1.1. Welcome to mindmybag.com (the “Website”). The Website provides on demand luggage and item storage (the “Services ”).
1.2. The Services are provided by connecting users of the Website that are looking for storage space(s) (the “Storage Seeker”) to users of the Website that are providing storage space (the “ Storage Provider”).
1.3. The Website is operated by Mind My Bag Pty Ltd (ACN 632 103 041) (the “Company”).
1.4. Access to and use of the Website, or any of its associated products or Services, is provided by the Company.
1.5. Please read these terms and conditions (the “Terms”) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.6. The Company reserves the right to review and change any of the Terms by updating the Website at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication on the Website.
1.7. The Storage Provider agrees to allow the Company and/or the Storage Seeker to utilise a safe storage facility (“Storage Space” ) of its premises (“Storage Address”) to keep the goods ( “Stored Goods”) for a period of time for the Service Fee.
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you.
3.1. You may be required to register for an account through the Website (the “Account”) before you can access some of the Services.
3.2. You may use some Services of the Website without having an account (the “Guest”).
3.3. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including your:
a) email address
b) preferred username
c) telephone number
e) photo identification
g) business registration details (including but not limited to ABN / ACN)
3.4. You warrant that any information you provide the Company in the course of completing the registration process will always be accurate, correct and up to date.
3.5. Once you have completed the registration process, you will have an Account and be a registered member of the Website (the “ Member”) and agree to be bound by the Terms.
3.6. You may not use the Services and may not accept the Terms if:
a) you are not of legal age to form a binding contract with the Company; or
b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4.1. You must comply with the following:
a) you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
b) you will not interfere with (or attempt to interfere with) or disrupt (or attempt to disrupt) our site or the servers or networks that host our Website;
c) you will not use, copy or distribute (or attempt to use, copy or distribute) content without our express permission;
d) you will not interfere (or attempt to interfere) with any security-related or other features of our Website;
e) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
f) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify the Company of any unauthorised use of your password or email address or any breach of security of which you have become aware;
g) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of the Company providing the Services;
h) you will not use the Services or the Website in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of the Company;
i) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
j) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. You agree that appropriate legal action will be taken by the Company for any illegal or unauthorised use of the Website; and
k) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
4.2 The following items (the “Prohibited Items”) must not be stored at any location under any circumstance:
a) “Combustible or Toxic items and chemicals” including but not limited to petrol, gasoline, compressed gas, paint, paint thinner, solvents, chemicals, propane, gas, kerosene, compressed gas, lamp oil, any form of motor oil, acid, grease, corrosives, fertiliser, paint, paint thinners, cleaners, chemicals, narcotics, drugs, hazardous, toxic, biological waste or medical supplies;
b) “Perishable Items” including but not limited to plants, food, fresh food, animal food, produce, meat, fish and other editable items;
c) “Living things” including but not limited to plants, animals, insects, pets, reptiles, birds and people;
d) “Illegal or restricted items” including but not limited to narcotics, weapons, ammunition, explosives, fireworks and other restricted or illegal item;
e) “Dangerous materials” including but not limited to asbestos or products containing asbestos, radioactive materials, medical waste, highly flammable or hazardous goods;
f) “Unsanitary Items” including but not limited to anything moldy, muddy, damp, rotten, infested with or damaged by parasites, infested with or damaged by pests, waste products of any kind or any item which emits any fumes or strong odor;
g) “Valuable items” including but not limited to cash, antiques, security credentials, securities & precious metals;
h) Any item that in the reasonable opinion of the Storage Provider in its absolute discretion is inappropriate for storage at the Stored Premises because the item may be too large, too heavy, too dirty, dangerous etc.
i) Any item that would prevent an insurance policy from covering the loss or damage to the Stored Goods or the Storage Space or the Storage Address.
5.1. The Storage Provider must accurately and to the best of their knowledge and belief describe the Storage Space and the Storage Address and outline all access, security and other conditions of storage they wish to apply. The Storage Provider must disclose this information during the registration process and can update the details at any time by emailing firstname.lastname@example.org. This information may include text, pictures, photographs, location, conditions, limitation, security and the access offered.
5.2. The Storage Provider must immediately notify the Company when the Storage Space becomes unavailable for any reason. This notification must be sent to the Company via email using email@example.com.
5.3. The Storage Provider must comply with all access, security and other conditions of storage that has been provided to the Company.
The Storage Provider must take all reasonable measures and efforts to protect, secure and maintain the Stored Goods. The Storage Provider must ensure that the Stored Goods remain undisturbed, safe and secure at all times.
5.4. The Storage Provider (or its insurer) must pay reasonable compensation to the Storage Seeker for loss or damage to the Stored Goods at the Storage Space that has resulted in part or fully due to any act of negligence by the Storage Provider. Reasonable compensation means paying for repairs, or where the Stored Goods are damaged beyond repair, providing compensation up to the actual cash value of the item which is determined by the current market value minus wear and tear. Compensation will not be offered for any loss:
a) where any payment or successful claim is made under an insurance policy;
b) where the Storage Seeker has been involved in a negligent act or omission that contributed in part or full to the loss or damage; or
c) if the Stored Goods include any of the Prohibited Items.
5.5. If the Storage Provider needs to terminate or modify a booking for any reason they must notify the Company immediately via email using firstname.lastname@example.org.
5.6. It is the Storage Providers responsibility to ensure that the advertising of their Storage Space will not breach or invalidate any mortgage, insurance, legal requirement or other agreement or policy. The Storage Provider is responsible for ensuring that they are legally and morally allowed to promote and use the Storage Space on the Website. The Storage Provider is responsible for providing the required information to explain any applicable security, access restrictions or other limitations in the listings page of the Website. The Company will not be liable for any violation whatsoever.
5.7. The Company gives the Storage Providers limited access to a Storage Seeker’s personal information solely for the purpose of providing the Services. The Storage Provider agrees to not under any circumstances disclose any information about any Storage Seeker or Storage Provider with any third party without first obtaining written consent from the Company.
5.8. The Storage Provider must reply to messages, emails and phone calls from the Company or the Storage Seeker as soon as practicable and ideally within 24 hours of receipt.
5.9. The Storage Provider agrees that by uploading or submitting any information, material or data to the Website, the Storage Provider automatically grants the Company with a royalty-free, non-exclusive right and license to use, edit, modify, adapt, reproduce, publish, translate, print, create derivative works from, distribute, advertise, perform and display such material (in part or whole).
5.10. The Storage Provider agrees that the Company is not obliged in any way to publish any information or content that has been submitted to the Company.
5.11. The Storage Prover must not submit, post or upload any content that may;
a) infringe on the copyright, trademark or any other intellectual property right of any other person or third party; or
b) breach any law, regulation or policy that may apply; or
c) be considered harassment, racist, sexist, homophobic, defamatory, abusive, obscene or otherwise offensive to any person or third party; or
d) contain viruses, trojans, time bombs, bots, worms, spiders, crawlers or any other piece of code; or
e) create any kind of liability for the Company;
f) cause the Company to lose (in whole or in part) any service of its ISPs or other suppliers.
5.12. The Storage Provider’s profile and/or listing page may be disabled or removed at the discretion of the Company for reasons including but not limited to the following; any suspicion of plagiarism; accuracy of the listing; performance of the Storage Provider; accept or make any offer to store any kind Prohibited Item; unreasonable pricing; inaccurate or misleading listing information; any suspicion of illegal or inappropriate use or behavior; any issues relating to payment of fees; breaches these Terms.
5.13. If you are reasonably suspected to have performed any kind of illegal activity using the Website either directly or indirectly, then the Company will provide the police with your full details, IP address & any other relevant information.
5.14. The Storage Provider agrees that in any circumstance where the Company has been unsuccessful in all reasonable attempts to seek payment from a Storage Seeker, the Company is not liable to make any payment to the Storage Provider.
5.15. The Storage Provider acknowledges that the Company is not liable for any loss or damage to the:
a) Storage Space;
b) Storage Address;
c) Storage Seeker.
5.16. The Storage Provider must maintain adequate public liability insurance in the event that there is any loss, damage or injury to the Stored Goods and/or the Storage Seeker. Upon request by the Company, the Storage Provider must provide the Company with its insurance certificate of currency.
5.17. The Storage Provider must indemnify the Company for any loss or damage to the:
a) Storage Space;
b) Storage Address; or
c) the Storage Seeker.
6.1. The Storage Seeker agrees that no booking is confirmed until the fee has been paid in full. This fee is paid in good faith and paid using the online booking system on the Website.
6.2. The Storage Seeker must comply with all the details shown on the Storage Providers listing page. This includes but is not limited to access and security arrangements. The Storage Seeker must also keep safe any keys, access numbers or any other item used to access the Storage Space.
6.3. The Storage Seeker agrees that they must not allow any other person or third party to access to the Storage Space for any reason.
6.4. The Storage Seeker agrees to make payment for reasonable compensation to cover the cost of repair or replacement of any damage in the unlikely event that damage to the Storage Space and/or Storage Address occurs due in part or whole and not limited to;
a) a negligent act of the Storage Seeker;
b) an omission of the Storage Seeker;
c) caused in part or in full by the Stored Goods; or
d) caused in part or in full by the Storage Seeker.
6.5. The Storage Seeker confirms that the Company has recommended that it obtain its own contents insurance or travel insurance for the Stored Goods. In the event of a claim to the loss or damage to the Stored Goods, the Storage Seeker must first claim its own insurance.
6.6. The Storage Seeker must only use the Storage Space for the purpose of temporary storing the Stored Goods in accordance with these Terms and must not attempt to use the Storage Space for any other purpose.
6.7. At the request of the Storage Provider or the Company, the Storage Seeker must remove the Stored Goods from the Storage Space. The request to remove the Stored Goods must be sent to the Storage Seeker via phone and/or email and/or mail. The Storage Seeker must be given a reasonable amount of time to travel to the Storage Space and remove the Stored Goods. The Company is not responsible and in no way liable for any cancellation or removal request.
6.8. The Storage Seeker agrees that the Company or the Storage Provider may search the Stored Goods to determine if there are any Prohibited Items.
6.9. The Storage Seeker agrees that if the Company or the Storage Provider becomes aware of any Prohibited Items being stored, then the Stored Goods can be removed and destroyed. In such events the Storage Seeker can make no claim against the Company or the Storage Provider.
6.10. The Storage Seeker agrees to reply to all messages, emails and phone calls from the Company or the Storage Provider, as soon as practicable ordinarily within 24 hours.
6.11. The Storage Seeker must remove all of the Stored Goods from the Storage Space before the end date of the booking. The end date of the booking is the final date for which the Service Fee has been paid. In the event that the Stored Goods are not removed from the Storage Space at the end date of the booking, the Storage Seeker agrees that this will result in the following;
a) the Company may extend your reservation and therefore charge you for the full daily cost of that Storage Space.
b) the Company may charge you a fee up-to AUD $100 in addition to the standard daily fees for the booking extension.
c) the Company may remove the Stored Goods from the Storage Space and relocate the Stored Goods to another location convenient to the Company.
d) the Company guarantee may become void and the Company and the Storage Provider may maintain no responsibility for the Stored Goods.
6.12. The Storage Seeker agrees that in the event that the Stored Goods have not been collected within 30 days of the booking end date, the Company has the right to charge the Storage Seeker’s original form of payment with a disposal fee of AUD $200 and subsequently dispose of the Storage Goods. In the event that the Storage Goods have been disposed, the Storage Seeker must not make any future claim against the Company in respect to the Stored Goods.
7.1. As a Service Seeker;
a) where the option is given to you, you may make payment for the Services (the “Service Fee”) by way of a third-party electronic payment system embedded in the Website. The payment system being used is Stripe (“Stripe”) and the user of this system is subject to the Stripe Connected Account Agreement , which includes the Stripe Terms of Service.
b) all payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
c) you acknowledge and agree that where a request for the payment of the Service Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Service Fee.
d) the Service Fee for all bookings must be paid using the booking system embedded on the Website. The Storage Seeker must never offer or attempt to pay the Service Fee or use of Storage Space with any payment method other than the booking system on the Website. Any breach of this clause may result in any or all of the following;
i. termination of all user accounts who been party to the breach;
ii. all users becoming ineligible to use any service offered by the Company;
7.2. As a Service Provider you agree that
a) The Company at its sole discretion reserves the right to change or modify the Service Fee whenever necessary and without any prior notice.
b) The Company at its sole discretion can limit to any extent the amount of Storage Space listed on the Website and the minimum and maximum duration of any booking.
c) The Storage Provider’s share of the fee (“ Provider Share”) is fixed as 40% of the Service Fee that the Storage Seeker pays for a booking and excludes any penalties or extra charges that may be applied after the booking has been made. The Company at its sole discretion reserves the right to change the amount allocated to the Provider Share whenever necessary and without giving any prior notice to the users of the Website.
d) The Company will not be responsible and liable for any taxes or deductions that the Storage Provider owes due to the earnings that the Storage Provider makes through from the Provider Share of the Service Fee.
e) The Company will pay the Provider Share on a monthly payment cycle. For each monthly cycle, the Company will pay the Storage Provider the Provider Share for all successfully completed bookings at all their listings on the Website for the monthly payment period, where the Service Seeker has paid for the Storage Space and recovered the Stored Goods, . The Company will transfer this amount via online transfer to the Storage Provider within 14 days of the prior end date.
f) The Company does not take responsibility for any delays in the transfer of the Provider Share earnings that have been caused by but not limited to the payment system, the Storage Provider’s bank details being inaccurate or a delay caused by a third party.
g) The Storage Provider agrees that the Provider Share related to canceled or modified booking may have significant delays before any transfer is made and that the Provider Share may not be covered in the normal monthly payment cycle.
h) The Service Fee for all bookings must be paid using the booking system embedded on the Website. The Storage Provider must never solicit or accept payment of the Service Fee via any payment method other than the booking system on the Website.
i. termination of all user accounts who been party to the breach;
ii. all users becoming ineligible to use any service offered by the Company;
iii. the Company will make no further payments to the Storage Provider and will retain all of the accumulated Provider Share that are to be paid in the current or future payment cycles;
iv. The Storage Provider is liable for, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
8.1. The Company guarantees to pay the Storage Seeker any amount up to AUD $1000 as compensation for loss or damage to the Stored Goods, subject to the limitations, exclusions and conditions in this clause.
8.2. This guarantee is not an offer to insure your property and is not a contract of insurance.
8.3. The Company recommends that all users carefully read the entirety of this clause before making any booking on the Website, to ensure that you do not do anything that may invalidate the Company guarantee (the “ Guarantee”).
8.4. You agree that the Company may decide in its sole discretion whether any claim under the Guarantee meets the terms of this clause 8, and any exclusions and limitations that apply, and that the Company’s decisions on such matters is considered as final and binding.
8.5. The Company reserves the right to withdraw or remove this guarantee at any time. Following the withdrawal or removal of this Guarantee, there will be no new claims considered. Any claims under the Guarantee which are already in progress (where the claim process mentioned below has been started) will still be considered.
8.6. The Company reserves right to modify the Guarantee at any time. The Company will put a message on the Website or send a message via email and your continued use of the Website and/or Services will indicate your acceptance of the modification. Any claim under the Terms will be considered in accordance with the version of the Guarantee that is in effect at the time of the claim being initiated.
8.7. In order to be eligible for any payment under the Guarantee, you must be compliant with all of the following conditions at all material times:
a) the loss or damage to the Stored Goods must have occurred during the period of validity of a booking;
b) the booking must have been fully paid and no penalties or additional fees applied to the booking due to failing to meet the original Terms of the booking.
c) you must be at least 18 years of age;
d) you must be a Storage Seeker of the booking giving rise to the claim;
e) you must make all bookings using the online booking system on the Website;
f) you must not have committed a material breach of any clause of these Terms;
g) you must have attempted to resolve the situation and recover your losses using all reasonable means;
h) where illegal activity is suspected or alleged, you must contact the police and follow the outcome of any investigation, making any claim for compensation to any insurer or body or third party that is available to you;
i) you must first make a claim or claims to all existing insurers that include without limitation any home and contents insurers or travel insurers. The claim or must be perused to the official conclusion of the claim process;
j) the Storage Seeker must not have received any form of compensation or payment of any from the Storage Provider, any insurer or any other party or any other third party in respect of the loss or damage for which you are claiming;
k) the Guarantee will not apply and your user status terminated where the Company discovers or has any reason to suspect that you are intending or attempting to abuse the Guarantee in any way, but not limited to dishonesty, omission or any other act that is not considered to be undertaken in good faith;
l) you must have never been involved in any fraudulent or any other activity related to false insurance claims or similar dishonesty or had any insurance policy cancelled or terminated due to your activity;
m) you must have never been excluded or refused from taking up a new insurance product for any reason relating to dishonesty, fraudulent or illegal activity;
n) you must not be trying to claim any loss or damage that has resulted in part or full due to any dishonest or illegal act or omission by you;
o) you must be prepared to disclose relevant communications with your insurance company or any other relevant party or third party at the request of the Company;
p) you must be prepared to obtain multiple independent quotes for repair or replacement of each item in the claim;
q) you must have not had any previous claim that was rejected by the Company;
r) your claim must be initiated no more than 7 days after the loss or damage occurred;
s) you can only make one claim per booking;
t) you must co-operate fully with any investigation and request made by the Company or any investigation or request made by a third party nominated by the Company;
8.8. If the Company’s reasonable opinion is that you are not fully compliant with any of the requirements in this clause, or if you cease to be compliant at any time during the process of making a claim under the Guarantee (for example but not limited to receiving an insurance payment or compensation from a third party of any kind), the Guarantee will not apply and there would be no payment made to you under the Guarantee.
8.9. Subject to all limitations, exclusions and conditions, the Company will pay any amount up to AUD $1000 per claim for the repair or replacement (at our discretion) for the Stored Goods that have been lost or damaged as a result of a qualifying loss. The value of each item will be considered as their actual cash value that is determined by the current market value minus wear and tear and excluding any sentimental value.
8.10. The failure to comply with the deadlines in this clause 8 will result in the Guarantee being invalidated and no longer applying to the booking. The Storage Seeker must notify the Company via email at email@example.com within 7 days from the date when the loss or damage occurred for which you wish to invoke the Guarantee. You must provide evidence of your identity, address, and loss or damage suffered as reasonably required by the Company or any third party nominated by the Company. Where any criminal damage, theft or other criminal or illegal activity is suspected, you must notify the police or relevant authority within 48 hours of discovery, and when you notify the Company you must provide a crime reference number (or equivalent reference number). We will contact you within a reasonable amount of time to advice you that;
a) your claim is invalid and not covered by the Guarantee for the reason(s) stated; or
b) your claim is on hold until the steps outlined in the response are taken and pursued to their complete conclusion. Ordinarily this means that the outcome of a claim against insurance or the result of a criminal investigation is required before the claim against this Guarantee is considered. It is your responsibility to follow up on these claims and/or investigations and notify the Company with any relevant updates within a reasonable timeframe; or
c) your claim is eligible for consideration under the Terms of the Guarantee and you have 7 days from receipt of our response to follow the steps below and submit your claim (the “Submitted Claim”);
i. a statement signed by you and witnessed by a person authorized to witness statutory declarations (e.g. a police officer, pharmacist, lawyer) where the statement confirms the information provided to the Company is true to the best of your knowledge and belief;
ii. a clear description of the loss or damage suffered, including dates, location(s), nature and cause of the loss or damage, proof of ownership for each item, date of acquisition, physical condition and supporting evidence such as receipts and quotes for repair;
iii. a statement providing the Company with the full details of every action that you have taken to try and resolve the matter. The statement must include without limitation the dates of each event, any negotiations with the other party to the booking, all claims against insurance policies and the result or progress of that claim, all police reports and all communications and responses to any party or third party;
iv. a statement as to whether any insurance policy or any other avenue of recovery may apply;
v. if there is any other avenue of recovery including but not limited to an insurance policy that exists but does not apply, then you must provide a statement detailing the reason as to why it does not apply. You must also provide a copy of the terms and conditions of that insurance policy or other avenue of recovery;
vi. if any other avenue of recovery does apply then evidence must be supplied to show the process of making a claim has been initiated and the claim has officially concluded or that the claim is still in progress. Where the other claim is still in progress your claim under this Guarantee will be put on hold until the official completion of the other claim;
8.11. Upon receipt of a Submitted Claim, the Company will evaluate the Submitted Claim and provide a decision within 90 days except in exceptional circumstances or any circumstance beyond its control. As part of its evaluation of the Submitted Claim, the Company may do any of the following in its sole discretion and you agree to use your best efforts to facilitate such activities:
a) require you to provide further details relevant to the claim;
b) require the parties involved in the booking to participate fully in independent mediation using the process outlined in the Dispute Resolution clause in the Terms;
c) obtain an independent valuation of any item or items included in the claim;
d) make requests for further information from the other party, the police or other authority, insurance companies or any other relevant third parties;
e) conduct interview(s) with any party involved in the booking or with any relevant third party or insurer;
f) inspect using any representative that the Company chooses to nominate any damaged items or any Stored Goods that was related to the booking;
g) pay a sum of money under the Guarantee, giving reasons for the decision;
h) refuse to pay any sum of money under the Guarantee, giving reasons for the decision;
8.12. The Guarantee does not cover or apply to the following:
a) any item that is damaged in transition or the Company at its sole discretion determines the item(s) have been damaged in transition. The phrase ‘damaged in transition’ includes without limitation damage that has occurred while the items are transitioned to and from the Storage Space or storing, packing and organiing the storage space at any time during the booking period.
b) damage to items or to the Storage Space which could have been avoided by taking additional care of the item(s) with more appropriate packaging;
c) damage that has resulted in part of full where the Storage Seeker failed to take reasonable measures to prevent such damage;
d) any single item that is valued at less than AUD $10;
e) currency, money, precious metal, keys, notes or securities, prototypes, jewelry, digital assets, digital works, cryptocurrency, works of art, antiques, collectables and any kind of document;
f) theft of or damage to any item when the Storage Seeker is unable or unwilling to provide proof of ownership of the item to the Company’s reasonable satisfaction using one or more of these methods;
i. proof of purchase of that item including but not limited to a receipt or invoice;
ii. a photograph or video showing the item where the date of that media before the date of the booking;
iii. any other evidence which demonstrates proof of ownership and/or value;
g) theft or malicious or criminal damage to items which has not been reported to the police within 48 hours;
h) any Stored Goods where there is the presence or of Prohibited Item(s);
i) where the Company can reasonably suspect there is at their own discretion the presence of any Prohibited Item(s) in the Stored Goods at any time during the booking;
j) damage that can be reasonably considered as ordinary wear and tear;
k) any injury, illness or death arising out of the booking;
l) any loss or damage caused directly or indirectly by an event of force majeure including without limitation earthquake, tornado, tsunami, storm, adverse weather conditions, natural physical disasters, bush fire, power failures, epidemics, riot or civil disorder, war, acts of terrorism, or acts of God;
m) any loss or damage that has been suffered in part of full as a result of the theft and / or misuse of personal data or identity;
n) non-payment of any part of the Service Fee or any other monies owed by the Storage Seeker to the Company; or
o) indirect losses of any kind, including without limitation loss of profit, goodwill, or business.
9.1. The Storage Seeker may cancel their booking and get a full refund where the check-in time of their booking is 48 hours or more from the time that the Company has been notified in writing.
9.2. The Storage Seeker must notify the Company for any booking cancellation request by sending an email to the Company at firstname.lastname@example.org.
10.1. The Website, the Services and all of the related products of the Company are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by the Company or its contributors.
10.2. All trademarks, service marks and trade names are owned, registered and/or licensed by the Company, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
a) use the Website pursuant to the Terms;
b) copy and store the Website and the material contained in the Website in your device's cache memory; and
c) print pages from the Website for your own personal and non-commercial use.
10.3. The Company does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by the Company.
10.4. The Company retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
10.5. You may not, without the prior written permission of the Company and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
12.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
12.2. Subject to this clause, and to the extent permitted by law:
a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
b) the Company will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
12.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of the Company make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of the Company) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
c) costs incurred as a result of you using the Website, the Services or any of the products of the Company; and
d) the Services or operation in respect to links which are provided for your convenience.
13.1. The Company's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
13.2. You expressly understand and agree that the Company, Storage Providers, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
14.1. The Terms will continue to apply until terminated by either you or by the Company as set out below.
14.2. If you want to terminate the Terms, you may do so by:
a) providing the Company with 7 days' notice of your intention to terminate;
b) closing your accounts for all of the Services which you use, where the Company has made this option available to you;
c) sending a written notice to the Company using email@example.com.
14.3. The Company may at any time, terminate the Terms with you if:
a) you have breached any provision of the Terms or intend to breach any provision;
b) the Company is required to do so by law;
c) the provision of the Services to you by the Company is, in the opinion of the Company, no longer commercially viable.
14.4. Subject to local applicable laws, the Company reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts the Company's name or reputation or violates the rights of those of another party.
15.1. You agree to indemnify the Company, Storage Providers, affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Services
b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
c) any breach of the Terms.
16.1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
16.2. A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
16.3. On receipt of that notice ('Notice') by that other party, the parties to the Terms must:
i. within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
ii. if for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
iii. The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
16.4. All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
16.5. If 1 month has elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
All parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.