Xtended Space Technology Private Limited, (hereafter referred to as “Xtended Space”, “we”, “us”, or “our”) provides an online platform that connects Hosts who rent Space to Renters (collectively, the “Services”). The terms “Service” or “Services” refer to any services we offer, including all Xtended space web applications, mobile applications, and other software, helpdesk services, beta versions, and the web site accessible at www.xtendedspace.com and its associated content (collectively, the “Site”) as well as any and all marketing channels where Collective Content may be disseminated in Xtended Space’s sole discretion. The terms “you” or “your” refer to the users of the Xtended Space Service.
The terms “Host” or “Hosting” refer to the person engaged in the act of storing or agreeing to store the Stored Items, and the act of storing or agreeing to store the Stored Items, respectively, in accordance with these Terms and any separate rental agreement entered into between Hosts and Renters, if any. The terms “Renter” or “Renting” refer to the person engaging in a temporary lease of the Host’s Space, and the act of engaging in a temporary lease of the Host’s Space, respectively, in accordance with the terms of the rental agreement as described herein.
The term “Space” refers to the area of the Host’s property rented or offered for rental by a Host.
The term “Listing” refers to the searchable description advertising the Host’s space as found on this Site or the Services.
The term “Stored Items” refer to the property or goods of the Renter that are stored in the Host’s Space.
The term “Booking” refers to a confirmed transaction between Host and Renter whereby Renter stores its Property in a Host’s Space.
“Member” means a person who completes Xtended Space’s account registration process, including, but not limited to Hosts and Renters, as described under “Account Registration” below.
“Xtended Space Content” means all Content that Xtended Space makes available through the Site including any Content licensed from a third party but excluding Member Content. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site. Member Content may include user profiles and biographical information. “Collective Content” means Member Content and Xtended Space Content. “Content” means text, graphics, images, software, audio, video, information or other materials.
Xtended Space makes available a platform or marketplace with related technology for Renters and Hosts to meet online and arrange for Bookings of storage including, but not limited to, unused/party used rooms , basements, garages, closets, sheds, storage units, parking spaces or any other Space. Xtended Space is not an owner or operator of properties, nor is it a real estate broker. Xtended Space does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties.
Xtended Space’s responsibilities are limited to: (i) facilitating the availability of the Site, Services and its platform, and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Renters on behalf of the Host and, in limited circumstances, to assist in remedying a Renter's Default.
By using the Site or Services you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a Member, or other registered user of the Services. These Terms govern your access to and use of the Site and Collective Content (defined below), which constitute a binding legal agreement between you and Xtended Space and a Renter and Host. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services, Site or Collective Content. Unauthorized or improper use of the Services or a violation of the Terms set forth herein may result in you being banned from the site and any use of the Services, Site and Xtended Space’s platform or other service and may subject you to civil liability and/or criminal penalties.
YOU UNDERSTAND AND AGREE THAT XTENDED SPACE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND RENTERS, NOR XTENDED SPACE IS A REAL ESTATE BROKER, REAL ESTATE AGENT, INSURER, OR ESCROW AGENT. XTENDED SPACE HAS NO CONTROL OVER THE CONDUCT OF HOSTS, RENTERS OR OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ANY AND ALL LIABILITY. ANY AGREEMENT BETWEEN HOSTS AND RENTERS IS BETWEEN THEM ALONE, AND XTENDED SPACE WILL NOT BE A PARTY TO ANY SUCH AGREEMENT. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE TO BECOME FAMILIAR WITH AND ABIDE BY ANY LAW OR OTHER REGULATION THAT RELATES TO THE STORAGE OF CONTENTS (“APPLICABLE LAW”). XTENDED SPACE DOES NOT ADVISE ON ISSUES RELATED TO APPLICABLE LAW.
THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF SPACE. XTENDED SPACE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING NOR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACE.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, OR BY REFERRING OTHERS, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE, APP, OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE SERVICES, OR COLLECTIVE CONTENT. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY, AND ITS SUCCESSORS AND ASSIGNORS.
PLEASE NOTE THAT BY ACCESSING THE SITE, UTILIZING THE SERVICES, AND COMPLETING ANY BOOKING FOR A LISTING TO PLACE STORED ITEMS IN A SPACE, YOU ARE CONSENTING TO THE CREATION OF A LIEN AS DESCRIBED BELOW.
You may view Listings as an unregistered visitor to the Site; however, if you wish to book a Space or create a Listing, you must first become a Member by registering to create a Xtended Space Account (defined below). Both unregistered visitors and Members agree to be bound by all of the terms and conditions set forth herein.
The Site is intended solely for persons who are 18 years of age or older. Any access to or use of the Site or Services by anyone under 18 years of age is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 years of age or older.
Xtended Space is, at its core, an open community dedicated to connecting people to improve storage accessibility. Xtended Space welcomes and services an incredibly diverse community, drawing together individuals of different cultures, values, and norms. To remain a Member, you are required to comply with all Applicable Laws, whether federal, state, or local, including those relating to diversity and non-discrimination. In addition, Members must comply with the following requirements:
1. Account Registration: In order to book a Space or create a Listing on the Site, Services or the Xtended Space platform, you must register to create an account (“Xtended Space Account”) and become a Member. You may register to use the Services directly via the Site as described in this section or via direct email invitation.
As part of the functionality of the Site and Services, you may link your Xtended Space Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Xtended Space through the Site or Services; or (ii) allowing Xtended Space to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Xtended Space and/or grant Xtended Space access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Xtended Space to pay any fees or making Xtended Space subject to any usage limitations imposed by such third party service providers. By granting Xtended Space access to any Third Party Accounts, you understand that Xtended Space will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account so that it is available on and through the Site and Services via your Xtended Space Account and Xtended Space Account profile page. Unless otherwise specified in these Terms, all the Content, if any, will be considered to be Member Content for all purposes of these Terms.
YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Xtended Space makes no effort to review any Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Xtended Space is not responsible for any Content.
We will create your Xtended Space Account and your Xtended Space Account profile page for your use of the Site and Services based upon the personal information you provide to us or that we obtain via a Third Party Account as described above. You may not have more than one (1) active Xtended Space Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Xtended Space reserves the right to suspend or terminate your Xtended Space Account and your access to the Site and Services without cause or notice. Some possible reasons for termination include but are not limited to: (1) if you create more than one Xtended Space Account; (2) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and (3) breach of these Terms. Termination of an account may result in forfeiture and destruction of all information associated with such account. All provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, limitations of liability, and indemnity.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Xtended Space Account, whether or not you have authorized such activities or actions. You will immediately notify Xtended Space of any unauthorized use of your Xtended Space Account by emailing [email protected]
2. Renter Information: It is the Host’s sole right to check the Renter’s background, credit history and/or criminal history and refuse to rent to Renter, or terminate Renter’s Booking of the Host’s Space, as the case may be, upon receipt of such information. Xtended Space reserves the right, but has no obligation, to perform these same background, criminal history or credit checks but will not take responsibility for them and you hereby release and hold Xtended Space harmless from any and all liability resulting from Host’s performance or failure to perform, such checks, or from Hosts actions upon receiving background information on Renter. You hereby expressly agree to Xtended Space’s use of a third-party service to perform a reasonable background check, in Xtended Space’s discretion, for the purposes of these Terms and your use of the Site and Services.
XTENDED SPACE RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DENY ANY HOST OR RENTER SERVICE BASED ON THE RESULTS OF A BACKGROUND CHECK.
3. Change of Information: Renter and Host agrees to immediately notify Xtended Space the changes in email address, mailing address, phone number or other contact information. A change of address will not be effective unless the new address is complete and is reported via the Xtended Space Site.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Space to be listed, including, but not limited to, the location, capacity, size, features, availability of the Space and pricing and related rules and financial terms. In order to be featured in Listings via the Site and/or Services, all Space must have a valid physical address. Listings will be made publicly available via the Site and Services. Other Members will be able to book your Space via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a Booking of your Space, the price for such Booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or Renter’s use of, a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties, (ii) you own, license, or otherwise have all necessary rights to occupy or rent the Space, and (iii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Space included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that Xtended Space assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations.
Xtended Space reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Xtended Space , in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to its community or the Site or Services.
You understand and agree that Xtended Space does not act as an insurer or as a contracting agent for you as a Host. If a Renter requests a Booking of your Space and stores Stored Items in or uses your Space, any agreement you enter into with such Renter is between you and the Renter and Xtended Space is not a party thereto. Notwithstanding the foregoing, Xtended Space serves as the limited authorized agent of the Host for the purpose of accepting payments from Renters on behalf of the Host and is responsible for transmitting such payments to the Host and in limited circumstances to assist Hosts in remedying a Renter's Default.
When you create a Listing, you may also choose to include certain requirements and list prohibited items which must be met by the Members who are eligible to request a Booking of your Space, including, but not limited to, requiring Members to have a profile picture, connected Facebook account or other account or verified phone number or any other information required in order to book your Space. Any Member wishing to book Space included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Hosting” section of the Site and/or Services.
If a Host misrepresents a Space or otherwise provides inaccurate or incomplete information about a Space in a Listing, Xtended Space may, in its sole discretion, determine if and the extent to which the applicable Renter is entitled to a refund and the Host liability with respect to such Listing.
Xtended Space, in its sole discretion, may (i) refuse to pay Host amounts refunded to Renter, (ii) withhold current or future Space Fees, (iii) otherwise charge Host, or (iv) seek all legal remedies against Host for Host's violation of this provision or otherwise of these Terms.
If you are a Host, Xtended Space makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for Booking for your Space. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Space at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Space, if applicable).
If you are a Host and a Booking is requested for your Space via the Site or Services, you will be required to either approve or decline the Booking within 24 hours of when the Booking is requested (as determined by Xtended Space in its sole discretion) or the Booking request will be automatically declined.
When a Booking is requested via the Site or Services, we will share with you (i) the last name of the Renter who has requested the Booking, (ii) a disclosure of the items that the Renter wishes to store, and (iii) the start and end dates of the requested Booking period (as determined by Xtended Space in its sole discretion).
When you confirm a Booking requested by a Renter, Xtended Space will send you an email or text message or other method of notification confirming such Booking, depending on the selections you make via the Site and Services.
The fees displayed in each Listing are comprised of the Space Fees (defined below), the Service Fees (defined below), and the Processing Fees (defined below).
Where applicable, taxes may be charged in addition to the Space Fees, Service Fees, and Processing Fees. The Space Fees, the Service Fees, the Processing Fees and applicable taxes are collectively referred to in these Terms as the “Total Fees”.
The amounts due and payable by a Renter solely relating to a Host’s Space are the “Space Fees”. Please note that it is the Host and not Xtended Space, which determines the Space Fees. Space Fees may also include applicable taxes.
The Host will be responsible for paying the Processing Fees in full. You authorize Xtended Space to deduct a sum from the Space Fees to cover the Processing Fees. You also authorize Xtended Space to deduct a sum from the Space Fee or bill your account in the event of damage or theft of Stored Items as contemplated under “Damage to Stored Items” and “Theft of Stored Items” below, if applicable.
You agree to pay Xtended Space the Total Fees for any Booking requested in connection with your Xtended Space Account if the applicable Host confirms such requested Bookings. In order to establish a Booking pending the applicable Host’s confirmation of your requested Booking, you understand and agree that Xtended Space , on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your payment method for the Total Fees or (ii) charge your payment method a nominal amount, not to exceed INR 1, to verify you.
Once Xtended Space receives confirmation of your Booking from the applicable Host, Xtended Space will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. You also authorize Xtended Space to collect additional fees in the event of damage to the Host’s property or Space or Renter default as contemplated under “Damage to Host’s Property or Space” and “Renter Default” below, if applicable.
Please note that Xtended Space cannot control any fees that may be charged to a Renter by its bank related to Xtended Space’s collection of the Total Fees, and Xtended Space disclaims all liability in this regard.
You agree to disclose the items you wish to store upon requesting a Booking. You further agree to disclose the name and contact information of any person or entity that has a lien or other security interest in the items you wish to store. If you wish to store additional items or remove items after completing a Booking, you agree to disclose those changes via the Site or Services, including changes related to any person or entity holding a lien or other security interest in the Stored Items. You acknowledge and agree that both Xtended Space and the Host are not liable for undisclosed items and you accept liability for any damages caused to the Host’s space or property by any undisclosed items.
In the Listing the Host agrees to provide the times that the Renter may access Stored Items. In some cases, Host may provide Renter with means for unlimited access. Renter must contact Host at least 24 hours in advance to request access unless otherwise specified in written agreement between the Host and Renter. Unless otherwise noted in the Listing, the Host must provide reasonable access to the Space upon request from the Renter and communicate with the Renter in a timely manner.
The Host is not required to transport or otherwise handle the Stored Items. If a Host transports or handles the Stored Items, the Host does so at its own risk. Renters should not leave keys to their vehicle/storage items with the Host. If keys to a Renter’s vehicle are provided to the Host, the Renter does so at its own risk.
At or before the end of the Booking period for the Space, Renter must vacate the Space completely. Renter must remove all contents and debris. Renter must leave the Space in good “broom clean” condition. Renter may be subject to additional costs and fees as detailed in the Collection section below if Renter fails to leave the Space in good condition. Except as otherwise detailed in these Terms, once the Renter has removed all Stored Items and left the Space in the condition required, and its Booking has been canceled, Renter no longer has any right to access or take possession of the Space. The Renter can also avail such services available on Xtended storage via Site or Services.Xtended Space is just a facilitator and not responsible otherwise.
Hosts acknowledge that Space Fees will be directly deposited into their bank accounts, net of Service Fees , Processing Fees and Taxes. Furthermore, Hosts acknowledge that they are required to provide correct bank account information in order to receive payment. and filing any applicable state or parking or storages related taxes or government taxes. Xtended Space is neither responsible nor liable for notifying, collecting or paying any such taxes.
Hosts agree to never insist, ask, or insinuate to a Renter that he or she pay any or all of the Space Fees directly to Host, and Host agrees to never accept payment made directly to Host with a check, cash, or any payment method other than by payment through Xtended Space. Renters also agree to never ask a Host to receive any or all of the Space Fees directly, and Renter agrees to never make payment directly to Host. If a Host or Renter violates this prohibition, Xtended Space may immediately cancel the Host or Renter’s account, they will remain liable for the Space Fees, and they authorize Xtended Space to deduct a sum from the Space Fee or bill their account for INR 3,000 to partially compensate for administrative costs and not as a penalty and such deduction shall not limit Xtended Space from pursuing any other remedy to which it is entitled hereunder or pursuant to Applicable Law. Any dispute and/or litigation between Renters and Hosts regarding direct payments in violation of this section shall be between Hosts and Renters exclusively and shall not name Xtended Space.
Xtended Space charges a fee to Renters based upon a percentage of applicable Space Fees, which are referred to herein as “Service Fees”. The standard Service Fee is set forth in the documentation communicated to Renters at the time they receive a confirmed Booking and may change from time to time after notice to Renters. The Service Fees are added to the Space Fees to calculate the Total Fees. Except as otherwise provided herein, Service Fees are non-refundable.
Processing Fees are to cover the merchant services and direct deposit or other processing charges that Xtended Space uses to process payments.
Xtended Space will collect from Renter the Total Fees at the time of Booking confirmation (i.e. when the Host confirms the Booking within 24 hours of the Booking request). Additional fees may be charged for Renter’s delayed removal of Stored Items. Xtended Space will collect Total Fees and initiate payment of Space Fees net of Processing Fees, taxes to Host at the end of the applicable rental period (i.e., each month). By placing a reservation through the Services, a Renter agrees that all charges processed through this Site are deemed in accordance with these Terms. Notwithstanding the foregoing, Renter may dispute any charges for a period of thirty (30) days after a charge is made. Any such dispute must be in writing. If a Renter does not dispute a charge within thirty (30) days, said Renter waives any argument that a charge was made in error or in violation of these Terms. Renter must clearly and convincingly prove that any disputed charge is in error or otherwise in violation of these Terms. If Xtended Space or a Host continue to challenge a timely disputed charge, a Renter may seek available legal remedies pursuant to the Arbitration section below.
In order to prevent future charges, it is the responsibility of the renter to cancel a reservation. Renters must visit their Rentals page to cancel their Booking.
In addition, the following provisions apply to cancellation by a Renter before start date:
|Cancellation Terms||Rental Refund||Service Fees Refund|
|Within 24 hours of payment by Renter||100%||70%|
|72 hours before Start date||100%||0%|
|24 hours before Start date||70%||0%|
If the renter wants to cancel after start date, following provisions will apply :
|Cancellation Terms||Penalty Charges||Service Fees Refund|
|No Notice or Less than 15 days Notice||Next 30 days rental||0%|
|Short Notice (15-30 days)||Next 15 days rental||0%|
|30 days Notice||0%||0%|
The cancellation request has to be submitted on the portal with date of eviction.
Other Provisions related to Renter’s cancellation and refund are as follows:
Cancellation policy of third party shall apply in case of Packaging ,delivery or any other ancillary services opted.
When hosts receive a reservation request, Host can decline the request or cancel anytime before the start date with following provisions:
|Cancellation Terms||Rental Refund (Renter)||Service Fees Refund||Penalty for Host|
|Within 24 hours of start Date||100%||100%||15 days of rental income|
|72 hours before the start Date||100%||100%||Nil|
|24 hours before the start Date||100%||100%||10 days of rental income|
Hosts who repeatedly cancel Bookings ,avoid paying additional charges,penalties, may result in removal from the Xtended Space Community and suspension of use of the Site and Services.
If the host wants to cancel after Start date, following provisions will apply :
|Cancellation Terms||Penalty charges (Host)|
|No notice or Less than 30 days Notice||30 days of rental income|
|30 days Notice||Nil|
Full tenure Penalty charges on the host and refund of rental along with service charges to the renter.
If the Host proves the negligence or found Renter’s Default, the payment will be forfeited by XtendedSpace and not to be refunded to the renter.
Xtended Space will be at sole discretion to decide the charges ,waiver and party at default.
The cancellation request has to be submitted on the portal with date of eviction.
Renter needs to take custody of goods back on or before the date of eviction, otherwise penalty provisions in case of eviction by renter detailed above will apply.
In case host wants Xtended Space support for eviction of goods, the Host needs to pay Rs 3000 (Apart from above charges).
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Xtended Space cannot and does not offer tax-related advice to any Members of the Site and Services. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings.
Any Renter accessing the Site, utilizing the Services, and completing any Booking for a Listing to place Stored Items in a Space, agrees and consents to the creation of a lien on the Stored Items and any other personal property stored in the Space in favor of Xtended Space and the applicable Host ("Lien"). The Lien attaches to the Stored Items and all personal property stored in the Space the moment you place or otherwise move the Stored Items and said personal property to the Space and stays attached to the Stored Items and all personal property stored at the Space until the Booking is terminated, and Renter has fully paid the Total Fees and any other fees associated with the Booking. You acknowledge that the purpose of this Lien is to secure payment of all debts associated with the Booking and the storage of Stored Items and all personal property in the Space, including but not limited to the Total Fees.
Xtended Space may, in its sole discretion, enforce the Lien by taking any action listed in the Xtended Space's Remedies section below.
Renters and Hosts are solely responsible for the contractual relationship between them, if any, outside of these Terms, and they agree not to involve Xtended Space in any dispute between them, except as these Terms expressly require Xtended Space to be involved.
In addition, they are responsible to provide their own insurance to cover damages that may occur to the Host’s property or to the Stored Items the Renter stores with the Host.
After a formal claim is submitted by the Renter to Xtended Space with a copy of a filed police report, the Host agrees to compensate the Renter for lost or stolen Stored Items, unless a (i) police report is filed and the police determine that there is evidence of forcible or unlawful entry into the Host’s Space; or (ii) the Renter is found to have made unauthorized visits to the Space or unauthorized changes to the Stored Items, resulting in lost or stolen items. Except in the above outlined cases, the Host authorizes Xtended Space to determine the amount to be charged to the Host, if any, except in cases exceeding Ten thousand rupees (INR 10,000) in damages (as determined by Xtended Space ), which will then be determined by professional arbitration (see “Arbitration” below) between the Host and Renter. The Host agrees to pay associated arbitration fees in the event of lost or stolen Stored Items except in the cases outlined above.
Xtended Space does not endorse any Members or any Space. You are responsible for determining the suitability of others who you contact or contact you via the Site and Services. Xtended Space will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Xtended Space with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and/or Services regarding any Bookings or Listings made by you.
RENTER AGREES NOT TO USE THE SPACE FOR ANY UNLAWFUL PURPOSE. THE SPACE IS TO BE USED BY RENTER ONLY FOR STORAGE OF PERSONAL PROPERTY. USE OF THE SPACE FOR ANY PURPOSE OTHER THAN FOR LAWFUL STORAGE OF PERSONAL ITEMS IS EXPRESSLY PROHIBITED. STORAGE OF THE FOLLOWING ITEMS IS EXPRESSLY PROHIBITED (EACH IS A “PROHIBITED ITEM”):
IN ADDITION TO THE ABOVE, SMOKING IN OR AROUND THE SPACE IS EXPRESSLY PROHIBITED. LIVING OR WORKING BY RENTER IN OR AROUND THE SPACE, INCLUDING BUT NOT LIMITED TO, PERFORMING MAINTENANCE OR WORK ON ANY STORED ITEMS (I.E. VEHICLES) IS EXPRESSLY PROHIBITED. RENTERS MAY NOT MAIL ITEMS TO THE RENTED SPACE,OR USE THE RENTED SPACE AS RENTER’S MAILING ADDRESS.
Upon breach, or Host’s reasonable suspicion of breach, of these Terms, the Renter agrees that the Host has the right to immediately terminate the Booking and to ask Renter to remove the Stored Items from the Host’s premises. Host shall provide reasonable notice and opportunity for Renter to cure such breach or otherwise remove such Stored Items. If Renter does not cure its breach or remove such Stored Items upon reasonable notice and opportunity to cure, Host may take all legally permissible actions, in its reasonable discretion, which actions may include, without limitation, forfeiture and disposal of the Stored Items pursuant to applicable law and the provisions of these Terms. Host may also contact law enforcement or other authorities to report illegal activities of Renter. If Host reasonably suspects the storage of items in breach of the above prohibitions, or other illegal activities, the Renter hereby gives permission for authorities to search the Stored Items without a warrant. Renter agrees to release, indemnify, and hold Host and Xtended Space harmless from and against any and all liability arising from or relating to the removal or forfeiture of stored property pursuant to these Terms, or the Renter’s breach, including any allegations or investigations relating thereto. Xtended Space shall forfeit all Space Fees and Service Fees and Processing Fees paid up to the date of termination hereunder.
Renter agrees that the use of the Space is at Renter’s sole risk. Renter agrees that, without limiting any duties of the Host to take reasonable steps to protect Stored Items, Host shall have no liability to Renter or Renter’s invitees for any personal or bodily injury except in the event of Host’s gross negligence or willful misconduct. Renter hereby waives and disclaims any and all claims or causes of action Renter may have against Host, in the event of personal or bodily injury to Renter or Renter’s invitees, except as a result of Host’s gross negligence or willful misconduct.
The Renter, Renter’s employees, agent, family, guests and other invitees agree to comply with Host’s rules and policies and any other rules which are contained in the Listing or otherwise agreed to by Renter. Failure to comply with such rules may result in (i) the Renter being held in Default (as described in the Section “Default by Renter” below) and (ii) the Renter being held liable for damages to the Host’s property or Space.
In addition to the other rights and remedies detailed in these Terms, if Xtended Space determines, in its sole discretion, that a Host has or is reasonably believed to have violated these Terms, Xtended Space may halt or withhold payouts to such Host until such time that (a) Host has cured the default, or (b) it is determined by clear and convincing evidence that Host was not in violation of these Terms.
Xtended Space shall give written notice to a Host of an actual or perceived violation of these Terms ("Violation Notice"). Xtended Space and Host agree to cooperate and work together in good faith to resolve any such dispute for a period of at least sixty (60) days after the Violation Notice ("Dispute Period"). A Host shall not bring any legal proceeding or enforcement of these Terms under the Arbitration section below until the Dispute Period.
Renter will be in “Default” if:
If Renter is in Default, Xtended Space shall take reasonable steps to notify Renter of such Default and provide Renter a reasonable opportunity to cure such Default. If Renter fails to cure such Default, after receiving such notice and opportunity to cure, Xtended Space may, in addition to any other remedies it may have at law or in equity, exercise one or more of the following remedies:
A. Deny Renter access to the Space or Renter’s property until such default is cured;
B. Terminate Renter’s Booking by giving Renter three (3) days’ notice to vacate; and if Renter fails to vacate and Xtended Space files an eviction lawsuit, Renter will pay Xtended Space’s attorneys’ fees and court costs plus a reasonable judicial eviction charge for Xtended Space’s time, inconvenience and overhead for filing the eviction suit;
C. Collect charges as appropriate and exercise any other remedy allowed by law;
D. Enforce any lien, whether such lien is statutory or contractual, including the Lien described herein, held by Host or Xtended Space, by seizure and disposal (including but not limited to a sale) of all Stored Items and any other personal property in the Space. Seizure and disposal (including but not limited to a sale) under this subsection (d) will only be for default in paying sums due to Xtended Space or otherwise due for any Booking.
Xtended Space may accept partial payments but only payments in full, including applicable fees and costs, will stop enforcement of Host's or Xtended Space's lien, including the Lien. If the Stored Items include one or more vehicles, Renter hereby agrees that Host may, pursuant to applicable laws, rules and regulations, (i) sell such vehicle, or (ii) tow such vehicles or have such vehicles towed by a third party chosen in Xtended Space's sole discretion off of Host’s property, if charges have not been paid for a period of 60 consecutive days.
Sale of the Stored Items in the Space may be accomplished using an online storage auction, and Renter waives any claims, statutory or otherwise, arising out of any allegation that the online storage auction was contrary to any statutory or common law provision related to disposition of the Stored Items.
E. Enforce any lien, whether such lien is statutory or contractual, including the Lien described herein, held by Host or Xtended Space by seizure and disposal (including but not limited to a sale) of all Stored Items in the Space, pursuant to these Terms, or applicable laws, rules and regulations, by nonjudicial foreclosure under the Host's local and state codes, when a Renter has failed to comply with notice from Host to vacate the space after 60 days or any other period prescribed by applicable law. If the Stored Items include one or more vehicles, Renter hereby agrees that Host may, pursuant to applicable laws, rules and regulations, (i) sell such vehicle, or (ii) tow such vehicles or have such vehicles towed by a third party chosen in Xtended Space's sole discretion off of Host’s property, if Renter has not vacated the premises after 60 days' notice or any other period prescribed by applicable law. Sale of the Stored Items in the Space may be accomplished using an online storage auction, and Renter waives any claims, statutory or otherwise, arising out of any allegation that the online storage auction was contrary to any statutory or common law provision related to disposition of the Stored Items.
F. After seizure, any attempt to reclaim the seized property by Renter without paying in full the sums due Host, including applicable fees, may result in Host pursuing prosecution for such act.
In the event of a Default by a Renter, the Host may not communicate with the Renter or take any action other than to restrict access to the Space. Host must cooperate with Xtended Space in any eviction, sale, auction, or other proceeding against a Renter and must provide requested information (e.g., photos of the items) to Xtended Space in a timely manner upon request. The Host must also provide access to the Space as requested by Xtended Space for the new owner of any contents that have been auctioned to a third party. If the Host fails to comply with these requirements and the failure continues after notice from Xtended Space , Host shall be responsible for any eviction, and Xtended Space’s obligation with respect to the other things to Host shall be void.
Xtended Space may choose to evict the Renter in cases of “default” as described above in “Default by Renter”. If Xtended Space chooses to evict a Renter, Xtended Space may follow the procedure as outlined in “Xtended Space’s Remedies” above and may charge a Rs 3000 eviction fee once Renter fails to cure.
If Renter fails to make any applicable payment hereunder, or such payment is denied, returned, refunded, charged-back or invalidated, Xtended Space may impose and charge a fee of Rs 2000 for each such failed payment and, in addition to such fee, interest will accrue on all such failed and late amounts at a rate of 18% per annum until paid in full (1.5% per month). Xtended Space may, in its sole discretion and in accordance with applicable law, refer any collection efforts, including efforts resulting from a violation of the Terms, to a third-party collection agency.
In the event of any collection efforts, proceedings or suits related to the collection of any unpaid balance, the Renter further agrees to pay all other (a) costs of collection, (b) costs of removal or disposal of Stored Items, (c) costs of cleaning to restore the Space to its original condition, (d) costs to repair damages made to the Space, (e) court costs and reasonable attorney fees and (f) fees associated with a third-party collection agency, in addition to, the collection fee. The terms of this paragraph shall apply to all amount(s) incurred by Xtended Space .
Renter has provided Xtended Space certain contact information, including, but not limited to a cell phone number and email address. Renter hereby gives its express consent to Xtended Space and its affiliates, agents and service providers to use written, electronic or verbal means to contact Renter. This consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems about current or future services available to Renter. Renter may revoke its consent to Xtended Space to contact Renter by any of the above-described methods or otherwise restrict permissions as provided in this form by contacting Xtended Space by email at [email protected].
YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LAWS, RULES, REGULATIONS, AND TAX OBLIGATIONS THAT MAY APPLY TO YOUR USE OF THE SITE, SERVICES AND CONTENT.
In connection with your use of our Site and Services, you may not and you agree that you will not:
If you rent Space to anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who: (a) engages in offensive, violent or sexually inappropriate behavior, (b) you suspect of stealing from you, or (c) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to Xtended Space by contacting us with your police station and report number at [email protected]; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your Xtended Space Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Xtended Space terminates these Terms, or your access to our Site and Services or deactivates or cancels your Xtended Space Account you will remain liable for all amounts due hereunder. You may cancel your Xtended Space Account at any time by sending an email to [email protected] Please note that if your Xtended Space Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback you have provided to Xtended Space.
IF YOU CHOOSE TO USE THE SITE AND SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT XTENDED SPACE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE AND SERVICES AND ALL CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, XTENDED SPACE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. XTENDED SPACE MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SPACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE BASIS. XTENDED SPACE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SPACE, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM XTENDED SPACE OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR RENTERS. YOU UNDERSTAND THAT XTENDED SPACE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY SPACE. XTENDED SPACE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY XTENDED SPACE. NOTWITHSTANDING XTENDED SPACE’S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE HOSTS, XTENDED SPACE EXPLICITLY DISCLAIMS ALL LIABILITY, OF ANY KIND OR NATURE, FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
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 SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF XTENDED SPACE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER XTENDED SPACE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT XTENDED SPACE 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.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE XTENDED SPACE HOST GUARANTEE, IN NO EVENT WILL XTENDED SPACE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY SPACE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY XTENDED SPACE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($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 XTENDED SPACE 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.
You agree to release, defend, indemnify, and hold Xtended Space 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:
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Xtended Space a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and/or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Xtended Space the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Xtended Space’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Xtended Space is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Xtended Space of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
You and Xtended Space mutually agree and acknowledge that all claims and disputes arising under or relating to these Terms and Conditions, or the breach, termination, enforcement, or interpretation or validity thereof are to be settled by binding arbitration in New Delhi, India , and not in a court of law. Such arbitration will occur only after you and Xtended Space have taken good faith efforts to resolve the dispute and such dispute has failed to be resolved.
YOU AND XTENDED SPACE BOTH WAIVE THE RIGHT TO TRIAL BY JURY IN ALL ARBITRABLE DISPUTES.
You and Xtended Space also both acknowledge and agree that we are each waiving the right to participating as a plaintiff or class member in any purported class action or representative proceeding in all such disputes. Further, unless You and Xtended Space otherwise agree in writing, any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding.
Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in the “Sharing Economy,” and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. The parties shall endeavor to settle any such dispute via good faith negotiation prior to initiating any arbitration proceeding.
Exceptions to this arbitration provision include (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights; or (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Any claim in exception to the above agreement to arbitration shall be brought into judicial proceeding in a court of competent jurisdiction in New Delhi, India.
If any portion of this arbitration provision is found to be unenforceable or unlawful, those unenforceable or unlawful portions shall be severed from these terms. The severance of unenforceable or unlawful portions of this arbitration provision shall not have any impact on the remainder of the arbitration provision, which shall be given full force and effect.
Xtended Space reserves the right, in its sole discretion, to modify the Site or Services or to modify these Terms, including the fees due hereunder at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to be bound (or continue to be bound) by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services within 30 days.
Xtended Space respects copyright law and expects its users to do the same. It is Xtended Spaces’s policy to terminate in appropriate circumstances the Xtended Space Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of third-party copyright holders. If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringement by submitting the following information to [email protected] along with an electronic or physical signature. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - provide a comprehensive list of the copyrighted works that you claim have been infringed. Identify the material that you claim is infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown where such material may be found. Provide your full name, mailing address, telephone number, and, if available, email address. Include both of the following statements in the body of the Notice: