By accessing this website www.pkgstorage.com.au
you agree to be bound by the terms and conditions below.
These terms and conditions are subject to change. Changes will be posted to the website. Do not access this website if you do not agree with these terms and conditions.Unauthorised use of PKG Storage website and systems including unauthorised entry into PKG Storage systems, misuse of passwords, or misuse of any information posted on this Website, is strictly prohibited.
About the website.
This website and information and services referred to in the website are directed to and intended for Australian residents. The website is made available through PKG Storage Pty Ltd ABN 63 629 188 263
Purpose of content and materials
While PKG Storage endeavours to take reasonable care in preparing and maintaining the information on this website, we do not warrant the accuracy, reliability, adequacy or completeness of the information and content of the website. The information on this website is made available for information purposes only.The information and materials contained in this website – and the terms and conditions of the access to and use of such information and materials – are subject to change without notice.It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), PKG Storage disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.The PKG Storage website may contain separate terms and conditions, disclaimers or disclosures, which are in addition to these terms and conditions (such as terms and conditions for access and use of our storage facilities). In the event of a conflict, the additional terms and conditions will prevail for the relevant subject matter, use or access. You agree that: you will not engage in any activities related to the website that are contrary to applicable law, regulation or the terms of any agreements you have with PKG Storage; andin circumstances where locations of the website require identification for access, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorised individuals.PKG Storage or its suppliers may discontinue or make changes in the information or services described on this website at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and PKG Storage does not undertake any obligation or responsibility to update or amend any such information. PKG Storage does not guarantee that access to the PKG Storage website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the website or any data on such a computer.
When accessing or using the PKG Storage website, you must not do, or attempt to do anything that: is unlawful or prohibited by any applicable laws;is inappropriate, offensive, harmful, threatening, abusive, violent or otherwise may bring the website into disrepute;interferes with any another person’s use of the website;impersonates another person or entity or misrepresents your affiliation with another person or entity;tampers with or modifies any aspect of the website;transmits viruses or other disabling features or otherwise that may result in damage or interference to the website and its continuing operation;breaches individual privacy, including uploading personal information without an individual’s consent, or breaching any other legal rights;uses the website to send unsolicited communications including but not limited to email message and virtual chats; oruses content or any other aspect of the website in any way that competes with PKG Storage business.
Confidentiality & Privacy
Interruption of service
Access to the website may from time to time be unavailable, delayed, limited or slowed due to planned outages or circumstances beyond the control of PKG Storage. If access is interrupted or unavailable or if this website does not operate quickly or efficiently, you may be unable to transmit your instructions, transactions and other matters, or such instructions may not be promptly executed or you may be unable to retrieve information on a timely basis. You agree that you will not use the website or email via the website for the communication of any instructions to PKG Storage that are critical or time sensitive. PKG Storage will not be required to act upon any such types of instructions and will not be liable for any actions taken or omissions to act as a result of any communication from the website or e-mail message you send to PKG Storage. You agree to be solely responsible for the installation, operation and maintenance of the hardware and software necessary to access the website.
Limit on liability
The website (including all information and materials contained on the website) is provided ‘as is’ and ‘as available’.PKG Storage and third party data providers do not warrant the accuracy, adequacy, or completeness of the information and materials contained on the website and expressly disclaim liability for errors or omissions in the materials and information.To the maximum extent permitted by law, PKG Storage is not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability
) suffered by you or any third party, arising from or in connection with your use of our website and/or the content and/or any inaccessibility of, interruption to or outage of our website and/or any loss or corruption of data and/or the fact that the content is incorrect, incomplete or out-of-date.Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these website terms and conditions which may not lawfully be excluded, then provided it is fair and reasonable to do so, PKG Storage’s liability for breach of such a warranty or guarantee shall be limited at its option, to any one or more of the following:in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and(b) in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.
Links to other websites
Links to non-PKG Storage websites are provided solely as pointers to information on topics that may be useful, PKG Storage has no control over the content on such websites. Links to non-PKG Storage websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such websites, or any representation regarding the content at such websites.
These terms and conditions shall be subject to any other agreements you have entered into with PKG Storage. The user’s access to and use of the website, and the terms of this disclaimer are governed by the laws of Victoria.Questions
If you have any questions, you can contact PKG Storage by emailing firstname.lastname@example.org General
PKG Storage Pty Ltd is committed to complying with Australian Privacy Laws (including Privacy Act 1988 and the Australian Privacy Principles).This policy applies to all persons accessing PKG Storage’s website, dealing with PKG Storage or from whom PKG Storage otherwise collects personal information. PKG Storage also collects personal information provided by persons applying for use of storage facilities and related services from PKG Storage and, in doing so, endeavours at all times to comply not only with Australian Privacy Laws, in general, but also with the Credit Information Privacy Code.
Choose to deal with us anonymously
You are not required to provide PKG Storage with your name or any personal information if you do not wish to, you are free to use any name allowed by law. Wherever it is lawful and practicable, you have the option of not identifying yourself when dealing with us. For example, general access to our website does not require you to reveal any personal information about yourself nor do general / initial enquiries require personal information to be collected. However, our providing storage facilities to you, will require personal information to be disclosed. This is because all customer are required to enter into storage agreements with us prior to accessing our storage facilities. Customer must sign storage agreements in their legal names and agree for us to carry out customer screening / reference checks prior to making the storage facilities available to them. There are also parts of our website where, personal information is collected for a specific purpose such as to provide you with specific information or tailored information about our services. This is usually done through online forms, emails or over the telephone. For this reason, PKG Storage may not be able to deal further with you on an anonymous basis and will require obtaining your real name and other verifiable pieces of personal information before proceeding with a service.
What types of personal information does PKG Storage collect?
As a result of your visit to the PKG Storage website, PKG Storage may collect and use the following types of personal information from and about you:full namephone numberemail addresshome or business addresssocial media accounts and/or postsmeta dataIP Addresses.In order to provide tailored storage products and services to customers, including establishing and administering storage accounts and providing information about the products and services, and to comply with relevant legislation, PKG Storage may collect the following specific information:a copy of your driver’s licence and/or passport or other identification documentation for the purpose of verifying identity and to ensure compliance with the Anti-Money Laundering and Counter-Terrorism Financing Act and/or other legislation and regulations regarding identification verification, and tax reporting and withholdingyour banking and payment details, including tax file numbers (TFN), bank account details, credit card details for the purpose of processing payments to be made by you to PKG Storage or by PKG Storage to youyour employment details, including company names, job titles and business sector details for the purpose of carrying out reference checks / customer screening and ensuring contact details for you are always up to date so we can contact you if we need toyour image, location and movements on closed circuit televisions and other security devices and cameras installed at our storage facilities for the purpose of monitoring safety and access to the facility by you and others on your behalfcontact and identification details of any third party that has been authorised to negotiate or provide personal information on your behalf (including any attorneys appointed by you under a power of attorney)correspondence or dealings between you and PKG Storageany other personal information provided to us when you make an inquiry, request information (including our information packs, quotes and information about our related products and services), respond to marketing or lodge a complaintAdditionally, PKG Storage may collect and use the following non-personally identifiable information about you, through manual or ‘automatic collection’ methods:cookiesmetadataIP addressesdevice information including unique device identifiers and crash datalocation informationbrowser type, configurations, settings, history and language preferencesdate and time of service accessPKG Storage does not collect, use, process or otherwise deal with sensitive information about you.
How is information collected?
Your data is collected through various means, including through:metadata and log data automatically collected or generated by your use of the PKG Storage website, tracking technologies including cookies, beacons, tags and scriptsvia the ‘contact us’ form or other forms you fill out and submit on the PKG Storage websitein-person, email and phone interactions with PKG Storagevia public records and identification information for the purposes of confirming your identityvia third parties we deal with such as government and law enforcement agencies; our professional advisers; any person you authorise to deal with us on your behalf*; contracted service providers and any other organisation with whom we do business.*(Where we collect personal information from third parties that have been referred by you, we will assume, and you should ensure, that you have made that third party aware of the referral and the purposes of collection, use and disclose the relevant personal information).How does PKG Storage use your data?
PKG Storage may use your data for the following purposes:enabling you to access and use the PKG Storage website, associated social media accounts and applicationscontacting and communicating with you, with your consentconsidering your request for a product or serviceresponding to an enquiry submitted on the websitethe provision of PKG Storage facilities and/or services to you as a prospective customer for administrative and operational tasks required as part of PKG Storage’s service offering and businessresponding to any concerns or complaints, including legal actionto comply with local or international laws, regulations and relevant industry codes of practiceto identify products or services PKG Storage offers that may be of benefit to youmonitoring and maintaining the safety and security of our sites and facilities, and to record, investigate and analyse any incidents which occur on our sites and facilitiesdetecting and deterring the inappropriate, unauthorised, suspicious or criminal use or behaviour on our sites and facilitiesfor analytics, marketing and research purposes including creating more effective marketing or better usability of the PKG Storage websitestrategies through auditing, research, view tracking and reporting of aggregated dataassessment and processing of any job applicationanalysing trends, patterns and movements of users on the PKG websiteto communicate with you, by way of direct marketing, information about PKG Storage’s products and services. (If you do not wish PKG Storage to do so, you can “opt out” of such communication by informing PKG Storage in person, by telephone, by facsimile, by post or by email)if a complaint is lodged with us, processing and responding to the complaintto search and/or register any Personal Property Securitiesas part of a prospective sale, transfer or restructure of PKG Storage business; orto otherwise communicate with you or the purposes outlined above
Who may PKG Storage disclose personal information to?
In providing our services and carrying out our functions and activities listed above, we may disclose your personal information to:related entities within the PKG Storage corporate structure;our employees;our business partners, stakeholders, service providers or suppliers (such as operating software providers, removalists, registry service providers or contractors who provide a website, IT, marketing, administration and other services to support our activities and functions);providers of industry databases and customer screening services – such as Storer Check;our professional advisors – for example, our insurers, auditors, lawyers and consultants;our affiliated insurance brokers – if you have requested our assistance to obtain insurance for your storage contents;any entity to whom we are required or authorised by law to disclose personal information – including law enforcement agencies (such as the Australian Customs and Border Protection Service, Federal, State, Territory police) and government and regulatory authorities;credit reporting bodies – if you have defaulted on the payment of your rental or other fees;any successors in title to our business (including new business partners or owners if we enter into a joint venture with or is sold to or merged with another entity); andwith your consent (express or implied)- other entities.The above entities may, in turn, disclose your personal information to other entities as described in their respective privacy policies or notices.If, for any of the above purposes, PKG Storage discloses your personal information to any supplier of services to PKG Storage or to any prospective purchaser of PKG Storage, PKG Storage will do so only if it is necessary for the purposes listed above and PKG Storage will do so in accordance with Australian Privacy Law and after obtaining assurances from those suppliers that they comply with Australian Privacy Law.
How does PKG Storage hold your personal information?
PKG Storage uses its best endeavours and take all reasonable steps to secure your personal information including:maintenance of a secure environment for storage of information whether in hard copy or in electronic form;requiring that access to such information be confined to authorised personnel only;using technology such as encryption and password protection to secure any information kept in electronic form.
Data of underage users
Parental consent is required to process personal data of children under the age of 16. The PKG Storage website is not intended for access or use by children under the age of 16. PKG Storage does not knowingly collect data from children under the age of 16 without obtaining parental consent. If you are under 16 years of age, please do not use or access the website at any time or in any manner. If PKG Storage learns that data has been collected on the website from persons under 16 without parental consent, PKG Storage will take appropriate steps to delete this information.
Will PKG Storage supply your personal information to overseas third parties
PKG Storage does not anticipate that it will need to supply your personal information to overseas recipients.Can you access your personal information held by PKG Storage?
Yes, of course. You may request access to your personal information held by us by identifying yourself in person, by facsimile or by scanned attachments to an email and sending your request for access to us at: email@example.com
If PKG Storage is unable to grant access PKG Storage will give you reasons in writing within a reasonable time. These may include where providing the information to you may:reveal personal information about another individual person;pose a threat to the health or safety of another individual person;not be permitted by law;reveal internal information of a commercially sensitive nature which is not required to be disclosed to you by Australian Privacy Law.
Can you correct any personal information held by PKG Storage if it is incorrect or changes?
Yes, of course. If you believe any personal information which PKG Storage holds about you is incorrect, please contact PKG Storage in person by telephone, by facsimile, by email, identify yourself and tell us what the information held about you is, in your belief, incorrect and how you want it changed. If PKG Storage cannot agree to the change to the information which you have requested, PKG Storage will give you reasons in writing.
How to complain about how PKG Storage deals with your personal information?
If you are not satisfied with the reasons referred to above or otherwise have any complaint about how PKG Storage collect, hold, use or disclose your personal information please contact PKG Storage’s Privacy Officer, who can be contacted on firstname.lastname@example.org
You can, of course, at any time, refer directly to:The Office of the Australian Information Commissioner GPO Box 2999 CANBERRA ACT 2601 Tel: 1300 363 992 Fax: 02 9284 9666 Website: www.oaic.gov.au
What if there is a data breach?
If there is a suspected or actual data breach which may compromise personal information, PKG Storage will promptly undertake an assessment of the incident. Where relevant, immediate steps will be taken to contain the breach. These steps may include limiting any further access or distribution of the affected personal information, or the possible compromise of other personal information.If the unauthorised access, disclosure or loss of personal information is likely to cause serious harm to one or more individuals and the likely risk of serious harm has not been prevented by remedial action, PKG Storage will notify affected individuals and the Office of the Australian Information Commissioner (OAIC) as soon as practicable. The notification will include our identity and contact details, a description of the incident, the kind/s of information concerned and any recommended steps for affected individuals.Following any data breach incident, PKG Storage will undertake a review process to help prevent future breaches.
Can this policy change?
Does PKG Storage collect credit related information about you?
During the course of doing business with you PKG Storage may collect credit related personal information about you from credit reporting bodies. The types of credit related information PKG Storage may collect includes:permitted identification information such as names, date of birth, sex, 3 most recent addresses, employer and driver's licence numberthe fact that any consumer or commercial credit has been applied for and the amount and type of creditdetails of your current and previous credit providerscredit limits and certain terms and conditions relating to credit arrangementsstart/end dates of credit arrangementsrecords of previous requests made by credit providers to credit reporting bodies for information about you in connection with consumer or commercial credit applications, guarantees and securitisation arrangementsrepayment history‘default information’ (in addition to and without limiting repayment history information), i.e. payments overdue for more than 60 days in specified circumstancesin relation to those overdue payments, advice about new payment arrangements or that those payments are no longer overdueinformation about adverse court judgments, personal insolvency records and publicly-available information related to your credit worthinessin specified circumstances that, in the opinion of PKG Storage or another credit provider, there has been a serious credit infringement (e.g. fraud)information derived by credit reporting bodies from the above information (e.g. credit scores, ratings and assessments) andinformation PKG Storage derive from the above information (e.g. PKG Storage’s own credit scores, ratings and assessments).This information may include information about your arrangements with other credit providers as well as with PKG Storage. PKG Storage will keep credit-related information in physical and electronic records, both at its own premises and with the assistance of its service providers. PKG Storage collects this information from you, your account activity and from third parties including public sources, our related companies, referrers, brokers, agents, your adviser(s) and our service providers including credit reporting bodies and information service providers.
Why does PKG Storage collect and use credit related personal information?
PKG Storage collects, holds, uses and discloses credit-related information to assess and process an application by you for commercial credit; manage your credit and related funding arrangements; assess certain claims including hardship; assess an application by you to be a guarantor or other covenantor; review your credit on a periodic basis or in connection with changes (e.g. credit limit); collect overdue payments; create assessments and ratings of your credit worthiness; administer and manage our products and services including monitoring, auditing, and evaluating those products and services; model and test data; communicate with you; work with our service providers, credit managers, mortgage insurers, funders and related companies; and deal with any complaints or enquiries.
Which credit reporting bodies does PKG Storage use?
PKG Storage may exchange credit related information with the following credit reporting bodies:Equifax, PO Box 964 North Sydney 2059, www.mycreditfile.com.au, 1300 762 207Illion, 479 St. Kilda Rd, Melbourne VIC 3004, www.illion.com.au, 13 23 33
PKG Storage is a member of the Self-Storage Association of Australasia. Our standard terms for storage are based on the Standard Self-Storage Licence Agreement published by the SSAA set out below. All customers are required to agree to these terms and conditions to access PKG Storage’s self-storage facilities.
PART ONE – AGREEMENT DETAILS AND SIGNING FORM
Agreement numberFACILITY AND OWNER DETAILSName of owner (“FO”):
PKG Storage Pty LtdABN 63 629 188 263Address:
Phone(s) - landline and mobileinsertEmail:insertFax (if applicable)insertAddress of facility
insertSTORER DETAILS:If company / business:
Company / business name and ABNFull name and title of authorised representative / contact personIf individual:
Full name of individualHome / business address:
Street number, street name, suburb and post codePostal address
Insert if different from home / business address as aboveContact details
Phone(s) - landline and mobileinsertEmail:insertFax (if applicable)insertAlternate contact person (“ACP”)
NameinsertHome addressinsertPhoneinsertEmailinsertVehicle and Driver’s license details / other ID
Make and colourinsertRegistrationinsertDriver’s license number and date of birthD/LinsertDOBinsertOther identification givenChoose an item.STORER CONSENTSConsent to receive correspondence from PKG Storage by SMS to mobile number:
☐I / we consent to receiving correspondence from this Facility by SMS to the mobile number I / we have provided above, or such other mobile number as I / we may provide in the future.(please click on the box and sign below to confirm consent)Consent to electronic communication generally:
☐I / we consent to receiving all correspondence and notices from this facility by electronic means such as email and agree that except where required by law, no notices or correspondence will be sent by traditional mail or personal delivery. I / we acknowledge that it is my / our obligation to update the Facility Owner of any change to my / our email address or other electronic communicate details.(please click on the box and sign below to confirm consent)Credit check and reporting consent
☐I/we consent to the Facility Owner undertaking a search of my/our details against the Storer Check Pty Ltd database or with any credit reporting agency, and to my/our details and personal information being released by the Facility Owner to Storer Check Pty Ltd or where the Facility Owner considers appropriate to a debt collection agency or credit reporting agency pursuant to clause 31.(please click on the box and sign below to confirm consent)Consent signatureSTORAGE UNIT AND COST DETAILS:Start date
Click or tap to enter a date.End date
Click or tap to enter a date.Extension
Storage terms will automatically extend until 15 days’ notice is given by either party.Facility and space number
Space deposit (if applicable)insertStorage feeinsertPer week / fortnight / calendar monthCleaning feeReasonable costs incurredPadlock / security fobKey deposit of insertMiscellaneous / otherinsertInsurancePlease see below. PKG Storage does not carry contents insurance. Storer should make own arrangements for contents insurance.Administration feeinsertLate payment feeinsertApplied insert days after due datePayment method[drop down list]Total
All fees include GST, except for the Deposit amounts in the event it is refundable.INSURANCE ARRANGEMENTS
By signing below you acknowledge the following arrangements apply for insurance to cover the value of your goods in storage:I / we acknowledge that PKG Storage DOES NOT carry nor does it facilitate insurance to cover the value of goods to be stored by me / us.I am / we are responsible for managing the insurance of the risk of loss to any goods stored. I / we shall make our own arrangements to have the contents stored in the Space insured under a separate insurance agreement made between me / us and our chosen insurer.If I / we don’t arrange for separate insurance to cover the value of our goods to be stored by me / us then, we are taking the risk of loss to any goods stored and effectively “self-insuring”.Insurance signatureACKNOWLEDGMENT OF MAIN POINTS
Definitions used in this agreement are set out on this page.Goods are stored at your risk and are not insured by the FO. To the extent permitted by law, the FO is excluded from all liability for the loss of any goods you store in the Facility (clause 12). You should speak to your insurer or insurance broker and ensure you have adequate insurance cover.After the Storage Period specified, you or the FO may terminate this agreement (for any reason) on giving the specified days’ notice (clause 21.a).You are responsible for any third party you allow onto the Facility (clause 15).The only service provided to you, the Storer, by the FO is a licence to use a space provided by the FO for the sole purpose of storing goods. No other goods or services are provided by the FO (clauses 1.c and 2.a).All payments are to be made in advance by you (clause 4.a).You must not store hazardous, dangerous, illegal, stolen, perishable, environmentally harmful or explosive goods (clause 5.c)You must ensure the goods are dry, clean and free from vermin and food scraps when placed in the Space (clause 5.f).The Space is only accessible during set access hours (clause 5.a).You must notify the FO of all changes of contact details. If the FO cannot communicate with you, it may communicate with the ACP.If you fail to comply with this agreement the FO will have certain rights, including forfeiture of the Deposit and the right to sell/dispose of your goods and deduct from any sale proceeds the amounts you owe to the FO (clause 20).The FO has the right to refuse access if all fees are not paid promptly (clause 6).The FO has the right to enter the Space in certain circumstances (clauses 17, 18, 19 & 20).If you do not remove your goods from the Space on termination, the FO may dispose of your goods and charge you its costs (clause 25).I/We acknowledge that these main points have been drawn to my/our attentionStorer’s acknowledgment of main pointsAGREEMENT SIGNATURE
PLEASE READ CONDITIONS OVERLEAF CAREFULLY AS BY SIGNING THIS AGREEMENT YOU WILL BE BOUND BY THEMI/We agree to be bound by the terms of this agreement on this page and the Conditions of Licence set out on pages 5 to 8 of this document, a copy of which is also published on PKG Storage website.Storer’s agreement signatureDated
Click or tap to enter a date.Signed for and on behalf of PKG Storage Pty LtdDated
Click or tap to enter a date.PART TWO – CONDITIONS OF LICENCESTORAGEThe Storer:
is deemed to have knowledge of the goods in the Space;warrants that they are the owner of the goods in the Space, and/or are entitled at law to deal with them in accordance with all aspects of this agreement;acknowledges that this agreement does not grant the Storer a lease of the Space;acknowledges that the Space provided is approximately the size advertised but that due to building tolerances may vary slightly;agrees that all time limits imposed on the Storer by this agreement must be complied with strictly.The FO (which term includes its directors, employees, and agents):
does not provide any service other than a licence to use the Space;does not and will not be deemed to have knowledge of the goods;is not a bailee nor a warehouseman of the goods and the Storer acknowledges that the FO does not take possession of or any responsibility for the goods except as provided in clause 12 and 20.a.COSTSUpon signing this agreement, the Storer must pay to the FO:
the Deposit if applicable (which will be refunded on termination of this agreement less any deductions authorised by this agreement); the Administration Fee.The Storer must pay:
a. the Storage Fee which is payable in advance. It is the Storer’s responsibility to see that payment is made directly to the FO, on time and in full, throughout the period of storage. The FO does not invoice for monthly fees. The FO may increase the Storage Fee any time after expiry of the Storage Period. The FO will give the Storer 42 days’written notice of any increase. If the Storer does not agree to pay the increased fee, the Storer may terminate this agreement by giving the FO written notice any time before the end of the FO’s 42 day notice period;the Cleaning Fee is payable at the FO’s discretion if the Space requires cleaning;the Late Payment Fee or fees which become payable each time a Storage Payment late as indicated on the front of this agreement;any reasonable internal or external costs and disbursements incurred by the FO in collecting late or unpaid Storage Fees, or in enforcing this agreement in any way;interest on outstanding Storage Fees at the rate of 15% per annum.ACCESS TO AND CONDITIONS OF USE OF THE SPACEThe Storer:
may access the Space during the access hours notified by the FO from time to time;is solely responsible for securing the Space in a manner acceptable to the FO, and will secure the external gates or doors of the premises when entering or leaving outside access hours; will not store any goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or that are a risk to the property of any person;will use the Space solely for the purpose of storage and must not carry on any business or other activity in the Space;will maintain the Space by ensuring it is clean and in a state of good repair. If the Storer does not, the FO may deduct (at the FO’s sole discretion) the Cleaning Fee from the Deposit and/or charge an additional Cleaning Fee; will ensure the goods are dry, clean and free from vermin and food scraps when placed in the Space; may not physically alter or damage the Space in any way (including the use of screws or nails) without the FO’s prior consent. If the Space is damaged, the FO may charge the Storer for any repairs and may deduct repair charges from the Storer’s Deposit; cannot assign this agreement or let any other person store goods in the Space; will notify the FO in writing of any change to the ACP or any change of contact details of the Storer or the ACP within 48 hours of the change; grants the FO consent to discuss any default by the Storer with the ACP; agrees to comply with all health and safety or other notices for the Facility.The FO may refuse access to the Space by the Storer where any money is owing by the Storer to the FO, whether or not a formal demand for payment has been made.The FO reserves the right to relocate the Storer to another space of the same or similar dimensions as the Space for the proper management of the Facility. The FO will provide as much notice as reasonably practicable to the Storer of such a relocation and, unless agreed otherwise, the FO or its agent will carry out the relocation.Any items left unattended in common areas or outside the Space at any time may, at the FO’s reasonable discretion be sold, disposed, moved or dumped immediately and at the expense and liability of the Storer.RISK AND RESPONSIBILITYNo oral statements made by the FO or its employees form part of this agreement. No failure or delay by the FO to exercise its rights under this agreement will operate to reduce those rights.If the Storer is using the Space for the purposes of business storage, then the guarantees and remedies in the Consumer Guarantees Act 1993 (“the Act”) are excluded.If the Act applies, the Storer acknowledges in accordance with clauses 1.c, 2.a and 5 that the FO is only providing a licence to use the Space provided by the FO for the sole purpose of storing goods. In particular, no other undertakings or commitments are given or undertaken by the FO whether in tort, contract or other legal principle.If the Act applies, the FO's services come with non-excludable guarantees, including that they will be provided with reasonable care and skill. Otherwise, to the extent permitted by law, the goods are stored at the sole risk and responsibility of the Storer who is responsible for any and all theft, loss, damage to, and deterioration of the goods, and shall bear the risk of any and all damage caused by flood, fire, leakage or overflow of water, mildew, heat, spillage of material from any other space, removal or delivery of the goods, pest or vermin or any other reason.The Storer warrants that it will not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art, or items of personal sentimental value or that are worth more than $2,000 (in aggregate) unless specifically itemised and covered specifically by insurance.Where loss, damage or injury is caused by the Storer, the Storer’s actions or the Storer’s goods, the Storer will indemnify the FO from all claims in contract, tort or otherwise for any loss or damage to the property of, or personal injury to the Storer, the FO or the Facility, third parties, and/or the true owner of the goods stored in the Space, resulting from or incidental to the use of the Space by the Storer (including but not limited to storage of goods in the Space, the goods themselves and/or accessing the Facility).The Storer is responsible (and must pay) for loss or damage caused by a third party who enters the Space (or the Facility) at the request or direction of the Storer or who otherwise accesses the Facility using the Storer’s access card/code. The Storer is not responsible for access after it notifies the FO of the loss or theft of the access card/code.COMPLIANCE WITH LAWSThe Storer will comply with all relevant laws applicable to the use of the Space. This includes laws relating to the goods which are stored, and the manner in which they are stored. Liability for any breach of such laws rests absolutely with the Storer and includes all costs resulting from such breach.If the FO believes at any time (in its sole discretion) that the Storer is not complying with clause 16, the FO may:
take any action the FO believes necessary to so comply, including inspection of the Space and/or termination under clauses 18 and 19;immediately dispose of or remove the goods in the Space at the Storer’s expense; and/orcontact cooperate with and/or submit the goods to the relevant authorities.The Storer agrees that the FO can take any such action at any time even though the FO could have acted earlier.INSPECTION AND ENTRY BY THE FOThe Storer consents to inspection and entry of the Space by the FO on 14 days’ written notice.In the event of an emergency, the FO may enter the Space using all necessary force without the prior written consent of the Storer. The FO will notify the Storer as soon as practicable of such entry. The Storer irrevocably consents to such entry. For the avoidance of doubt, an emergency includes but is not limited to where the FO believes that clause 5.c or 16 is being breached, or where property, the environment or human life is, in the opinion of the FO, threatened, or to allow access, inspection or seizure by relevant authorities.DEFAULTThe Storer acknowledges that:
all goods in the Space are subject to a general lien for all Storage Fees and any other amounts owing to the FO by the Storer. If the Storage Fee or any other sum owing by the Storer under this Agreement is not paid in full within 42 days of the due date, the FO may enter the Space, retain the Deposit and/or take possession of any goods in the Space and may, at the FO’s sole discretion, do any one or more of the following:sell the goods by private arrangement or public auction to offset any unpaid Storage Fee, Cleaning Fee, Late Payment Fee, or costs associated with collection of Fees and/or disposal of the goods; and/ordispose of the goods in any other manner as the FO sees fit, whether for value or not, if the goods are unsaleable, remain unsold after being offered for sale, pose a health and safety risk, or are of insufficient value to warrant a formal sale process; and/orif the FO believes in its reasonable opinion that it is a health and safety risk to conduct an inventory of the goods in the Space, the FO may decide to dispose of some or all of the goods without doing an inventory.The FO will give notice in accordance with this agreement and permit a reasonable period for the Storer to rectify a default before taking possession and selling/disposing of goods.if any money is recovered from the sale or disposal of goods, that money shall be used as follows:first, to pay the costs of and associated with the sale or disposal of the goods;second, to pay all Storage Fees and other fees, costs or disbursements owed to the FO and any other costs incurred by the FO in connection with re-entering the Space and selling or disposing of the goods; third, any excess will be sent to the Storer.if the FO enters the Space for any reason and no goods are stored there, the FO may terminate this agreement immediately. The FO will send written notice of the termination to the Storer within 7 days of such entry.TERMINATIONThis agreement may be terminated:
By either party: after the Storage Period specified has ended on written notice as indicated on the front of this agreement to the other party, or, if the FO cannot contact the Storer, to the ACP.By the FO: immediately without notice if the Storer breaches clause 3, 4, 5 or 16.The Storer acknowledges that the Facility may use CCTV to view the inside of the Space and that the FO may use such CCTV footage as evidence of a breach of this agreement under clause 21.b.If the Storer does not give the notice required to terminate under clause 21.a, the FO may deduct Storage Fees for the notice period from the Deposit.On termination the Storer will:
remove all goods in the Space by the date specified by the FO and leave the Space in a clean condition and good state of repair to the satisfaction of the FO; andpay any outstanding moneys and expenses on default calculated by the FO as being owed to the FO up to the date of termination.If the FO reasonably believes that the Storer is unable to carry its obligations under clause 24.a or the Storer does not respond in a reasonable period to notices sent by the FO, the FO may, but is not obliged to, permit the ACP to access the Space to carry out the Storer’s obligations under clause 24.a and the Storer irrevocably authorises the FO and the ACP to take this action.If the Storer fails to remove all goods from the Space or the Facility on termination, the FO is authorised to (in its discretion) sell or otherwise dispose of all goods by any means 7 days from the termination date, regardless of the nature or value of the goods. The FO will give 14 days’ notice of the intended disposal.Liability for outstanding money, property damage, environmental damage and legal responsibility under this agreement continues to run beyond the termination of this agreement.NOTICENotices must be made in writing to the contact details set out on the front of this agreement. Notices given by the Storer to the FO must be actually received by the FO to be valid.If the FO is not able to contact the Storer, notice is deemed to have been given to the Storer if the FO has sent notice to the Storer’s last notified address or via any other contact method, including by SMS or email to the Storer or the ACP.If there is more than one Storer, notice to or by any single Storer is agreed to be sufficient for the purposes of any notice requirement under this agreement.PRIVACYThe FO:
may collect information about the Storer, including the Storer’s Personal Information (as defined in the Privacy Act 1993), to assist in the provision of storage to the Storer, maintaining the Storer’s account, and the FO’s enforcement of this agreement in any way.may disclose or search for any information about the Storer, including the Storer’s Personal Information, to Government departments, law enforcement agencies, including the police, any person who can demonstrate to the reasonable satisfaction of the FO a legal or equitable interest in the goods stored, liquidators, administrators or other persons appointed to administer the Storer’s financial affairs, debt collection services or credit reporting agencies, the ACP, agents for any of the above, Storer Check Pty Ltd.The Storer warrants that the Storer:
has the right to disclose information to the FO about the ACP (including Personal Information) and that the FO may use this information as it would Personal Information collected about the Storer;has informed the ACP that the Storer has made the disclosures referred to in clause 32a.The parties acknowledge and agree that the ACP may access and correct the information held by the FO in the same manner the Storer may correct its Personal Information.