Last Updated: April 23, 2023
These Payments Terms of Service (“Payments Terms”) are a binding legal agreement between you and StowHere! that governs the Payment Services (defined below) conducted through or in connection with the StowHere! Platform. When these Payments Terms mention “StowHere!,” “we,” “us,” or “our,” it refers to the StowHere! company you are contracting with for Payment Services.
StowHere! provides payment services to Members publishing, offering, and booking Storage Space(s), and/or Work Bay(s), and other current and future services provided via the StowHere! Platform. These payment services may include (if available) the following (collectively, “Payment Services”):
To use the Payment Services, you must be at least 18 years old, and must have a StowHere! account in good standing in accordance with the StowHere! Terms and Conditions (“Terms”) and must keep your payment and personal information accurate and complete.
If you change your country of residence, the StowHere! company you contract with and the applicable version of the Payment Terms will be determined by your new country of residence from the date on which your country of residence changes. Please note, however, that the StowHere! company with whom you contract will stay the same for all bookings made prior to your change of residence.
1. Your use of the Payment Services
1.1 StowHere! Payment Services. By using the Payments Services, you agree to comply with these Payments Terms. StowHere! may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. StowHere! may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. StowHere! will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. StowHere! is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by StowHere! of those Third-Party Services.
1.3 Your StowHere! Account. StowHere! may enable features that allow you to authorize other Members or third parties to take certain actions that affect your StowHere! account. You may authorize a third party to use your StowHere! account if the feature is enabled for your StowHere! account. You acknowledge and agree that anyone you authorize to use your StowHere! account may use the Payment Services on your behalf, and you will be responsible for any payments made by such person.
1.4 Verification. You authorize StowHere!, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). StowHere! reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to or require you to accept additional terms and conditions. If there is a conflict between these Payment Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2. Renter Terms
2.1 Adding a Payment Method. When you add a Payment Method to your StowHere! account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to StowHere! or its third-party payment processor(s). You authorize StowHere! and its payment service providers to collect and store your Payment Method information.
2.2 Payment Authorization. You allow StowHere! to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your StowHere! account.
2.5 Timing of Payment. StowHere! generally charges the Total Price due after the Owner accepts your booking request. StowHere! may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the StowHere! Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If StowHere! is unable to collect the Total Price due, as scheduled, StowHere! will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
2.6 Booking Request Status. If a requested booking is declined either because it is not accepted by the Owner or you cancel the booking request before it is accepted by the Owner, any amounts collected by StowHere! will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
2.7 Payment Restrictions. StowHere! reserves the right to decline or limit payments that we believe (i) may violate StowHere! risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, StowHere!, or others to risks unacceptable to StowHere!.
2.10 Your Payment Method, Your Responsibility. StowHere! is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
2.11 Recurring Payments
For certain bookings (such as for Rental bookings of sixty (60) days or more), StowHere! may require a Renter to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the StowHere! Platform if applicable to a booking. If Recurring Payments apply to a confirmed booking, then the Renter authorizes StowHere! to collect the Total Price due. Renters may stop a Recurring Payment by notifying StowHere! orally or in writing at least three (3) business days before the scheduled date of the payment. StowHere! may require you to give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within those fourteen (14) days, StowHere! is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact StowHere!.
3. Owner Terms
3.1 Payment Collection. StowHere! generally collects the Total Price of a booking at the time the Renter’s booking request is accepted by the Owner, unless noted otherwise.
3.3 Timing of Payout
3.3.1 Subject to and conditional upon successful receipt of the payments from Renter, StowHere! will generally initiate Payouts to your selected Payout Method for Storage Space or a Work Bay within 24 hours after the Renter’s payment has been processed. For Rental bookings of sixty (60) days or more, StowHere! will generally initiate payouts 24 hours after the Renter’s subsequent payments have been processed.
3.4 Payout. Your Payout for a booking will be the Total Price less applicable fees like StowHere! service fees, commissions, and applicable taxes. In the event of cancellation of a confirmed booking, StowHere! will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. StowHere! may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, StowHere! may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Limits on Payouts. For compliance or operational reasons, StowHere! may limit the amount of a Payout. If you are due an amount above that limit, StowHere! may make a series of Payouts (potentially over multiple days) to provide your full Payout amount.
3.7 Handling of Funds. StowHere! may combine amounts that it collects from Renters and invest them as permitted under applicable laws. StowHere! will retain any interest it earns on those investments.
3.8 Your Payout Method, Your Responsibility. StowHere! is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
4. Appointment of StowHere! as Limited Payment Collection Agent
4.1 Appointment. Each Owner, including each Owner Team member, hereby appoints StowHere! as the Owner’s payment collection agent solely for the limited purpose of accepting and processing funds from Renters purchasing Owner Services on the Owner’s behalf.
4.2 Renter Payment. A Owner, agrees that payment made by a Renter through StowHere!, shall be considered the same as a payment made directly to the Owner, and the Owner will provide the Rental Service booked by the Renter in the agreed-upon manner as if the Owner has received the payment directly from the Renter. Each Owner agrees that StowHere! may refund the Renter in accordance with the Terms. Each Owner understands that StowHere! obligation to pay the Owner is subject to and conditional upon successful receipt of the associated payments from Renter. StowHere! guarantees payments to a Owner only for such amounts that have been successfully received by StowHere! from Renters in accordance with these Payments Terms. In accepting an appointment as the limited payment collection agent of the Owner, StowHere! assumes no liability for any acts or omissions of the Owner.
4.3 Agreement of Recourse. Each Renter acknowledges and agrees that, notwithstanding the fact that StowHere! is not a party to the agreement between you and the Owner, and that StowHere! acts as each Owner’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Owner. Upon a Renter’s payment of the funds to StowHere!, the Renter’s payment obligation to the Owner for the agreed-upon amount is extinguished, and StowHere! is responsible for remitting the funds successfully received by StowHere! to the Owner in the manner described in these Payments Terms. In the event that StowHere! does not remit any such amounts, the Owner will have recourse only against StowHere! and not the Renter directly.
5. General Terms
5.1 Fees. StowHere! may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the StowHere! Platform.
5.2 Payment Authorizations. You authorize StowHere! to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your StowHere! account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize StowHere! to collect from you:
- Any amount due to StowHere! (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Renter, Owner or user of the StowHere! Platform), including reimbursement for costs prepaid by StowHere!. Any funds collected by StowHere! will set off the amount owed by you to StowHere! and extinguish your obligation to us.
- Any amount due to a Owner from a Renter which StowHere! collects as the Owner’s payment collection agent as further set out in Section 4 above.
- Taxes, where applicable and as set out in the Terms.
- Any amount you pay through the Resolution Process in connection with your StowHere! account.
- Any Damage Claim amounts owed to StowHere! or in accordance with the Terms and Section 6.
- Any costs associated to the removal or disposal of Renter’s property and/or costs of cleaning to restore the Storage Space to its original condition.
- Failure to vacate penalties payable under the Terms, including any cost and expenses incurred in collecting the overstay penalty.
- Any service fees or cancellation fees imposed pursuant to the Terms(e.g., if, as a Owner, you cancel a confirmed booking).
- Any amounts already paid to you as a Owner despite a Renter canceling a confirmed booking or StowHere! deciding that it is necessary to cancel a booking in accordance with the Terms, rebooking, and refund policy. You agree that in the event you have already been paid, StowHere! will be entitled to recover the amount of any such Renter refund from you, including by subtracting such refund amount from any future Payouts due to you.
If you owe an amount at any time after a booking, such as with a Recurring Payment charges, resolution process or Damage Claims (“Additional Amounts”), you hereby authorize and grant StowHere! a mandate to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. StowHere! will notify you in writing before any Additional Amounts are charged.
If your Payment Method associated with the relevant booking is expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts and StowHere! may charge the Payment Method related to your booking again or use any other Payment Method on file associated with your StowHere! account, if available, to collect such Additional Amounts. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you.
If StowHere! has reason to believe that you as a Owner participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and StowHere! released the payout for such stay, we may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, within ten (5) days of the due date, you shall be charged $10 for each failed payment attempt. Further, you may be charged additional fees that are incidental to StowHere! collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third-party charges.
Interest will accrue for unsettled Additional Amounts at a rate of 18% per annum until paid in full (1.5% per month).
5.3.1 If StowHere! is unable to collect any amounts you owe under these Payments Terms, StowHere! may engage in collection efforts to recover such amounts from you.
5.3.2 StowHere! will deem any owed amounts overdue when: (a) for authorized charges, ninety (90) days have elapsed after StowHere! first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Owner’s future Payouts, one hundred and eighty (180) days have elapsed after the adjustment is made to the Owner’s StowHere! account or the associated services have been provided, whichever is later.
5.3.3 StowHere! will deem any overdue amounts not collected to be in default when one hundred and eighty (180) days have elapsed: (a) for authorized charges, after StowHere! first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Owner’s future Payouts, after the adjustment is made to the Owner’s StowHere! account or the associated services have been provided, whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to StowHere! and/or StowHere! by you. Such communications may be made by StowHere!, StowHere!, or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1 StowHere! will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you so that you end up receiving or paying the correct amount. This may be performed by StowHere! or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off, and/or debiting the amount of such funds from any future Payouts owed to you. To the extent you receive any funds in error, you agree to immediately return such funds to StowHere!.
Any refunds or credits due to a Member pursuant to the Terms will be initiated and remitted by StowHere! in accordance with these Payments Terms. StowHere! will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, StowHere! will initiate and process the refund as soon as is practicable.
6. Damage Claims and Security Deposits
If you as a Renter agree to pay the Owner in connection with a Damage Claim, or StowHere! determines that you are responsible for damaging any real or personal property at a Listing pursuant to the Terms, you authorize StowHere! to charge the Payment Method used to make the booking in order to collect any security deposit associated with the Listing, as well as any fees, costs and/or expenses associated with the Damage Claim. If StowHere! is unable to collect from the Payment Method used to make the booking, you agree that StowHere! may charge any other Payment Method on file in your StowHere! account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)). You agree that StowHere! may seek to recover from you under any insurance policies you maintain and that StowHere! may also pursue against you any remedies it may have available, including, but not limited to, in relation to any payment requests made by Owners.
7. Abandoned Property
If StowHere! holds funds due to you (e.g., because we are unable to issue you a Payout or refund), we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.
8. Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations;
- breach or circumvent any agreements with third parties, third-party rights, or the Terms, Additional Legal Terms, Policies, or Standards;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your StowHere! account that is not yours or you do not have authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by StowHere! or any of StowHere!’s providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You may not use or assist others to use the StowHere! to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Rental Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
9. Force Majeure
StowHere! shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of StowHere!, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
10.1 If you choose to use the StowHere!, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
10.2 Notwithstanding StowHere!’ appointment as the limited payment collection agent of Owners pursuant to Section 4, StowHere! explicitly disclaims all liability for any act or omission of any Member or other third party. StowHere! does not have any duties or obligations as agent for each Owner except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
10.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
10.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your StowHere! account in any way, you are responsible for the actions taken by that person. Neither StowHere! nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not StowHere! has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will StowHere!’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the StowHere! Platform as a Renter in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Owner, the amounts paid by StowHere! to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between StowHere! and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at StowHere!’ option), indemnify, and hold StowHere! and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.
13. Modification, Term, Termination, and other Measures
13.1 Modification. Except as otherwise required by applicable law, StowHere! may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the StowHere! Platform and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
13.2 Term. This agreement between you and StowHere! reflected by these Payment Terms is effective when you create an StowHere! account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.
13.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your StowHere! account. Terminating this agreement will also serve as notice to cancel your StowHere! account pursuant to the Terms. Without limiting our rights specified below, StowHere! may terminate this agreement for convenience at any time by giving you thirty (30) days notice via email to your registered email address. StowHere! may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) StowHere! believes in good faith that such action is reasonably necessary to protect other Members, StowHere!, or third parties.
13.4 Suspension and Other Measures. StowHere! may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if StowHere! believes in good faith that such action is reasonably necessary to protect the personal safety or property of StowHere!, its Members, StowHere!, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method
13.5 Appeal. If StowHere! takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service.
13.6 Effect of Termination. If you cancel your StowHere! account as a Owner or StowHere! takes any of the measures described above, StowHere! may provide a full refund to any Renters with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your StowHere! account as a Renter, StowHere! will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new StowHere! account or attempt to access and use the Payment Services through an StowHere! account of another Member.
13.7 Survival. Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement.
14. Dispute Resolution & Arbitration
These Payments Terms will be interpreted in accordance with the laws of the State of Texas, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 14.1 must be brought in state or federal court in Austin, Texas, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Austin, Texas.
14.1 Overview of Dispute Resolution Process. StowHere! is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payment Terms provide for a two-part process for individuals to whom this applies: (1) an informal negotiation directly with StowHere!’s customer service team (described in paragraph 14.2, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and StowHere! each retain the right to seek relief in small claims court as an alternative to arbitration
14.2 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and StowHere! each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to StowHere!. StowHere! will send its notice of dispute to the email address associated with your StowHere! account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
14.3 Agreement to Arbitrate. You and StowHere! mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and StowHere! agree that the arbitrator will decide that issue.
14.4 Exceptions to Arbitration Agreement. You and StowHere! each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 14): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (ii) a request for the remedy of public injunctive relief. You and StowHere! agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
14.5 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
14.6 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, StowHere! agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S county where you reside; (b) in Travis County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
14.7 Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, StowHere! will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith, or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
14.8 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
14.9 Jury Trial Waiver. You and StowHere! acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
14.10 No Class Actions or Representative Proceedings. You and StowHere! acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action, or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action, or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action, or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
14.11 Severability. Except as provided in Section 14.9, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.
14.12 Changes to Agreement to Arbitrate. If StowHere! changes this Section 14 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and StowHere! (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and StowHere!.
14.13 Survival. Except as provided in Section 14.11 and subject to Section 13.7, this Section 14 will survive any termination of these Payment Terms and will continue to apply even if you stop using the Payment Services or terminate your StowHere! account.
15.1 Interpreting these Payment Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between StowHere! and you regarding the subject matter hereof and supersede any and all prior oral or written understandings or agreements between StowHere! and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
15.2 No Waiver. StowHere! failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
15.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without StowHere!’ prior written consent. StowHere! may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice.
15.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by StowHere! via email or StowHere! Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which StowHere! transmits the notice.
16. Additional Clauses for Users that are Businesses
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
16.1 You accept the Payment Terms, and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
16.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
16.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
16.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with StowHere! for Work, as permitted by your account, you authorize StowHere! to charge your Payment Method for reservations requested by employees at your company or other permitted third-party.
16.5 For any Payout Method linked to your StowHere! account, you authorize StowHere! to store the Payout Method, remit payments using the Payout Method for bookings associated with your StowHere! account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
16.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see
https://www.visa.com/cisp and https://www.mastercard.com/sdp.
StowHere! will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.