STORAGE TERMS & CONDITIONS
Pricing for By-the-Item Plan [1]
• One ski/ snowboard bag with measurements no larger than: W.35cm H.18cm L.170cm and not heavier than 50kg.
This bag should easily pack:
163cm Snowboard- no bindings 159 cm Snowboard- with bindings 1 pair of boots
1 outerwear jacket
1 outerwear pant
1 outerwear down jacket
2 sets of baselayer
3 pairs of goggles
2 pairs of gloves
Various facemasks and beanies
1 helmet
3 pairs of snowboarding socks. ...and assorted streetwear.
• Starting from HKD$1280 for one annual year (365 calendar days).
Shipping and handling charges from our Hokkaido storage
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Single pickup/ delivery within Niseko: HKD$200
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Single pickup/ delivery within Hokkaido Prefecture:HKD$330
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Single pickup/ delivery within Nagano Prefecture: HKD$520
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Single pickup/ delivery within Niigata Prefecture: HKD$520
[1] Your billing cycle will begin on the day we’ve picked up your bag(s).
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Waxing Fee
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For skis/ snowboards that require waxing service, a fee of HKD$480 per item will be charged.
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Snow apparel washing Fees
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Jacket: HKD$300
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Pants: HKD$ 300
1. PARTIES TO THE AGREEMENT
This Agreement is made between Optcool Limited, a company registered in Hong Kong with registered office at Room 1402, Blissful Building, 243-247 Des Voeux Road Central, Sheung Wan, Hong Kong (“Optcool”, “we”, “us” or “our”) with and you, the customer (“customer”, “you” or “your”) who wishes to use our Services.
2. DEFINITIONS
In these Terms of Service, the following words have the following meaning:
“Services” means all or any of the services and products we may offer at any time.
“Delivery” or “Deliveries” means any Ski/snow- board bag drop-offs, pickups, follow-up pickups, delivery, and collection trips.
“Bag” “Bag(s)”means the storage Ski/ Snowboard bag supplied by you in which the Goods are packed.
“Goods” or “Items” means the items entrusted to be stored by us including those which are packed into the bag.
“Website” means our website at www.optcool.com or any other website under which we provide and advertise our Services or subsequent URL which may replace it.
3. REGISTRATION AND ACCOUNTS
3.1 In order to use our Services, you must register and create an account with us. You will be required to provide your personal information including but not limited to full name, email address, phone number and address as part of the registration process. You are responsible, in accordance with the terms of our Privacy Policy, to ensure that the personal information you provide is complete, ac- curate and up to date.
3.2 Upon registration, you will choose a username and password (login information). You are respon- sible to keep your login information confidential and to take all reasonable steps to ensure nobody other than yourself can access your account and the Services. You agree that any person in possession of your login information is authorized to act as your representative for using our Services and Website. You are responsible for all the activities that occur under your account.
3.3 You shall promptly notify Optcool if you become aware or suspect that your login information has become known to someone else.
3.4 You must not sub-license or re-sell any of the Services to a third party nor represent us in any way for any reason whatsoever without our prior written consent.
4. STORAGE OF GOODS
4.1 You warrant that throughout the term of this Agreement all Goods that are entrusted to us are and shall remain your property or that you have the expressed permission and authority of the owner of the Goods to use our Services in accordance with this Agreement.
4.2 All Bags remain the property of You.
4.3 Optcool does not warrant that the storage facili- ty used by Optcool is a suitable place or means of storage for any particular goods.
4.4 You are responsible to carefully pack all Goods and protect them with protective wrapping or pad- ding.
4.5 You acknowledge and agree that Optcool will not be responsible for disconnecting or reconnect- ing appliances, fixtures or equipment.
4.6 Goods stored must not include prohibited, ille- gal, stolen, perishable and flammable items.
List of flammable items include but not limited to:
Flammable items
Adhesives
Antifreeze
Beverages containing 70% or More Alcohol by Vol- ume, Etc.
Body washes containing alcohol
Brake, transmission and windshield washer fluids Camping gas, glazing torches and other harmful gases
Carpet cleaners
Certain cleaners containing pine oil
Cooking oil
Dry-cleaning spotters and solvents for home use Engine additives
Flammable gases (e.g. butane gas)
Flammable liquids (e.g. gasoline, lighter fluid and diesel)
Flammable solids(e.g. non-safety matches, dis- posable BBQ and coal)
Flour
Hair mousse
Hair sprays and other hair products containing al- cohol
Hand sanitizers containing ethyl alcohol
Lighter fluid
Lighters
Liquid correction fluids
Matches, charcoal, phosphorus and articles which are easily ignited
Oil-based paint
Paint thinners and primers
Paints, thinner and liquid adhesives
Perfume
Powder (Powdered milk)
Some pesticides
Spray (Hair spray, Sunscreen spray)
Spray lubricants
Varnish
Other prohibited Goods include but are not limited to
4.6.1 chemicals, drugs, hazardous or toxic ma- terials of any kind;
4.6.2 food or perishable goods of any kind;
4.6.3 flammables, firearms, weapons or explo- sives of any kind;
4.6.4 items which emit any kind of odor or fumes;
4.6.5 plants or creatures (whether living or dead);
4.6.6 liquids or compressed gases;
4.6.7 illegal drugs, counterfeit goods, stolen property or illegal items of any kind;
4.6.8 personal property that would result in the violation of any law or regulation of any gov- ernmental authority;
4.6.9 any items that, in our determination, danger the safety and health of people of in our facility and the environment.
4.7 In addition, we strongly advise that you should not place into your Bag any official personal docu- ments (such as passports, drivers licenses, ID cards, etc.) or anything that contains personally identifiable information, such as date of birth or bank account number. This is not an exhaustive list of personally identifiable information. Essentially, do not put anything into the Bag that contain infor- mation that can be used to steal someone’s identity or a document that you may urgently need at a moment’s notice. By executing this Agreement, you understand and agree that if you proceeded to store official documents or items containing per- sonally identifiable information, you waive all rights and claims against Optcool arising in any way from storing these items.
4.8 Regardless of how well you pack your Bag(s), they will be moved around during transportation and may be jostled at times. While Optcool will take all precaution to ensure your Bag(s) or Items are handled with care, there is a risk that they may be accidentally scratched, dented, chipped, marred or damaged. As such, you should carefully wrap all of your items prior to storage, especially fragile items, or any items that are easily damaged. By executing this Agreement, you understand and agree that you waive all rights and claims against Optcool should your items be damaged.
4.9 We will use commercially reasonable efforts to maintain the temperature and humidity of the facility in which your Bag(s) or Items are stored, from between 5 to 25 degrees Celsius and between 40 to 60 percent humidity. We will take all commercial- ly reasonable steps to protect your items from the growth of mold. However, we cannot guarantee that mold may not develop on your property. By executing this Agreement, you understand and agree that Optcool is not liable for the natural growth of mold or mildew on your property.
4.10 We or anyone acting on our behalf may at any time without notifying you open your Bag(s) or Items to inspect your Goods:
4.10.1 if we reasonably believe or suspect that they may contain any Goods described in Clause 4.6;
4.10.2 if we are required to do so by the po- lice, fire services, authority or court order; or
4.10.3 if we feel people or property are at risk of injury or damage; or
4.10.4 if we receive your instruction on requir- ing our waxing or clothes washing services; or
4.10.5 any other circumstances at the discre- tion of Optcool management.
4.11 Any costs or losses incurred by us associated with any of the processes described in Clause 4.10 shall be borne by you.
4.12 Optcool may refuse to store any Goods or may return to you any Goods, at your cost, at any time, if we reasonably believe that the storage or continued storage of such Goods would represent a risk to the safety of any person, the security of the storage facilities, or any other Goods stored at the storage facilities.
4.13 For safety reasons, access to our storage fa- cilities or those of any of our sub-contractors or agents shall be strictly prohibited.
5 DELIVERIES AND COLLECTIONS
5.1 You shall ensure that the Goods have been se- curely packed into Bag(s) or are otherwise suitably prepared for transport so as not to cause damage or injury or the likelihood of damage or injury to Optcool’s property, employees, agents, contractors or other Goods, whether by spreading of damp, in- festation, leakage, escape of fumes or substances or otherwise.
5.2 You shall inform Optcool within 24 hours of any damage to the Goods or your property that oc- curred during Delivery. If the condition is not met, we reserve the right to refute your claim.
5.3 When requesting a Delivery you should notify Optcool of any changes regarding your orders by 5PM the day before Delivery.
5.3.1 Any rescheduling and cancellation of ap- pointment made after the above cut-off times (refer to Clause 5.3) will be subject to a charge of HK$500.
5.3.2 If the Bag(s) fails to show up at the col- lection appointment, it will be considered a failed collection and be subject to a charge of HK$500.
5.4 We shall not be held liable for any cancellations or deliveries, including but not limited to misalloca- tion of our delivery resources, schedule conflicts, any adverse weather conditions, bad weather warnings, traffic conditions, any event within or outside our control, or as a result of force majeure (subject to further terms and stipulations as listed in Article 16).
5.5 We may refuse to collect any Bag(s) that do not comply with the terms stipulated in Clause 4.6 at our discretion. If this results in a failed collection, you will be liable for a failed collection charge of HK$500.
5.5.1 We may also refuse to collect any Bag(s) that is over weighted compared to the associated service originally selected.
5.5.2 Optcool may send a new invoice with adjusted price if the service was selected wrongly (by weight options)
5.5.3 Invoice with adjusted price must be settled before the end of each annual contract. Bag(s) will be considered abandoned if invoice is unable to settled.
5.6 If the waiting time is more than 20 minutes for any Bag(s) and Items collection trip, we reserve the right to reschedule for another collection trip and charge you a fee of HK$150 + $50/bag for the failed collection trip.
5.7 For requiring our waxing or clothes cleaning services, you understand that Optcool is only re- sponsible for those stored items that have been in- spected by us. You hereby waive and release Opt- cool from responsibility for any damage to items, and you are solely responsible for damage to those items.
5.8 For deliveries within Niseko and other areas in Japan require 2 working days and 10 working days’ notice respectively, and is subject to our availability of our time slots.
5.9 Optcool dropoffs, pickups and retrievals can only be made to and from a valid residential, resort, hotel or office address. We do not accept industrial or any other types of addresses.
6. RESTRICTIONS
You must not:
6.1.1 use the Services in any way that is un- lawful or fraudulent, or for any unlawful or fraudulent purpose or effect;
6.1.2 sub-license or re-sell any of the Services to a third party nor represent us in any way for any reason whatsoever without our prior writ- ten consent;
6.1.3 attempt to interfere with or disrupt the Services or the Website or any server or net- work used by or connected to the Website or to gain unauthorised access to any such server or network.
7. PAYMENTS AND CHARGES
7.1 You shall pay rent yearly to Optcool. Yearly rent must be paid in advance no later than the day we pick up your items. Yearly rent must be paid in full, without any deductions, without prior notice or prompting from us.
7.2 All applicable charges are those specified on the Website at the time of booking or as specified in this Agreement
7.3 All applicable charges are subject to change at our discretion and will take immediate effect.
7.4 We may require you to enter your credit card information in order to make use of our Services. Your credit card information may be used to bill all future charges automatically.
7.5 We accept payments by PayPal or credit card.
7.5.1 Charges for first year’s storage will be billed on the start of the billing cycle.
7.5.2 Charges for subsequent years’ storage will be billed yearly in advance at the begin- ning each billing cycle. An invoice will be sent before the renewal year.
7.5.3 Charges for returning the Goods to you will be billed in full on the date of your sched- uled delivery.
7.6 If you need to modify your payment method or credit card information, please send an email to cs@optcool.com. The request will be processed within 30 days.
7.7 Optcool may charge a one-off penalty of HK $500 in the event that you block payment to us when we are not at fault.
7.8 In the event that you do not promptly pay all charges or payments due to us, we are relieved of any duty howsoever arising in respect of the Goods and we shall exercise lien over the Goods until the outstanding charges or payments have been fully settled and received by us. Under such situation, you authorise us to withhold the Goods and you authorise us access to inspect the Goods.
7.9 If you fail to arrange payment for any amounts payable to us by the due date and after a grace pe- riod of 15 days, we will charge a Late Payment Fee of HK$200 to be levied every 15th date past due onward, up to 90 days past due.
7.10 If you fail to arrange payment for any amounts payable to us within 90 days past due date, we re- serve the right to withhold your Goods stored with us for sale or auction. We will also charge a Lien Sale/Auction Fee of HK$1000 if applicable. Pro- ceeds from the sale or auction will be used to settle all outstanding charges and payments including administrative fees, Late Payment Fees and Lien Sale/Auction Fee. If, after settling all charges and payments there is any amount leftover, we will make reasonable efforts to return the excess to you without interest. If within 60 days, we are un- able to get a response from you and unable to pay you the excess, the amount leftover will be retained by us for our own account.
7.11 If the sale of the Goods as stipulated above cannot cover all charges and payments due to us by you, you are obliged to settle any outstanding balance due to us within 7 days. If this is not set- tled within 7 days we may administer a debt collec- tion agency to recover all amounts due and all costs incurred as a result of this process shall be borne by you.
7.12 We may sell the Goods by any means rea- sonably available to achieve a reasonable market selling price, taking into account the cost of sale. If, for whatever reason the goods cannot be reason- ably or economically sold, we are authorised to treat them as abandoned and dispose of or other- wise destroy them. All costs of sale or disposal shall be borne by you.
7.13 Disposal fee of HK$150 per Bag is payable when you request us to dispose of your belongings in one or more of Bags, subject to you signing a full release agreement in favour of Optcool.
Delinquency & Lien charges and penalties
- Late cancellation of appointment [1]HK$500
- No show at appointment HK$500
- Late payment fee [2] HK$200
- Lien sale/auction fee [3] HK$1000
[1] If rescheduling or cancellation of appointment after 5pm on the day before your appointment.
[2] Levied every 15th day past due onward, and up to 90 days past due.
[3] After 90 days past due date, we reserve the right to take possession of the content for sale/auction.
8. INSURANCE
8.1 Optcool purchases insurance coverage directly from a third party insurance company. The follow- ing insurance coverage is included free of charge under each of our services:
8.1.1 By bag: up to a maximum of HK$1,000 per bag
8.2 Top-up of insurance coverage is available. You may request for additional coverage at increments of HK$10,000 and at a cost of HK$50 per month (minimum of 12 months’ coverage required to be paid upfront). To request for additional insurance coverage, simply write to us at cs@optcool.com.
8.3 Our insurance policy only covers actual physi- cal loss of or damage to your Goods caused by:
8.3.1 Fire, lightning, explosion, earthquake;
8.3.2 Aircraft or articles dropped therefrom;
8.3.3 Storm, flood, bursting or leaking pipes;
8.3.4 Ingress of water or other liquid sub- stance;
8.3.5 Moth, insect or vermin from an external cause;
8.3.6 Theft accompanied by forcible and vio- lent entry to or exit from the building or unit;
8.3.7 Riot, strike, civil commotion or malicious damage;
8.3.8 Impact by vehicle or railway rolling stock;
8.3.9 Impact by vehicle and collision or over- turning of the conveying vehicle/trailer
8.4 The following events or items are not covered under our insurance coverage
8.4.1 Terrorist attack, war or military action;
8.4.2 Loss or damage resulting from unknown or mysterious causes;
8.4.3 Ensuing or indirect losses resulting from or as a consequence of claims made for loss or damage;
8.4.4 Nuclear reaction, radiation or radioactive, biological or chemical contamination;
8.4.5 Loss of data records other than the cost of blank data carrying materials;
8.4.6 Loss from theft without forcible and vio- lent signs of entry into a securely locked space;
8.4.7 Breakages, denting, scratching, denting, chipping, marring or any accidental damage to items stored;
8.4.8 Any damage to goods while in transit or during loading or unloading;
8.4.9 Loss or damage to property directly re- sulting from Flood, water seeping from outside the premises, action of the sea or waves or tidal wave;
8.4.10 Flood means the covering of normally dry land by water that has escaped or been re- leased from the normal confines of: (i) any lake, or any river, creek or other natural water- course, whether or not altered or modified; or (ii) any reservoir, canal, or dam.
8.4.11 Money, coins, bullion, deeds, bonds, securities and the like;
8.4.12 Jewellery, watches, precious stones and stamps of all kinds exceeding HK$1,000 in value;
8.4.13 Furs, mobile phones, perfumery, tobac- co, cigars, cigarettes, beers, wines, spirits and the like, exceeding HK$1,000 in value;
8.4.14 Electronic items exceeding HK$1,000 in value. Electronic items are defined as all items of consumer and commercial electrical appli- ances and instruments including but not limit- ed to radios, televisions, computers, computer software, hard drives, chips, microchips, print- ed circuit boards and their components, modems, monitors, cameras, facsimile ma- chines, photocopies, hi-fi’s, stereos, CD play- ers, digital recorders/players, switchgear, tur- bines, generators and the like;
8.4.15 Perishable items, livestock, plants, ex- plosives and flammables
8.4.16 Fragile items, or any items that are eas- ily damaged
8.4.17 Mold and mildew;
8.4.18 All items that are not included under Clause 8.3
8.4.19 All items that are included under Clause 4.6
8.5 In the event of actual physical loss or damage as a result of events under Section 8.3, please contact our customer service team at first instance on cs@optcool.com. We will provide you with claim forms to complete and return to us as well as advise you on the steps required by the insurance company to start processing your claim. Optcool will assist you to process your claim directly with the insurance company on your behalf. The insur- ance claim will be paid to you once Optcool re- ceives the coverage from the insurance company. Optcool will not be liable for any insurance cover- age to you should the insurance company decline your claim.
8.6 In the event you sustain a loss and your insur- ance company reimburses or indemnifies you for the loss, in whole or part, you waive any right of subrogation your insurance company may have against Optcool and its agents for the loss.
9. LIMITATION OF LIABILITY
9.1 Optcool shall not in any event be held liable or responsible for any damage or loss to the Goods beyond what’s covered in our insurance policy as outlined in Clause 8. Further, for the avoidance of doubt, Optcool shall not be held liable for the dam- age even in the case that the security fastener is broken.
9.2 You acknowledge that we are not aware of the value of the Goods stored with us. You are respon- sible to arrange appropriate insurance for your Goods.
9.3 You acknowledge and agree that use of our Website and any of our Services is entirely at your own risk. We shall not be held liable or responsible in any way for any direct or indirect damages of any sort as a result of using our Website or misin- terpreting its content.
9.4 You are responsible to inspect any items re- turned to you from us for any loss or damage. If you believe there has been loss or damage to items, you are required to notify Optcool within 24 hours of the delivery. We reserve the right to in-spect the Bag(s), Items, and Goods and take pic- tures or provide proof of any alleged damage or loss before an insurance claim can be made.
9.5 It is your responsibility to ensure that Goods are properly and carefully packed with enough pro- tection as would be reasonably required for stor- age. We shall not be held liable for any loss, mis- delivery of and damage to any items as a result of insufficient or improper packing or protection; any deterioration of Goods which may happen over time; fragility of items that you have decided to store; any defects of Goods or any forfeiture or seizure of Goods for legal reasons.
9.6 In any event, our total liability in respect to every Item, Bag and Goods, whether in the case of an insurance claim or not, shall not exceed the lower of (i) the cost of the lost or damaged Goods; (ii) the current replacement cost of the Goods at the date of the claim; or (iii) the maximum HK $1,000 insurance cover for the applicable Item, Bag. In the event of a claim, we are entitled to proof of the alleged loss or damage and the re- placement or initial cost of the lost or damaged Goods.
9.7 In the event of a claim, Optcool shall be entitled to require proof of the cost price and the current replacement cost of the contents of the Bag and/or the stored Goods.
9.8 Notwithstanding the above, no terms within this Agreement will affect or restrict any of your statutory rights.
10. TERMINATION
10.1 You may terminate this Agreement at any time by requesting the return of your Goods stored with Optcool and settling all outstanding charges due to us.
10.2 Optcool may terminate this Agreement for any reason by giving you not less than 30 days written notice. In these circumstances, we will not refund any pre-paid yearly fees and arrange for delivery of your items back to you at your expense.
10.3 We may terminate this Agreement at any time and with immediate effect by providing written no- tice to you, if:
10.3.1 You fail to pay any amount due by the due date; or
10.3.2 You are in breach of any terms of this Agreement.
10.4 Upon termination you must ensure that you contact us to arrange the return of your Goods at your cost and such return must be arranged within 15 days from the date of notification. If, for any reason, within 15 days following the termination of this Agreement, you have not arranged the return of your items we may dispose of them in accor- dance with Article 7.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 We retain ownership of all intellectual property rights of any kind related to our Website and Ser- vices, including all applicable copyrights, patents, trademarks and other property rights, save for those which may relate to third parties that we may mention on our Website or work with in providing the Services.
11.2 Limited, non-exclusive, non-licensable and non-transferable use of limited content for personal use is permitted, however must not be used for commercial purposes.
12. PRIVACY
12.1 We only use your personal information in ac- cordance with our Privacy Policy which is available on our Website at any time. Please take the time to read this, as it includes important terms which ap- ply to you and how your information is handled. 12.2 We may use location-based services in order to perform the Services as efficiently and quickly as possible. Information that we collect from you through the use of these location-based services shall be collected and stored in accordance with the terms of our Privacy Policy. You consent to our use of location-based services by accepting the terms in this Agreement.
13. SUB-CONTRACTING AND ASSIGNMENT
13.1 Optcool may at any time sub-contract, assign or transfer any or all of its rights and obligations under this Agreement to any third party or agent without your content.
13.2 The sub-contracting, assignment, transfer or sub-licensing of any of your obligations under this Agreement, whether or not for commercial gain, is expressly prohibited.
13.3 This Agreement shall be binding on your personal representatives and successors.
14. FORCE MAJEURE AND BAD WEATHER
14.1 We will not be held liable or responsible for any failure to perform or delay in the performance of the Services caused by Force Majeure.
14.2 A Force Majeure means any unforeseeable circumstances beyond our reasonable control, in- cluding but not limited to war, threat of war, terrorist activity, strikes or other industrial action, riots, fire, storms or any other natural disaster, failure in the telecommunications networks, power cuts, traffic conditions, road closures, accidents or any other unforeseen circumstances.
14.3 For the avoidance of doubt, the hoisting or is- suing of a Storm Warning or any Storm Warning of Signal or higher shall also be considered a Force Majeure. In such situations, all Services and Deliv- eries shall be immediately cancelled. Services and Deliveries shall resume as soon as it is practically and safely possible to do so once such Warnings have been lowered or removed.
14.4 In the event of a Force Majeure, we will aim to contact you as soon as possible and will take all reasonable measures to minimize any disruptions to the Services.
15. INDEMNITY
15.1 You agree to indemnify, defend and hold us, our employees, agents, suppliers and directors harmless on demand, from and against all claims, liability, damages, costs, expenses, losses and le- gal fees arising out of any breach of the Agreement by you. This clause also applies to any other liabili- ties arising out of your use of our Website or Ser- vices or by any other person accessing our Web- site or Services under your account.
16. NOTICES
16.1 Any notices given by you to us must be in writ- ing by email to cs@optcol.com.
16.2 A notice shall be deemed to have been served from the time the email was sent by the sender, provided that the sender of the email does not re- ceive an email message stating that the email message has not been received by the intended recipient.
17. DISCLAIMER
17.1 Optcool provides the Website on an “as is” and “as available” basis with all faults. Optcool does not warrant that use of the Website will be er- ror-free or uninterrupted or that any defects will be corrected.
17.2 Optcool will provide the Services with reason- able care and skill and substantially as described in this Agreement. Optcool does not make any other promises or warranties about the Services.
18. GOVERNING LAW AND LANGUAGE
18.1 This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and con- strued in accordance with the laws of the Hong Kong.
18.2 In the event of any inconsistency between the Chinese and the English version, the English ver- sion shall prevail.
19. MISCELLANEOUS
19.1 This Agreement and any written amendments set forth the entire Agreement of the parties with respect to the subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, oral or written. With the exception of the Storage Rules and our Privacy Policy, as noted herein, there are no repre- sentations, warranties, or agreements by or be- tween the parties which are not fully set forth here- in and no representative of Optcool or its agent is authorized to make any representations, war- ranties, or Agreements other than as expressly set forth herein. Except as otherwise provided herein, all modifications must be in a writing signed by both parties. Storage Rules set forth below are made a part of this Agreement and you shall com- ply at all times with such rules. Optcool has the right from time to time to change the rules.
19.2 We reserve the right to amend the terms and conditions within this Agreement from time to time and it is your responsibility to review these terms and conditions on each occasion you procure Ser- vices from us. The latest version of this Agreement will always be accessible at www.optcool.com.
Your continued use of our Services will be deemed to represent your continued acceptance to the lat- est version of this Agreement. If you do not agree with any changes to this Agreement, you may ter- minate this Agreement as per Article 10.
19.3 In case of any disputes, Optcool reserves the right to make the final decision.
19.4 The failure by you or Optcool to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provi- sion.
19.5 All provisions of this Agreement apply equally to and are for the benefit of Optcool Limited, its subsidiaries, any holding companies of Optcool Limited, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such pro- visions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
19.6 If any provision of this Agreement shall be found by any court or arbitration or administrative body of competent jurisdiction to be invalid or un- enforceable, such invalidity or unenforceability shall not affect the other provisions of this Agree- ment which shall remain in full force and effect. If any provision of this Agreement is so found to be invalid or unenforceable but would be valid or en- forceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be reasonably necessary to make it valid and which reflect(s) the intention of the parties.
19.7 In any event, all provisions of this Agreement that by their nature could reasonably survive termi- nation, including but not limited to, ownership pro- visions, warranty disclaimers and limitations of lia- bility, shall survive termination. In the event you use the Website or Services again, the provisions of the terms and conditions that then apply will govern your re-use of the Website or Services. In the event you use Services bought under this Agreement, then those provisions applicable to Services will survive termination of this Agreement.
19.8 Each party shall keep any and all information disclosed between the parties to this Agreement in strict confidence. This clause shall survive the ter- mination of this Agreement.
19.9 We always welcome your feedback which can be sent to us by email to cs@optcool.com. Where you supply any feedback, you agree and acknowl- edge that Optcool shall have no confidentiality obligations to such feedback or suggestions and that it may be incorporated into our Website or Services.
