Terms and Conditions under which you (User) may access the services provided by:

DUROLT TECHNOLOGIES PVT LTD (Service Provider),

With its registered address at: Himmel Square, 1st floor, S no 599A Plot no 4, Sahney Sujan park Above Cosmos Bank, Lullanagar Pune- 411040

under this website www.durolt.com or any other associated applications.

Please read this page carefully. If you do not accept the Terms and Conditions stated herein, we request you to exit the Website, as acceptance of these Terms is a precondition for accessing the Website and our Service. Durolt, or any of its business divisions and/or its subsidiaries, associate companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this post. You should visit this page periodically to re-appraise yourself of the Terms and Conditions because they are binding on all Visitors of this Website. In using www.durolt.com service, you are deemed to have accepted the Terms and Conditions listed below or as may be revised from time to time, and you understand and agree that you are bound by such terms till the time you access the website. Luggage lockers or for that matter any other product sold by Durolt or any of its sister concerns are marketed under the brand name of “FONZEL”.

These terms and conditions (“Terms”), together with our Privacy Policy and Terms of Website Use, provides you information about us and the legal terms and conditions on which we: (i) provide Luggage Locker Services (“Storage Services”)  to you. The Terms, Privacy Policy and Terms of Website Use are together the “Agreement”. Please read these Terms carefully and make sure that you understand them, before ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in them.

‍ELIGIBILITY FOR USE OF LOCKERS

In order to access and use the Service, please ensure that you are eligible to use the Service under the applicable laws of India. In case of a corporation, trust, association of persons or a firm, you must be authorized to agree to the TERMS OF USE and to access, use and avail of the Service. If you do not qualify, you shall not access or use the Service. Use of FONZEL’s Service is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use www.durolt.com  with the involvement of a parent or guardian. If you are not a Resident Indian, you may access, use and avail of the Service only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the Service is based on the understanding and agreement that by accessing and using the Service, you are not violating the local laws in India and/or your country. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard.

The following definitions apply to these Terms and Conditions and any or all Agreements:

‍1. Locker

‍The User has requested that the Service Provider store certain items lawfully owned by the user. The user agrees that they have selected a Locker that is correctly sized to the amount of items requested. In the event that such requested items require additional space, the Service Provider shall be permitted to increase the User’s Locker size or the number of units to a size appropriate for the items being stored.

2. Term

‍The term of this Agreement shall begin on the date and time on which the User has signed up for a Locker and continue for the duration of the User storing belongings with the Service Provider which shall renew automatically on a day-to-day basis for each following billing cycle, unless, at least 1 day before the next billing day, written notice is given by either party to the other of its intention to terminate.

3. Rent

‍Locker rental and related fees are due upon locker reservation and shall be paid in full by the User. Cumulative fees for the duration of locker used shall be paid by the User before terminating the locker rental contract. Upon locker rental contract termination, if such termination reflects any pre-paid deposit, the deposit will be adjusted against locker usage rental and refunded accordingly.

The User agrees to pay locker rental and related fees using online payments like UPI, Credit, Debit Card or bank transfer, before closing the locker contract. Any non-payment is delinquent. The Service Provider reserves the right to refuse payment by check or cash. All payments shall first be applied to outstanding charges or fees before being applied to the outstanding locker rent.‍

4. Usage

‍The Service Provider is not engaged in the business of storing goods for hire and no bailment is created under this Agreement. The User agrees to store only for the storage of belongings wholly owned by the User. The User shall not store food or any perishable items. User agrees not to store collectibles, heirlooms, jewellery, cash, works of art, or any property having special or sentimental value to User. The User waives any claim for emotional or sentimental attachment to the stored property.

The User shall not store any personal property that would result in the violation of any law or regulation of any governmental authority, including without limitation all laws and regulations relating to Hazardous Materials, waste disposal and other environmental matters.

The User shall not use the locker in any manner that will constitute waste, nuisance, or unreasonable annoyance to other Users of the Locker and Premises.

The Service Provider reserves the right, without prior written notice to the User, to temporarily deny User access to the Locker without reduction of rent for any reason including, without limitation, pandemic situation, lockdown, unsafe weather conditions as determined by the Service Provider in its sole discretion.

5. Prohibited Items

You hereby agree and acknowledge that the smart locker(s) provided by us are solely intended for the temporary storage of your personal belongings, in compliance with the applicable laws of India. In furtherance to the same, you hereby agree and undertake not to store any illegal, illicit, dangerous, inflammable or prohibited items and/or contrabands and/or explosives and/or radioactive material/ waste and/or other waste in the locker, including but not limited to weapons, explosives, hazardous materials, illegal substances or any other items deemed unlawful or restricted or harmful or risky or that pose a health hazard under the applicable laws.

6. Customer Issues and Resolution

As there are multiple services running to support the functioning of the Company’s luggage lockers, there could be rare cases wherein the services may fail which might lead to temporary disruption of services. In such events, the customers are provided with an option to contact the customer support personnel via the phone numbers that will be listed on the locker unit. Alternately, if a company designated personnel is available onsite, then the customers can also reach out to him/her for the issue resolution.

However, in the event that there are repeated issues with the system services, which might lead to a situation that the customers are not able to pick up their bags from the lockers, then the following remedial measures will be the provided.

  • These remedial solutions will be offered after verifying the customers identity and the booking details in relation to the context of the issue. The Company will organize a technical person to visit the site and resolve the issue. Such a resolution process would span anywhere between 2 to 4 hours.
  • In cases that the customers would be inconvenienced due to the delay in the issue resolution process, the Company will be liable to compensate the customers by refunding their travel tickets. Additionally, the company will also be providing an option to deliver the Customer’s bags and belonging to their desired destination at the Company’s expenses

7‍. Refunds

The User of the Company’s Luggage Lockers can claim a refund for the amount they might have paid for Luggage storage under the following conditions:

  • If the User faced any issues with the storage process after payment. The issues could typically be due to the failure in opening the door of the luggage locker, or in case the locker was falsely shown was available, while there was already an existing storage in the box the User might have chosen.
  • If the Customer Support executive of the Company has explicitly asked the User/Customer to make a double payment only for the purpose of the resolving a situation wherein the User is not able to get a locker unlocked due to the product issues.

Any other reasons other than the above will not be eligible for refunds.

8. Shipping & Returns

‍As the Company is not involved in a business of selling tangible goods, the concept of shipping and returns do not apply. As the Users pay for a rent for the duration of the usage of the Company’s smart lockers, the exchange of physical goods is not in scope and so, there is no shipping and consequently returns applicable for the Company’s line of Business.

9. Limitation of Liability

We expressly state that we do not have and are not obligated to have, any mechanism for verifying the items placed or stored in the locker. You bear full liability for the contents of the locker and you are solely responsible for ensuring that no Prohibited Items are stored therein. You agree and undertake to indemnify and hold us harmless from any and all claims, actions, proceedings, damages, losses, costs, and expenses (including reasonable legal fees and disbursements) that may be asserted against us or incurred by us as a result of your use of the locker or the storage of any such Prohibited Items therein.

10. Arbitration

In the event of a dispute between the User and the Service Provider regarding services, goods, or matters related to these Terms & Conditions:

  1. The parties agree to binding arbitration by a mutually acceptable arbitrator.
  2. Arbitration shall be conducted on an individual basis; class action arbitration is not permitted.
  3. Arbitration costs shall be shared equally between the User and the Service Provider.
  4. Prior to arbitration, the User must allow the Service Provider a reasonable opportunity to inspect the goods in question.

Jurisdiction: The courts in Pune, India shall have exclusive jurisdiction for any legal proceedings or enforcement of the arbitrator’s award. Both parties submit to this exclusive jurisdiction for dispute resolution and enforcement of arbitration awards.

11. Governing Law

‍The laws of India govern these terms and conditions and the courts of PUNE, shall have exclusive jurisdiction. Furthermore, both parties agree to seek mediation prior to any legal proceedings taking place.

12. Entire Agreement

‍This Lease contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Lease. This Lease supersedes any prior written or oral agreements between the parties.

13. Severability

‍If any provision of this Lease will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

14. Waiver of Contractual Rights

‍The failure of either party to enforce any provision of this Lease shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Lease.

NOTICE: If you fail to make your required payments beyond a day, you will have to vacate the locker unit or your property may later be sold at a public sale. Before the sale, you will be notified by electronic mail of the amount due. The Service Provider reserves the right to use email to send notices to the User and the User agrees to receive such notices by email. In order to preserve your right to be notified, it is important that you notify us in writing of any change in your email address. Also, you should supply us with the name and email address of another person who can reach you and we will notify that person in the same manner as we notify you.