Stowable Terms & Conditions
Welcome to Stowable! We are an online ordering service that provides high-quality storage boxes, delivered, collected, stored securely and returned to you via the website stowable.co.uk (Platform).
By using the Platform, you agree to be legally bound by these terms and conditions which form a binding contractual agreement between:
● Stowable LLP, a limited liability partnership, with Company number OC442699 (Stowable, us or we), and
● any user that subscribes to the Platform (Customer, you or yours).
Whoever you are, these terms and conditions governs your use of the Platform and any Services you purchase through the Platform (agreement). Please read this agreement carefully and do not proceed with registering an Account or otherwise engaging with Stowable in relation to the Platform if you do not agree to this agreement.
When we talk about “Services” in these terms, we are referring to the services available through our Platform and any associated services we offer.
We may update any part of these terms and conditions at any time without notice to you. By continuing to use the Platform, or ordering, accepting or paying for any Services by means of the Platform, after such an update, you agree to be bound by these terms as amended.
We encourage you to check the date at the top of these terms to see when we last updated them.
(a) To help you read and understand this agreement, we have set out in the table below the definitions of key terms that you need to understand. You need to understand the key terms because we use them throughout this agreement.
(b) If a key word is only used within a particular clause, the defined term is the words bolded and in brackets, and the meaning of the defined term is the words/sentence that comes before the bolded words.
|Box||Means a box of a specific measurement listed on the Platform with a tolerance of upto 10%.||UID Label||Means the Unique Box Identifier labels used by Stowable.|
|Customer||Has the meaning given at the beginning of this agreement in the second paragraph.|
|Data Protection Legislation||Means, as applicable to either party and/or to the rights, responsibilities and/or obligations of either party in connection with this agreement:|
(a) the GDPR;
|Order||Means, the acceptance and purchase of Stowable’s Packaging Materials and/or Storage Services by the Customer via the Platform.|
|Packaging Materials||Means, the delivery of Boxes and other packaging materials ordered by the Customer via the Platform.|
|Payment Provider||The third party entity which handles any payments made through the Platform, being Stripe, and having their terms and conditions at https://stripe.com/gb/legal/end-users.|
|Personnel||Means, in respect of a party, its officers, employees, contractors (including subcontractors) and agents.|
|Platform||Means, the website having the URL stowable.co.uk and any other websites or applications owned or operated by Stowable with the same domain name and a different extension or otherwise for the same or similar purposes as this website.|
|Storage Fee||Means, the fee per Box charged by Stowable to the Customer on placing the Order.|
|Storage Location||Means, Stowable’s warehouse premises at which the Storage Services will be provided.|
|Storage Services||Means, the storage services offered by Stowable through the Platform subject to the payment of the Subscription Fee by the Customer.|
|Storage Space||Means, the particular secure storage facility at the Storage Location.|
|Storage Term||The minimum contracted storage period as selected by the Customer when making an Order.|
|Stored Goods||Means, the items given by a Customer to Stowable for which the Storage Services will be provided.|
|Subscription Fee||Means, the Subscription Fee per Box payable by the Customer to Stowable in accordance with clause 5(J).|
|Delivery||The delivery of Ordered Boxes and Packaging Materials to the Customer at their specified address.|
|Collection||When requested, the collection of filled Boxes from the Customer’s specified address.|
|Return||When requested, the return of Boxes to the Customer from the Storage Location to their specified address.||Early Return||The return of boxes at the request of the Customer before the expiry of the Storage Term.|
|Shipment||Collective term for any delivery, collection or return.|
- RELATIONSHIP OF PARTIES
This agreement governs your use of the Platform and your subscription to the Platform and purchase of Packaging Materials and Storage Services or both from Stowable.
- ACCESS AND SIGNUP
(a) In order to use most of the functionality of the Platform, all users will be required to sign-up, register and receive an account through the Platform (Account).
(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, a secure password, billing, postal and physical addresses, date of birth, and other information as determined by Stowable from time to time.
(c) In providing this information, the Customer represents and warrants that such information is accurate, correct and up-to-date.
(d) You must not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
(e) If you are accessing the Platform on behalf of another individual, company or organisation, you warrant that you have the necessary authority from that individual, company or organisation to do so.
- ORDERED SERVICES AND SUBSCRIPTION
(a) Stowable will deliver the Boxes or UID Labels and the Packaging Material to the Customer’s location, and when instructed by the Customer, Stowable will, subject to and in accordance with the terms and conditions of this agreement, pick-up the Boxes from the Customer’s location and deliver to the Storage Location.
(b) Stowable will offer the Storage Services to the Customer for a minimum of the Storage Term selected by the Customer.
(c) Stowable will offer the Storage Services to the Customer on an on-going basis unless terminated by the Customer in accordance with clause 9.2.
(d) The Customer acknowledges and agrees that any special requests or specific requirements related to their Ordered Services should be directed to and confirmed with Stowable.
- ORDER FEES AND SUBSCRIPTION FEE
(a) All Ordered Services will be accompanied by “Order Fees”, which are expressed on the Platform as the relevant currency for the Storage Location and are made up of:
(i) Storage Fee;
(ii) Costs of the Boxes ordered (if applicable);
(iii) Packaging Material charges (if applicable);
(iv) Box weight fee (if applicable);
(v) Shipping and delivery charges in relation to the Delivery of the Boxes and Packaging Material to the Customer, and Delivery of the Boxes to the Storage Location;
(collectively, the Order Fees)
(b) Stowable will not charge Delivery or Collection charges to the Customer if:
(i) in relation to Delivery of the Boxes, the Customer places an Order of 4 or more Boxes; or
(ii) in relation to Collection of the Boxes, ships all Boxes relating to an order in a single collection visit
(c) Returns are charged at a standard rate unless the customer opts for a special service
(d) Early Returns are subject to a balancing payment to terminate the storage agreement prior to the expiry of the contracted Storage Term. This is fee is calculated by the cumulative Subscription Fees and Storage Fee, due for the actual Storage Term, less what Subscription Fees and Storage Fee payments have been made during the Storage Term, plus a £25 administration fee.
(e)The maximum weight per Box is 25 Kgs, and no additional Box weight fee will be charged to the Customer if the weight of a Box is up to that limit. Additional weight fee will be charged for each Box exceeding 25 Kgs in weight at £4 per kg over the specified maximum weight. Any Box which is over packed or deformed may incur excess storage fees at such rate as is listed on the Platform.
(f) All orders include one Collection visit by our Courier to the Customer. Additional collections requests are charged at at £10 per box.
(g) Missed collections on the date or at the time specified by the customer incur a £10 re-booking fee.
(h) In order to accept the Ordered Services, the Customer will be prompted to pay the Order Fee.
(i) The Customer must pay the Order Fees in full at the time of placing the Order.
(j) The Subscription Fee (as listed on the Platform) shall be payable by the Customer on the date the Boxes are received and recorded at the Storage Location. Thereafter, the Subscription Fee shall be payable monthly, on the first day of each following month.
(k) The Order Fee and Subscription Fee paid by the Customer shall be non-refundable, unless otherwise provided in this agreement.
(l) The Customer will receive a confirmation of their Order made via the Platform once payment has been received by the Payment Provider. Stowable reserves the right to cancel an Order if payment is not received by the Payment Provider.
- STORED GOODS
6.1 PROHIBITED ITEMS
Customers acknowledge and agree that the following items are prohibited from being Stored Goods and a Customer must not provide them to Stowable and Stowable may in their absolute discretion dispose of any of the following items without prior consultation with the Customer, or not accept to provide Storage Services for:
(a) Combustible or toxic items and chemicals such as petrol, gasoline, compressed gas, paint, paint thinner, solvents, chemicals, propane, kerosene, lamp oil, motor oil, acid, grease, corrosives, fertiliser, cleaners or highly flammable materials;
(b) Illegal or restricted items such as narcotics, medication, weapons, ammunition, explosives and fireworks;
(c) Perishable items such as fresh food, animal food, produce, meat, fish or other edible items;
(d) Living things, such as plants, animals, insects, reptiles, birds and people;
(e) Dangerous materials such as hazardous or toxic materials, asbestos, radioactive materials, medical waste, biological waste; pressurised containers, batteries or any items with batteries including phones, tablets or laptops.
(f) Unsanitary items such as items which are mouldy, muddy, damp, rotten, infested with parasites or pests, waste products of any kind or any items which emit fumes or strong odours;
(g) Fine jewellery or antique jewellery items of the value of £150 or exceeding such amount unless agreed by Stowable LLP; or
(h) Unreasonably large items being items in Stowable’s discretion is too large or heavy to provide Storage Services for,
(together, Prohibited Items)
6.2 RIGHT OF REFUSAL AND REMOVAL
(a) The Customer acknowledges and agrees that Stowable may at its sole discretion, open any Box(es), inspect the contents of any Box(es), inform the police or the authorities, or refuse to provide Storage Services to the Customer or request for the Customer to collect their Stored Goods at any time where:
(i) Stowable knows or reasonably suspects that the Stored Goods include a Prohibited Item; or
(ii) the Stored Goods have or Stowable reasonably suspects will, cause damage to the Storage Space or Location.
(b) In the event of cancellation of the subscription, or refusal to provide Storage Services to the Customer, the Customer must request a Return of the Boxes by placing a request via the Platform or emailing us at firstname.lastname@example.org. Stowable will not charge any shipping and delivery charges to the Customer if Boxes have been in storage for 4 months or more. If the Boxes have been in storage for less than 4 months, the Customer will be required to pay the shipping and delivery charges for Return of the Boxes to their specified address.
- FAILURE TO PAY FOR STORED GOODS
(a) In the event the Customer fails to pay the Subscription Fee (in whole or in part), Stowable will send you an email requesting you to make the payment as soon as possible and within 10 days along with a link to the payments page.
(b) If the Customer fails to make payment within the period mentioned in sub-clause (a) above, the Customer will be liable to pay Stowable an administration fee of £50.
(c) The Customer must make payment within 20 days from the date of written notice (“Payment Notice Period”) from Stowable to make payment of all outstanding amounts and fees.
(d) If the Customer does not or fails to pay any and all outstanding amounts and fees after the expiry of the Payment Notice Period, then:
(i) Stowable will dispose of any or all the Customer’s items to cover costs. Any excess funds as a result of such disposal will be returned to the Customer, less reasonable costs and the £50 administration fee. If the recovered funds from the disposed of items do not cover the outstanding amounts, interest will be charged on the outstanding balance charged daily at 4% above the prevailing bank of England base rate.
(e) Stowable reserves the right to initiate legal action or proceedings against the Customer in the event of failure or inability to make payment of the outstanding amounts and fees under this clause 7.
- LIABILITY OF PARTIES
8.1 STOWABLE LIABILITY
(a) To the maximum extent permitted by applicable law, Stowable’s liability to a Customer for loss or damage of any kind, however arising, to the Stored Goods, is completely limited, unless such loss or damage arises from:
(i) Stowable’s (or its Personnel’s) breach of their obligations under this agreement; or
(ii) Stowable’s (or its Personnel’s) negligence.
(b) All Customers agree, where the loss or damage arises under the circumstances outlined in clause 8.1(a), Stowable’s liability to the Customer is limited to £150 per Box unless agreed in writing by Stowable and in accordance with clause 10(h).
8.2 CUSTOMER LIABILITY
All Customers agree that they are liable for the reasonable compensation to Stowable for damage to the Storage Space or Storage Location arising in whole or in part due to:
(a) the Customer’s negligence; or
(b) the Stored Goods including a Prohibited Item.
9.1 CANCELLATION BY STOWABLE
(a) Stowable may cancel this agreement by giving a written notice (Cancellation Notice) to the Customer if:
(i) Termination under clause 6.2(a) of this agreement;
(ii) The Customer is in breach or default of this agreement.
(b) Any and all Subscription Fee paid by the Customer to Stowable shall be non-refundable.
(c) Stowable may, in its absolute discretion, cancel a Customer’s account and suspend a Customer from using the Platform if it finds or suspects that the Customer has breached this agreement.
9.2 CANCELLATION BY A CUSTOMER
(a) As a Consumer, you can cancel the Order for the Packaging Material and Storage Services by telling us within 14 days of Ordering the Services (the “Cooling-off Period”), if you simply wish to change your mind and without giving us a reason and we will issue you with a full refund. In the event of such cancellation, the Customer shall, at its own cost, return any Boxes or Packaging Material to Stowable.
(b) These cancellation rights, however, do not apply if you have already used the Packaging Material or the Storage Services, for example, where you have opened or used the Boxes, or Packaging Material during the Cooling-off Period.
(c) After the Cooling-off Period, you may cancel your subscription at any time through Platform. To cancel your subscription you will be required to arrange a Return of the Boxes and pay where necessary any Early Return and/or Shipment fees due. Your subscription will terminate once the Boxes are picked up from the Storage Location; however, any Subscription Fee paid for that month shall be non-refundable.
9.3 CONSEQUENCES OF CANCELLATION
(a) On cancellation of the subscription or termination of this agreement, the Stowable shall arrange for the Stored Goods be delivered to the Customer’s location and the Customer will be liable to pay any Early Return Fees (where applicable), Shipment/delivery fee for return and delivery of the Stored Goods to the Customer’s location, irrespective of whether the cancellation or termination takes place within the Cooling-off Period or at any time after the expiry of the Cooling-off Period.
- USER OBLIGATIONS
As a Customer, you agree:
(a) to not share your Account on the Platform with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Stowable of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
(b) to not use the Platform for any purpose other than for the purpose of making arrangements to receive Packaging or Storage Services, including you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job or a sale which includes illegal Storage Services, activities or purposes).
(c) not to act in any way that may harm the reputation of Stowable or associated or interested parties or do anything at all contrary to the interests of Stowable or the Platform;
(d) you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Stowable;
(e) that Stowable may change any features of the Platform at any time without notice to you;
(f) that information given to you through the Platform, by Stowable, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
(g) that Stowable may cancel your Account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 10.
(h) that all reasonable precautions will be taken when packing items to ensure they are protected for transit and storage.
- THIRD PARTY CONTENT AND LINKS
(a) The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Stowable accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
(b) The Platform may contain links to other websites that are not Stowable’s responsibility (Third Party Websites). Stowable has no control over the content of the linked websites and are not responsible for it.
(c) Whilst Stowable may provide links to Third Party Websites on the Platform, such inclusion does not imply Stowable’s approval or endorsement of the linked website or the services advertised on such website. You must make your own independent assessment and enquiries before engaging any services advertised on Third Party Websites. Stowable is not a party to any contract between you and any third party you engage with via a link made available on the Platform.
(d) You acknowledge and agree that Stowable may from time to time enter into affiliate arrangements with third parties such as third party payment providers or third party delivery service providers.
- SERVICE LIMITATIONS
The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Stowable cannot and does not represent, warrant or guarantee that:
(a) the Platform will be free from errors or defects;
(b) the Platform will be accessible at all times;
(c) messages sent through the Platform will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Platform will be secure or confidential; or
(e) any information provided through the Platform is accurate or true.
- PROTECTION OF INFORMATION
You agree that:
(a) no information owned by Stowable, including system operations, documents, marketing strategies, staff information and Customer information, may be disclosed or made available to any third parties; and
(b) all communications involving the details of Customers on this Platform and Stowable are confidential and must be kept as such by you and must not be distributed nor disclosed to any third party.
13.3 INTELLECTUAL PROPERTY
(a) Stowable retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from Stowable or as permitted by law.
c) In this clause 13.3, “Intellectual Property Rights” means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in the United Kingdom and throughout the world.
13.4 DATA PROTECTION
(a) Words and phrases in this clause shall have the meaning given to them by applicable Data Protection Legislation and the terms “controller”, “processor”, “process” and “personal data” shall have the meanings given to those terms in such Data Protection Legislation.
(b) During and after the delivery of the Services, the Customer agrees that Stowable will be processing personal data for its own purposes and as such will be a controller under the Data Protection Legislation and this includes (but is not limited to) the following purposes:
(i) Stowable providing Services to the Customer as mentioned in this agreement;
(ii) Stowable and/or its personnel and third party partners may use the contact details the Customer’s and the Customer’s representatives to send marketing materials or other publications;
(iii) Stowable may process personal data concerning its other customers and contacts in other ways for its own business purposes;
(iv) Stowable may process and transfer personal data as necessary to effect a re- organisation of its business; and
(v) Stowable may share personal data with other legal or professional advisers or consultants used by it to obtain legal or professional advice.
(c) During and after the delivery of Services, there may be limited occasions where Stowable may process on the Customer’s behalf as a processor any personal data the Customer may have provided to Stowable. Stowable will advise the Customer in writing where Stowable believes Stowable may act as a processor and any such processing shall be in accordance with, and subject to, the Customer’s instructions.
(d) Before performing the processing, Stowable shall document within the instructions the subject matter and duration of the processing, the nature and purpose of the processing, the types of personal data and categories of data subjects and the other terms prescribed by the Data Protection Legislation. Stowable will ensure that all appropriate technical and organisational measures are taken to protect any personal data supplied by the Customer to Stowable against unauthorised or unlawful processing, accidental loss, destruction or damage, including when Stowable subcontract any processing (for example, in the case of external storage of data).
(e) The Customer’s instructions are taken to include the use by Stowable, where appropriate, of independent contractors and third party partners appointed by it for functions such as data and file storage, back-up, destruction, billing, legal processing and the like, in accordance with the foregoing.
(f) By accepting this agreement, the Customer gives positive consent for Stowable to obtain, store and process information about the Customer as described in the preceding clauses. The Customer agrees that where necessary the Customer will have satisfied relevant statutory ground under the Data Protection Legislation in connection with the above-described categories of processing, before providing Stowable with personal data. It is also a term of this agreement that any personal data supplied by Stowable to the Customer about employees/independent contractors of Stowable and/or any third parties may only be used for the express purposes for which that information is provided to the Customer under this agreement.
(g) Each party shall comply with the terms of the Data Protection Legislation.
13.5 RECORDS AND AUDITS
To the extent permitted by law, Stowable reserves the right to keep all records of any and all transactions (including comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Stowable.
- DISPUTES BETWEEN USERS
(a) Customers should direct any complaint relating to the Services via the Platform or to email@example.com. Stowable will take all reasonable steps to resolve any dispute with that Customer.
(b) Stowable reserves the right to hold funds in relation to a dispute until the dispute is resolved, either by us, the relevant parties or by a mediator or arbitrator. We reserve the right to disperse funds held by us as we see fit, including by providing a Customer a refund.
(c) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(d) If you have a dispute with Stowable, you agree to notify us first and enter into discussion with us for a minimum of a 30-day period before pursuing any other proceedings.
(a) (Security) Stowable does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
(b) (Limitation of liability) To the maximum extent permitted by applicable law, Stowable excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform for its use or any Packaging or Storage Services provided by Stowable. This includes the transmission of any computer virus.
(c) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including relevant consumer law) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Stowable ‘s liability for breach of that non- excludable condition, warranty or guarantee will, at our option, be limited to £150 per Box unless agreed by Stowable LLP.
(d) (Indemnity) You agree to indemnify Stowable and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
(i) breach of any term of this agreement;
(ii) damage to a Storage Location or Storage Space, or to the Stored Goods of other Customer(s) due to, owing to or as a result of the contents of your Boxes;
(iii) use of the Platform; or
(iv) storage of Prohibited Items.
(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Stowable be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by Stowable (except to the extent this liability cannot be excluded under relevant consumer law).
A notice or other communication to a party under this agreement must be:
(a) in writing and in English; and
(b) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(c) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party,
whichever is earlier.
17.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in England. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
17.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
17.5 THIRD PARTY RIGHTS
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation;
(j) (written or in writing) includes communication by email; and
(k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.