subject to Singapore law and the exclusive jurisdiction of the Singapore courts.

17. NO WAIVER

17.1   No failure or delay by us in exercising any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

18. SEVERANCE

18.1   Each and every obligation under these Terms of Service shall be treated as a separate obligation and shall be severally enforceable as such. In the event of any obligation or obligations being or becoming unenforceable in whole or in part, such part or parts as are unenforceable shall be deleted from these Terms of Service and any such deletion shall not affect the enforceability of all such parts of these Terms of Service as remain not so deleted.

 

Last Updated: 18 July 2017 UTC+0800

Beam Storage Sdn Bhd

These Terms of Service and our Privacy Policy govern your use of the Website and Platform (the terms “Privacy Policy”, “Website” and “Platform” are defined below). Please read these Terms of Service and the Privacy Policy carefully. By accessing the Website and Platform, you signify that you have read, understood, and agree to be legally bound by these Terms of Service. If you do not accept any of these Terms of Service please discontinue your access immediately to this Website and/or Platform.

1. DEFINITIONS

1.1   In these Terms of Service, unless the context otherwise requires, each of the following terms shall have the respective meanings corresponding to it:

1.1.1   “Account” refers to a Registered User account that has been opened by you through our sites;

1.1.2   ”Agreement” means, collectively, all the terms and conditions referenced in the Terms of Service, the Privacy Policy and all other operating rules, policies, and procedures that we may publish from time to time on our Website;

1.1.3   ”Beam Storage”, ”we”, ”us”, or ”our” means Beam Storage Sdn Bhd (UEN. 1081752-A) and any of its affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees;

1.1.4   ”GST” means the Goods and Services Tax;

1.1.5   ”Item” or “Items” means your box, boxes, item or items that you wish to store at our storage facilities;

1.1.6   ”Platform” means the online platform operated by Beam Storage through which a Registered User may request Storage Services and through which Beam Storage provides certain Storage Services to a Registered User;

1.1.7   “Platform Content” means any content featured or displayed on the Platform, including without limitation text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features and any other materials that are available on Our Website;

1.1.8   “Privacy Policy” means the policy published on the Website titled “Privacy Policy” which applies to all personal data that you may provide to us and the personal data we hold about you;

1.1.9   “Prohibited Item” shall have the meaning ascribed to it in Paragraph 4.1.7;

1.1.10   ”Registered User” means any individual person, corporate, or unincorporated body registered to use the Storage Services;

1.1.11   ”"RM" or MYR” shall mean the Malaysian Ringgit, the lawful currency of Malaysia;

1.1.12   ”Storage Services” means our services that comprise pickup, transport, storage, cataloguing, and delivery services;

1.1.13   ”Terms of Service” means the terms and conditions contained herein, as may from time to time be amended, supplemented and/or substituted and reposted on the Website by Beam Storage;

1.1.14   ”Website” means this website http://www.beamspace.com;

1.1.15   ”Working Days” means any day other than a Sunday or public holiday; and

1.1.16   ”You” or ”your” means an individual person, corporate, or unincorporated body that has visited or is using the Website or Services and is entering into this Agreement with us;

1.2   Unless the context otherwise requires:

1.2.16   “person” refers to a firm, a body corporate or an unincorporated association;

1.2.17   any reference to any legal entity or individual persons includes, where appropriate, a reference to its authorised agents, delegates, successors or nominees;

1.2.18   words importing the singular include the plural and vice-versa; and

1.2.19   words importing a gender will include all other genders.

2. CHANGES TO THESE TERMS OF SERVICE

2.1   We may make changes to these Terms of Service from time to time and post a revised version on the Website and Platform, which shall be effective immediately upon such posting but are under no obligation to notify you by any means whatsoever of such revisions. Your continued access to the Website, Platform, or use of the Storage Services after the revised Terms of Service have taken effect will constitute your unconditional acceptance of these Terms of Service (as revised).

3. REGISTRATION

3.1   By agreeing to these Terms of Service, if (a) you are an individual acting on your own behalf, you attest that you are not less than 18 years of age and have legal capacity to enter into these Terms of Service with us, or (b) you are a corporate or unincorporated body, you have the authority of the corporate or unincorporated body to agree to these Terms of Service.

3.2   In order to use the Storage Services you must register using your email address and create an Account with us, providing complete, accurate, and up-to-date information, in accordance with our Privacy Policy. Upon registration, you will be deemed to be a Registered User.

3.3   By being a Registered User, you agree to receive communication (through any media whatsoever) from Beam Storage, which will include marketing materials such as updates and promotions regarding the Storage Services, Platform, and/or Website.

3.4   You will maintain the confidentiality of your Account password and user identification, and shall take full responsibility for all activities that occur under the Account and any other actions taken in connection with the Account.

3.5   You must notify us in the event there are changes to your billing or contact information.

3.6   You will take all reasonable steps to ensure that only you can access your Account and the Storage Services. You agree that any person who has your Account login information is your representative with full authority to act on your behalf.

3.7   You will inform us immediately if you become aware or suspect that someone else may have unauthorized use of your login information and/or Account, or any other breaches of security.

3.8   We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device or Account.

4. STORAGE OF ITEMS

4.1   Registered User’s Responsibilities and Obligations

4.1.1   You shall ensure that, throughout the term of this Agreement, the Items are yours, or that you are permitted and authorized by the owners of such Items to use the Storage Services.

4.1.2   Items stored with us must not exceed 25 kg per item.

4.1.3   You understand and agree that if you store fragile Items, you waive all rights and claims against Beam Storage should your fragile Items be damaged and the fragile Items were not properly packed or we were not informed that the Items are fragile.

4.1.4   You are responsible for packing any Private Item, where such Private Item is sealed with tamper-free seals.

4.1.5   You are advised that our storage facilities are not temperature- or humidity-controlled. Consequently, you assume all risk in storing your Items, including any wines or antiques, at our storage facilities.

4.1.6   You are advised to remove batteries from battery-operated Items to avoid possible damage.

4.1.7   You cannot use the Storage Services to store items which we, at our discretion deem to be prohibited, including the following items (each, a “Prohibited Item“):

4.1.7.1   Food or other perishable items;

4.1.7.2   Animals, plants, or any other living thing;

4.1.7.3   Jewelry, bullion, currency, furs, precious metals, gems, or stones;

4.1.7.4   Fine art;

4.1.7.5   Firearms, weapons, ammunition, explosives;

4.1.7.6   Corrosive, combustible, or flammable materials;

4.1.7.7   Compressed gas;

4.1.7.8   Paints, oils, gun powder, kerosene, petrol, oil, cleaning solvents;

4.1.7.9   Fertilizer;

4.1.7.10   Chemical or radioactive materials or biological agents, toxic waste, asbestos or any other materials of dangerous, toxic, or hazardous nature;

4.1.7.11   Any item that emits fumes or odors or noise to be audible or vibration to be felt.

4.1.7.12   Illegal substances, including drugs or narcotics or illegally-obtained goods;

4.1.7.13   Irreplaceable items such as heirlooms, currencies, bonds, securities, deeds; and

4.1.7.14   Any hazardous or dangerous items the storage of which is subject to control by law.

4.1.8   You understand and agree that Beam Storage or its appointed agent reserves the right, without providing you notice, or in compliance with a court order or at the direction of any law enforcement or government agency to inspect your Items, including Private Items, and return, seize, destroy, or otherwise dispose of or handle them as we deem fit in our sole and absolute discretion. We disclaim any liability with respect to such Items if we reasonably suspect that such Item constitutes a Prohibited Item.

4.1.9   You shall be responsible for all resulting costs, expenses, and losses incurred by us and shall pay such amounts to us on demand in the event Paragraph 4.1.7 is breached.

4.2   Beam Storage Responsibilities and Obligations

4.2.1   Beam Storage shall be responsible and shall endeavor to take the utmost care to protect your Items, including packing your Items in any manner and using any packing materials as we deem appropriate in our sole discretion.

4.2.2   Beam Storage shall take commercially reasonable measures to ensure that the storage facility used to store your Items is clean, secured, and well-ventilated.

4.2.3   You acknowledge and understand that normal deterioration, degradation, or aging of Items is expected and occurs with time, and we shall not be held liable for any such deterioration, degradation, or aging.

4.2.4   For safety and privacy reasons, access to our storage facilities is strictly prohibited unless otherwise permitted. Beam Storage reserves the right to deny access or delivery of stored Items if a Registered User has committed any default under this Agreement, including the payment of any outstanding fees.

4.2.5   Beam Storage is not responsible for the assembly or disassembly of Items or the disconnection or connection of Items.

4.2.6   Beam Storage reserves the right to refuse to store any Items and may return the same to you at your cost, at any time, if we reasonably believe that the storage or continued storage of Items would pose a risk to the safety of any person, the security of the storage facilities, or any other Items stored at Beam Storage's facilities.

5. PICKUP AND DELIVERY OF ITEMS

5.1   Registered User’s Responsibilities and Obligations

5.1.1   You are responsible for ensuring the provision of an accurate address for pickup or delivery. Beam Storage shall not independently verify the accuracy of such address information. A failed pickup or delivery resulting from your provision of the wrong address shall be subject to a Failed Pickup/Delivery Fee as set forth in Paragraph 7.2.

5.1.2   You must ensure reasonable access and parking facilities to your premises so that we may pickup or deliver your Items.

5.1.3   You must ensure that your Items can be collected on an accessible ground floor or within easy access by an elevator. You must also ensure that, in the case of the latter, such Items can be easily transported in the elevator.

5.1.4   You may schedule a pickup date and time, subject to availability, up to two (2) weeks in advance and no earlier than four (4) hours'; in advance.

5.1.5   You may schedule a delivery date and time, subject to availability, no later than 6 p.m. MST two days (48 hours) prior to the desired date of delivery.

5.1.6   You must give us at least two (2) hours' notice before the original selected schedule date and time regarding any cancellation or rescheduling of any pickup or delivery to avoid a Cancellation/Rescheduling Fee, as set forth in Paragraph 7.2.

5.1.7   You must ensure that either you or your authorized agent or representative is present at the specified address for pickup or delivery during the scheduled appointment in order to avoid a No-Show Fee as set forth in Paragraph 7.2.

5.1.8   You shall limit our waiting time to a maximum of 10 minutes upon our arrival for picking up and delivering your Item or else you may be liable for a No-Show Fee as set forth in Paragraph 7.2 at our sole discretion.

5.1.9   Upon pickup or delivery of an Item, we shall provide you an electronic pickup or delivery note that shows the date of pickup or delivery. You or your authorized agent or representative shall electronically sign the pickup or delivery note as confirmation that the Item has been picked up or delivered.

5.2   Beam Storage Responsibilities and Obligations

5.2.1   We shall pickup or deliver your Items from the address you specify on the Platform.

5.2.1.1   We shall use reasonable efforts to pickup and/or deliver your Items within the time period indicated in your scheduled appointment.

5.2.2   We only currently pickup from and deliver to all areas in Klang Valley indicated within the app.

5.2.3   In the event the pickup or delivery premises have elevators that are, for whatever reason, not operating or do not have elevators that transport our representative and the Items, directly to and from, a level at which our delivery vehicle can be safely and legally parked, and the level of the pickup or delivery address, we may, at our sole and absolute discretion either:

(a) pickup or deliver your Items, in which case an additional surcharge, as set forth in Paragraph 7.2, may be applied at our discretion; or

(b) not pickup or deliver the Items, in which case we shall not be held liable.

5.2.4   Beam Storage shall not be held liable for any cancellations or delays in pickups or deliveries due to misallocation of pickup or delivery resources, schedule conflicts, failure in telecommunications networks, power cuts, adverse weather or traffic conditions, terrorist activity, any court order or direction by law, seizure or legal process, riots or civil unrest, or other reasons beyond our control.

5.2.4.1   In the event there is a cancellation or delay as set forth in Paragraph 5.2.4, we shall use commercially reasonable efforts to notify you of such cancellation or delay through telephone, SMS, and/or email and shall use commercially reasonable efforts to minimize disruptions to the Storage Services.

5.2.4.2   Beam Storage reserves the right to provide the Registered User advance notice in the event it has to change or modify the scheduled appointment of pickup or delivery.

6. CATALOGUING

6.1   Registered User’s Responsibilities and Obligations

6.1.1   You are solely responsible for inspecting and verifying the photographs of your Items that have been uploaded and linked to your Account on the Platform.

6.1.2   You must notify Beam Storage within five (5) Working Days after receiving notification of the uploading of the photographs to the Platform of any inaccuracies or omissions in relation to the Items' photographs.

6.2   Beam Storage Responsibilities and Obligations

6.2.1   Upon arrival at our storage facilities, we shall unpack your Items (except Private Items) and photograph each Item to be stored.

6.2.2   Photographs of your Items shall be uploaded onto the Platform and linked to your Account. Photographs of your Items shall be visible only within your Account.

6.2.3   We will take photographs of your Items only once.

6.2.4   Beam Storage shall not be held liable for any discrepancies, inaccuracies, or omissions in relation to the Items' photographs unless notification of the same is provided by you within five (5) Working Days after the photographs have been uploaded to the Platform and linked to your Account.

7. FEES AND PAYMENT

7.1   By using the Storage Services, you agree to the fees and payment terms as we may update from time to time in our sole discretion. Beam Storage may at any time and at its own discretion add new chargeable services or amend fees and charges for existing services. Any change to our fees or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement. You shall be notified of any such changes by email and through the Platform.

7.2   All applicable fees and charges can be found on our Website and are reproduced below:

ITEM

FEE/CHARGE (IN MYR)

Small Box - 350x250x250mm (LxHxW)

MYR3.00 per box per month

Large Box - 600x350x400mm (LxHxW)

MYR8.00 per box per month

Oversized Item – Anything larger than the dimensions of the large box

MYR12.00 per item per month

Standard Pickup (Note : you must schedule a pickup at least 48-hours prior)

MYR100.00

Delivery

MYR100.00 flat rate

Stair Fee

MYR10.00 per level

Failed Pickup/Delivery Fee

MYR100.00

Cancellation/Rescheduling Fee (less than 4 hours before scheduled pickup or delivery)

MYR100.00

No-Show Fee (to be imposed 15 minutes after driver’s arrival)

MYR100.00

Change of Address within 6 month (Mover’s fee)

MYR200.00

Prohibited Item Return Fee (items that can be returned to customer)

MYR100.00

Prohibited Item Disposal Fee (items that pose a danger to our staff and facilty)

Cost of disposal by 3rd party + MYR200.00

Late Payment Fee

1% of outstanding balance per month

Lien sale or auction Fee

MYR200.00

7.2.5   We reserve the right to waive the first Stair Fee, Failed Pickup/Delivery Fee, Cancellation/Rescheduling Fee, No-Show Fee, or Late Payment Fee incurred by you.

7.2.6   Such fees and charges are not inclusive of GST (if applicable).

7.3   Charges start on the date the Item is picked up and cease the day after the Item is delivered or upon termination of this Agreement.

7.4   The billing cycle for fee payment shall commence on the date we pickup your Items and shall be on a monthly recurring basis. Your credit or debit card will be authorised but not charged until start of the next billing cycle.

7.5   Beam Storage accepts all major credit and debit cards, including Visa, Mastercard and Amex. Beam Storage may consider other forms of payment and shall update these Terms of Service accordingly.

7.6   Upon your request through the Platform for Beam Storage to pickup an Item, you shall be asked to provide credit/debit card details and all payment under this Agreement shall be charged to this card.

7.7   In the event that your card is cancelled or expired, resulting in our failure or inability to collect the billed charges, Beam Storage shall notify you of such failure or inability and provide you a period of five (5) Working Days to provide valid credit or debit card details. If you fail to provide such valid credit or debit card information, Beam Storage shall be entitled to terminate this Agreement with immediate effect and claim all monies due and owing from you.

7.8   In the event that all charges are not promptly paid within 30 days past due date, we are relieved of any duty howsoever arising in respect of the Items. We shall exercise a lien over the Items until the outstanding charges have been fully settled and received by us. Under such situation, you authorise us to withhold and inspect the Items.

7.9   If charges remain unpaid for 60 days past due date, we reserve the right to withhold your Items with us for sale or auction. In the event of a sale or auction, we will charge a lien sale/auction fee of S$150.00 if applicable. Proceeds from the sale or auction will be used to settle all outstanding charges and payments including administrative fees, removal fees, late payment fees and lien sale/auction fee. If, after settling all charges and payments there is any amount leftover, we will make reasonable efforts to return the excess to you without interest. If within 60 days, we are unable to get a response from you and unable to pay you the excess, the amount leftover will be retained by us for our own account.

7.10   If in our opinion the Items cannot be sold for a reasonable price or at all (for any reason), or despite our reasonable efforts they remain unsold, you authorise us to treat them as abandoned and to destroy or otherwise dispose of them at your cost. You shall be responsible for all costs reasonably incurred by us in relation to the disposal of the Items.

8. TERMINATION

8.1   You may terminate your Account at any time by requesting the return of all your Items and settling any outstanding charges due to us.

8.2   Payment invoice will be generated one day before the pickup date and payment will be effected immediately for outstanding storage used and delivery charges.

8.3   We may terminate this Agreement or your access to the Website or Platform at any time, with or without cause or written notice, if we determine that either: (i) you have breached any terms of this Agreement; (ii) you fail to pay any amount due by the due date; or (iii) your activity poses a threat to Beam Storage. Any such termination shall not prejudice any accrued right, whether under this Agreement or the provisions of any applicable law, that we have against you.

8.4   Some parts of these Terms of Service will continue to operate even after your Account is terminated. All provisions, of these Terms of Service which by their nature could reasonably survive termination, shall survive termination including but not limited to the provisions relating to intellectual property rights, warranty disclaimers and limitations of liability.

9. INSURANCE

9.1   You acknowledge that Beam Storage is not aware and has no reason to be aware of the value of the Items (whether a Private Item or not) stored with us and, subject to the remaining provisions of these Terms of Service, our liability is strictly limited to MYR200 per Item or per Box, whichever may be applicable.

9.2   Risk in the Items shall remain with you at all times and you are responsible for arranging appropriate insurance for your Items.

9.3   Beam Storage shall offer basic insurance coverage for your Items at a maximum of MYR200.00 per Item or per Box, whichever may be applicable.

9.4   Beam Storage may, in addition, make available to you the option to purchase additional coverage through an approved insurer.

10. EXCLUSION OF LIABILITY

10.1   Beam Storage shall not be liable for any loss or damage whatsoever arising from the following:

10.1.1   any act or omission on your part or any person acting on your behalf;

10.1.2   compliance with the instructions given to us by the you or any other person entitled to give them;

10.1.3   insufficiency of the preparation, labelling or marking of the Items except where such service has been provided by us;

10.1.4   riots, civil unrest, strikes, lockouts, terrorist attacks, stoppage or restrain of labour from whatsoever cause;

10.1.5   inherent vice of the Items;

10.1.6   any bugs, viruses, Trojan horses or the like that may be transmitted to or through our Website or Platform by any third party;

10.1.7   any interruption or cessation of transmission to or from the Website or Platform; or

10.1.8   any cause or event which Beam Storage could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.

10.2   Beam Storage shall not in any circumstances whatsoever and howsoever arising, including without limitation any negligence on our part or our agents, be liable for loss or damage caused to the Items, indirect or consequential loss or damage, loss of profits, loss of market or the consequences of any delay or deviation.

11. RESTRICTIONS

11.1   You must not use or interact with the Storage Services, Platform, or Website in any unlawful or fraudulent way or for any unlawful or fraudulent purpose.

11.2   You must not disrupt, damage or interfere with the Storage Services, Website, or Platform in any way.

11.3   You must not offer in any manner, sub-license or re-sell the Storage Service, use of or access to the Storage Services, to a third party, for any reason whatsoever without our prior written consent.

12. INTELLECTUAL PROPERTY RIGHTS

12.1   We retain ownership of all intellectual property rights of any kind related to our Website, Platform, Platform Content and Storage Services, including all applicable copyrights, patents, logos, trademarks, trade secrets and other property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, save for those which may relate to third parties that we may mention on our Website or our partners in providing the Storage Services.

12.2   All content on the Website or the Platform may be downloaded or printed for your own personal and non-commercial use only. All copyright notices on downloaded or printed material must be retained.

12.3   Save as specifically permitted here, you may not copy, download, reproduce, use, modify, sell or distribute, make available to the public, create a derivative work or otherwise use or exploit any content on the Website or Platform in any way or for any purpose without prior written permission from Beam Storage. Use of const from the Website or Platform for any purpose not expressly permitted by this agreement is strictly prohibited.

12.4   All comments or feedback that you provide to us shall become our property and may be used by Beam Space to improve the Website, Platform or Storage Services without prior notice or reference to you. All rights in and to your feedback, comments, ideas, proposals and suggestions, if any, and all software, Website or Platform material, business processes, content, inventions or other intellectual assets developed therfrom shall belong solely and absolutely to Beam Space.

13. NOTICES AND COMMUNICATIONS

13.1   You consent to receive communications and legal notices from Beam Storage in an electronic form via the email address you have submitted upon registration and agree that all terms, conditions, agreements, notices, disclosures, and other communications that Beam Storage provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

13.2   You acknowledge that all electronic communications and legal notices made using messaging or communication tools available on the Website or Platform shall have legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document.

13.3   You agree not to contest the legally binding nature, validity or enforceability of any transaction on the Website and Platform on the ground that it was entered into electronically.

13.4   Your address for service of legal notices shall be your email and/or postal address specified in your Account. Notices may be served upon you by email or by prepaid post at the aforementioned address. 13.5 Communications made through email will not constitute legal notice to Beam Storage or any of its officers, employees, agents or representatives in any situations where notice to us is required by contract or any law or regulation. Notices may be served upon us by prepaid post addressed to our corporate office.

13.6   Any notices given by either party must be in writing. A notice shall be deemed to have been served from the time the email was sent by the sender or 48 hours after it has been placed in the post, as the case may be, provided that the sender of the email does not receive an email message stating that the email message has not been received by the intended recipient.

14. PRIVACY

14.1   We only use your personal information in accordance with our Privacy Policy which is available on our Website or Platform at any time. Please read the Privacy Policy as it includes important terms which apply to you and how your information is handled.

15. DISCLAIMER

15.1   Beam Storage provides its Website its Platform on an “as is” and “as available” basis with all faults. We do not warrant that use of the Website or Platform will be error-free or uninterrupted or that any defects will be corrected.

15.2   Beam Storage will provide the Storage Services with reasonable care and skill and substantially as described in this Agreement. We do not make any other promises or warranties about the Storage Services.

15.3   Beam Storage does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any website or service hyperlinked to the Website, and Beam Storage will not be a party to or in any way monitor any transaction between you and third party providers of products or services.

15.4   Beam Storage cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes.

16. GOVERNING LAW

16.1   This Agreement, including all other conditions indicated on the Beam Storage Website and Platform, and any disputes or claims arising out of or in connection with it and the Storage Services shall be subject to Malaysia law and the exclusive jurisdiction of the Malaysia courts.

17. NO WAIVER

17.1   No failure or delay by us in exercising any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

18. SEVERANCE

18.1   Each and every obligation under these Terms of Service shall be treated as a separate obligation and shall be severally enforceable as such. In the event of any obligation or obligations being or becoming unenforceable in whole or in part, such part or parts as are unenforceable shall be deleted from these Terms of Service and any such deletion shall not affect the enforceability of all such parts of these Terms of Service as remain not so deleted.

 

Last Updated: 18 July 2017 UTC+0800