Terms & Conditions
Terms & Conditions
1. Parties to the Agreement
This agreement is made between Austin Labs, a company registered in Vietnam and owner of the MyStorage brand, with registered office at 2 Đường Số 4, An Phú, Quận 2, TP.HCM (‘Austin Labs’, ‘we’, ‘us’ or ‘our’) and you, the customer (‘customer’, ‘you’ or ‘your’) who wishes to use our services.
In these terms, the following words have the following meaning:
- ‘Services’ means all or any of the services and products we may offer at any time.
- ‘Delivery’ or ‘deliveries’ means any empty box drop-offs, packed box or item pickups, follow-up pickups, delivery of packed boxes or item and empty box collection trips.
- ‘Tubs’ means the storage boxes supplied by Austin Labs in which the goods are packed.
- ‘Goods’ or ‘items’ mean the items entrusted to be stored by us including those which are packed into boxes and those which are not.
- ‘Website’ means our website at www.thelock.vn or any other website under which we provide and advertise our services or subsequent URL which may replace it.
3. Registration and Accounts
- You are responsible for keeping the login information to our website confidential and for taking all reasonable steps to ensure nobody other than yourself can access your account and the services. You agree that any person in possession of your login information is authorized to act as your representative for using our services and website. You are responsible for all the activities that occur under your account.
- You shall promptly notify Austin Labs if you become aware of or suspect that your login information has become known to someone else.
- You must not sub-license or re-sell any of the services to a third party nor represent us in any way for any reason whatsoever without our prior written consent.
4. Storage of goods
- You warrant that throughout the term of this agreement all goods that are entrusted to us are and shall remain your property or that you have the expressed permission and authority of the owner of the goods to use our services in accordance with this agreement.
- All of the Austin Labs storage plastic boxes (“storage boxes”) remain the property of Austin Labs, unless purchased by the customer.
- Austin Labs does not warrant that the storage facility used by Austin Labs is a suitable place or means of storage for any particular goods.
- You are responsible to carefully pack all goods and protect them with protective wrapping or padding.
- The minimum spend is 500,000 VND per booking
- You acknowledge and agree that Austin Labs will not be responsible for disconnecting or reconnecting appliances, fixtures or equipment.
- Goods stored must not include prohibited, illegal, stolen, perishable and flammable items.
- List of flammable items include but not limited to:
- Beverages containing 70% or more alcohol by volume
- Body washes containing alcohol
- Brake, transmission and windshield washer fluids
- Camping gas, glazing torches and other harmful gases
- Carpet cleaners
- Certain cleaners containing pine oil
- Cooking oil
- Dry-cleaning spotters and solvents for home use
- Engine additives
- Flammable gases (e.g. butane gas)
- Flammable liquids (e.g. gasoline, lighter fluid and diesel)
- Flammable solids(e.g. non-safety matches, disposable BBQ and coal)
- Hair mousse
- Hair sprays and other hair products containing alcohol
- Hand sanitizers containing ethyl alcohol
- Lighter fluid
- Liquid correction fluids
- Matches, charcoal, phosphorus and articles which are easily ignited
- Oil-based paint
- Paint thinners and primers
- Paints, thinner and liquid adhesives
- Powder (powdered milk)
- Spray (hair spray, sunscreen spray)
- Spray lubricants
- Chemicals, drugs, medicines, hazardous or toxic materials of any kind
- Food or perishable goods of any kind
- Flammables, firearms, weapons or explosives of any kind
- Items which emit any kind of odor or fumes
- Plants or creatures (whether living or dead)
- Liquids or compressed gases
- Illegal drugs, counterfeit goods, stolen property or illegal items of any kind
- Personal property that would result in the violation of any law or regulation of any governmental authority
- Anything related to endangered species
- Any items that, in our determination, danger the safety and health of people of in our facility and the environment.
- In addition, we strongly advise that you should not place into our boxes any official personal documents (such as passports, drivers licenses, ID cards, etc.) or anything that contains personally identifiable information, such as date of birth or bank account number. This is not an exhaustive list of personally identifiable information. Essentially, do not put anything into the boxes that contain information that can be used to steal someone’s identity or a document that you may urgently need at a moment’s notice. By executing this agreement, you understand and agree that if you proceeded to store official documents or items containing personally identifiable information, you waive all rights and claims against Austin Labs arising in any way from storing these items. If you do need to store personal documents, Austin Labs offers a secure safe option on request.
- Regardless of how well you pack your boxes or items, they will be moved around during transportation and may be jostled at times. While Austin Labs will take every precaution to ensure your boxes or items are handled with care, there is a risk that they may be accidentally scratched, dented, chipped, marred or damaged. As such, you should carefully wrap all of your items prior to storage, especially fragile items, such as glassware, crockery, mirrors, picture frames, musical instruments, collectables or any items that are easily damaged. By executing this agreement, you understand and agree that you waive all rights and claims against Austin Labs should your items be damaged.
- We will use commercially reasonable efforts to maintain a temperature and humidity of the facility in which your boxes or items are stored between 15C and 32C. We will take all commercially reasonable steps to protect your items from the growth of mold. However, we cannot guarantee that mold may not develop on your property. By executing this agreement, you understand and agree that Austin Labs is not liable for the natural growth of mold or mildew on your property.
- We or anyone acting on our behalf may at any time without notifying you open your storage boxes or Items to inspect your goods:
- if we reasonably believe or suspect that they may contain any goods described in clause 4
- if we are required to do so by the police, fire services, authority or court order
- if we feel people or property are at risk of injury or damage
- any other circumstances at the discretion of Austin Labs management
- Any costs or losses incurred by us associated with any of the processes described in this clause shall be borne by you.
- Austin Labs may refuse to store any goods or may return to you any goods, at your cost, at any time, if we reasonably believe that the storage or continued storage of such goods would represent a risk to the safety of any person, the security of the storage facilities, or any other goods stored at the storage facilities.
5. Pricing & Billing
- Our full price list is published here: www.mystorage.vn/pricing
- Your billing cycle will begin on the day we pick up your boxes/items.
- Each booking comes with free storage boxes upon request, depending on the booked space size. Additional storage boxes can be purchased at 800,000 VND per box
- Every plan includes 30 minutes of free onsite moving service for your initial pick-up trip. Additional labor is charged at 150,000 VND per 30 minutes per mover of onsite moving.
- The charge for a partial return is 250,000 VND.
- For items that require assembling or dismantling during the moving process, a fee of 800,000 VND per cubic meter will be charged.
- Any parking fees incurred during loading or offloading at customer’s carpark or premises may be charged to the customer.
- Stairs policy: The first 3 levels are free. If the apartment has more than 3 levels and there is no elevator, the customer will be charged 50,000 VND per level per box/item under 25kg and 100,000 VND per level, per box/item above 25kg or any large type of item.
6. Deliveries and Collections
- You are required to ensure that Austin Labs or its carrier have reasonable access and parking facilities to your premises in order for us to carry out the deliveries to you. You are responsible to ensure that goods are available for collection on an easily accessible ground floor or within easy access by an elevator. Where deliveries require our staff to carry items up or down stairs, there will be separate charges for such services as depicted under “Pricing” and it is your responsibility to ask about these charges in advance.
- You shall ensure that the goods have been securely packed into boxes or are otherwise suitably prepared for transport so as not to cause damage or injury or the likelihood of damage or injury to Austin Labs’ property, employees, agents, contractors or other goods, whether by spreading of damp, infestation, leakage, escape of fumes or substances or otherwise.
- You shall inform Austin Labs within 24 hours of any damage to the goods or your property that occurred during delivery. If the condition is not met, we reserve the right to refute your claim.
- When requesting a delivery, you are required to make an appointment and it is your responsibility to ensure that you or someone you have authorized is present at the address you have provided to receive or collect the boxes and/or goods at the scheduled time-slot. You should notify Austin Labs of any changes regarding your orders by 3PM the day before delivery.
- Any rescheduling and cancellation of appointment made after the above cut-off times will be subject to a charge of 250,000 VND.
- If someone fails to show up at the delivery appointment, it will be considered a failed delivery and be subject to a charge of 250,000 VND.
- We shall not be held liable for any cancellations or deliveries, including but not limited to misallocation of our delivery resources, schedule conflicts, any adverse weather conditions, bad weather warnings, traffic conditions, any event within or outside our control, or as a result of force majeure.
- The tubs which are provided to you for packing goods are entrusted to be stored by us only. It is your responsibility to schedule a pick-up appointment of the boxes within 7 days from the date of initial drop-off appointment you made. When we come to pick up boxes from you, you must return to us all the boxes that we previously delivered to you. In the event that any boxes are missing, or you wish to keep empty boxes, you will be charged a fee of 800,000 VND per box.
- If the waiting time is more than 30 minutes for any boxes and items collection trip, we reserve the right to reschedule for another collection trip and charge you a fee of 250,000 VND for the failed collection trip.
- Deliveries require 48 hour’s notice and are subject to the availability of our time slots.
You must not:
- use the services in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect;
- sub-license or re-sell any of the services to a third party nor represent us in any way for any reason whatsoever without our prior written consent;
- attempt to interfere with or disrupt the services or the website or any server or network used by or connected to the website or to gain unauthorized access to any such server or network.
8. Payments and Charges
- You shall pay rent monthly to Austin Labs. Monthly rent must be paid in advance the day after we pick up your items, and monthly thereafter. Monthly rent must be paid in full, without any deductions, without prior notice or prompting from us.
- All applicable charges are those specified on the website at the time of booking or as specified in this agreement
- All applicable charges are subject to change at our discretion and will take immediate effect.
- We may require you to enter your credit card information in order to make use of our services. Your credit card information may be used to bill all future charges automatically.
- Charges for first month’s storage will be billed on the start of the billing cycle. The start of the billing cycle is the day we pick up your packed boxes and /or goods.
- Charges for subsequent months’ storage will be billed monthly in advance at the beginning each billing cycle.
- Charges for returning the goods to you will be billed in full on the date of your scheduled delivery.
- If you need to modify your payment method or credit card information, please call +84.961.733.342 or send an email to email@example.com. The request will be processed within 7 days.
- Austin Labs may charge a one-off penalty of 250,000 VND in the event that you block payment to us when we are not at fault.
- In the event that you do not promptly pay all charges or payments due to us, we are relieved of any duty howsoever arising in respect of the goods and we shall exercise lien over the goods until the outstanding charges or payments have been fully settled and received by us. Under such situation, you authorize us to withhold the goods and you authorize us access to inspect the goods.
- If you fail to arrange payment for any amounts payable to us by the due date and after a grace period of 15 days, we will charge a late payment fee of 250,000 VND to be levied every 15th date past due onward, up to 90 days past due.
- If you fail to arrange payment for any amounts payable to us within 90 days past due date, we reserve the right to withhold your goods stored with us for sale or auction. We will also charge a Lien Sale/Auction Fee of 500,000 VND if applicable. Proceeds from the sale or auction will be used to settle all outstanding charges and payments including administrative 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.
- If the sale of the goods as stipulated above cannot cover all charges and payments due to us by you, you are obliged to settle any outstanding balance due to us within 7 days. If this is not settled within 7 days we may administer a debt collection agency to recover all amounts due and all costs incurred as a result of this process shall be borne by you.
- We may sell the goods by any means reasonably available to achieve a reasonable market selling price, taking into account the cost of sale. If, for whatever reason the goods cannot be reasonably or economically sold, we are authorized to treat them as abandoned and dispose of or otherwise destroy them. All costs of sale or disposal shall be borne by you.
9. Promotional Codes
- Promotional codes must be entered at checkout on your first order.
- Offers are not resalable or transferrable.
- Offers are not redeemable for cash or refundable.
- Other fees and charges may apply.
- Promotional codes cannot be used in conjunction with any other promotions or discounts.
- Promotional codes are a limited time offer.
- Any violation of offer terms will render the offer invalid.
- Fire, lightning, explosion, earthquake
- Aircraft or articles dropped therefrom
- Storm, flood, bursting or leaking pipes
- Ingress of water or other liquid substance
- Moth, insect or vermin from an external cause
- Theft accompanied by forcible and violent entry to or exit from the building or unit
- Riot, strike, civil commotion or malicious damage
- Impact by vehicle or railway rolling stock
- Impact by vehicle and collision or overturning of the conveying vehicle/trailer
- Terrorist attack, war or military action
- Loss or damage resulting from unknown causes
- Ensuing or indirect losses resulting from or as a consequence of claims made for loss or damage
- Nuclear reaction, radiation or radioactive, biological or chemical contamination
- Loss of data records other than the cost of blank data carrying materials
- Loss from theft without forcible and violent signs of entry into a securely locked space
- Loss or damage to property directly resulting from flood, water seeping from outside the premises, action of the sea or waves or tidal wave
- Flood means the covering of normally dry land by water that has escaped or been released from the normal confines of: (i) any lake, or any river, creek or other natural watercourse, whether or not altered or modified or (ii) any reservoir, canal, or dam
- Money, coins, bullion, deeds, bonds, securities and the like
- Jewelry, watches, precious stones and stamps of all kinds exceeding 1,000,000 VND in value;
- Furs, fine arts, mobile phones, perfumery, tobacco, cigars, cigarettes, beers, wines, spirits and the like, exceeding 1,000,000 VND in value
- Electronic items exceeding 1,000,000 VND in value. Electronic items are defined as all items of consumer and commercial electrical appliances and instruments including but not limited to radios, televisions, computers, computer software, hard drives, chips, microchips, printed circuit boards and their components, modems, monitors, cameras, facsimile machines, photocopies, hi-fi’s, stereos, CD players, digital recorders/players, switchgear, turbines, generators and the like
- Perishable items, livestock, plants, explosives and flammables
- Fragile items, such as glassware, ceramics, porcelain, crockery or any items that are easily damaged
- Mold and mildew
11. Limitation of Liability
- Austin Labs shall not in any event be held liable or responsible for any damage or loss to the goods beyond what’s covered in our insurance policy.
- You acknowledge that we are not aware of the value of the goods stored with us. You are responsible to arrange appropriate insurance for your goods.
- You acknowledge and agree that use of our website and any of our services is entirely at your own risk. We shall not be held liable or responsible in any way for any direct or indirect damages of any sort as a result of using our website or misinterpreting its content.
- You are responsible to inspect any items returned to you from us for any loss or damage. If you believe there has been loss or damage to items, you are required to notify Austin Labs within 24 hours of the delivery. We reserve the right to inspect the boxes, items and goods and take pictures or provide proof of any alleged damage or loss before an insurance claim can be made.
- It is your responsibility to ensure that goods are properly and carefully packed with enough protection as would be reasonably required for storage. We shall not be held liable for any loss, mis-delivery of and damage to any items as a result of insufficient or improper packing or protection; any deterioration of goods which may happen over time; fragility of items that you have decided to store; any defects of goods or any forfeiture or seizure of goods for legal reasons.
- In any event, our total liability in respect to every item, box and goods, whether in the case of an insurance claim or not, shall not exceed the lower of (i) the cost of the lost or damaged goods; (ii) the current replacement cost of the goods at the date of the claim; or (iii) the maximum 1,000,000 VND insurance cover for the applicable item, box and/or goods. In the event of a claim, we are entitled to proof of the alleged loss or damage and the replacement or initial cost of the lost or damaged goods.
- In the event of a claim, Austin Labs shall be entitled to require proof of the cost price and the current replacement cost of the contents of the box and/or the stored goods.
- Notwithstanding the above, no terms within this agreement will affect or restrict any of your statutory rights.
- You may terminate this agreement at any time by requesting the return of your goods stored with Austin Labs and settling all outstanding charges due to us.
- Austin Labs may terminate this agreement for any reason by giving you not less than 30 days written notice. In these circumstances, we will refund any pre-paid monthly fees and arrange for delivery of your items back to you at our expense.
- We may terminate this agreement at any time and with immediate effect by providing written notice to you, if
- You fail to pay any amount due by the due date
- You are in breach of any terms of this agreement.
- Upon termination you must ensure that you contact us to arrange the return of your goods at your cost and such return must be arranged within 15 days from the date of notification. If, for any reason, within 15 days following the termination of this agreement, you have not arranged the return of your items we may dispose of them in accordance with Article 7.
13. Intellectual Property Rights
- We retain ownership of all intellectual property rights of any kind related to our website and services, including all applicable copyrights, patents, trademarks and other property rights, save for those which may relate to third parties that we may mention on our website or work with in providing the services.
- Limited, non-exclusive, non-licensable and non-transferable use of limited content for personal use is permitted, however must not be used for commercial purposes.
15. Sub-contracting and Assignment
- Austin Labs may at any time sub-contract, assign or transfer any or all of its rights and obligations under this Agreement to any third party or agent without your content.
- The sub-contracting, assignment, transfer or sub-licensing of any of your obligations under this agreement, whether or not for commercial gain, is expressly prohibited.
- This agreement shall be binding on your personal representatives and successors.
You agree to indemnify, defend and hold us, our employees, agents, suppliers and directors harmless on demand, from and against all claims, liability, damages, costs, expenses, losses and legal fees arising out of any breach of the Agreement by you. This clause also applies to any other liabilities arising out of your use of our website or services or by any other person accessing our website or services under your account.
- Any notices given by you to us must be in writing by email to firstname.lastname@example.org.
- A notice shall be deemed to have been served from the time the email was sent by the sender, 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.
- Austin Labs provides the website on an ‘as is’ and ‘as available’ basis with all faults. Austin Labs does not warrant that use of the website will be error-free or uninterrupted or that any defects will be corrected.
- Austin Labs will provide the services with reasonable care and skill and substantially as described in this agreement. Austin Labs does not make any other promises or warranties about the services.
19. Governing Law and Language
- This agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Vietnam.
- In the event of any inconsistency between the Vietnamese and the English version, the English version shall prevail.
- We reserve the right to amend the terms and conditions within this agreement from time to time and it is your responsibility to review these terms and conditions on each occasion you procure services from us. The latest version of this agreement will always be accessible at www.thelock.vn. Your continued use of our services will be deemed to represent your continued acceptance to the latest version of this agreement. If you do not agree with any changes to this agreement, you may terminate this agreement.
- In case of any disputes, Austin Labs reserves the right to make the final decision.
- The failure by you or Austin Labs to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.
- All provisions of this agreement apply equally to and are for the benefit of Austin Labs, its subsidiaries, any holding companies of Austin Labs, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
- If any provision of this agreement shall be found by any court or arbitration or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect. If any provision of this agreement is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be reasonably necessary to make it valid and which reflect(s) the intention of the parties.
- In any event, all provisions of this agreement that by their nature could reasonably survive termination, including but not limited to, ownership provisions, warranty disclaimers and limitations of liability, shall survive termination. In the event you use the website or services again, the provisions of the terms and conditions that then apply will govern your re-use of the website or services. In the event you use services bought under this agreement, then those provisions applicable to services will survive termination of this agreement.
- Each party shall keep any and all information disclosed between the parties to this agreement in strict confidence. This clause shall survive the termination of this agreement.
- We always welcome your feedback which can be sent to us by email to email@example.com.