This agreement outlines the terms and conditions of self-storage at this facility, where We licence spaces to customers for the purpose of storing goods. As a business we must abide by various laws and regulations and by extension, this agreement requires that You also comply with all applicable laws. This agreement also helps maximise the safety of our customers and the security of the Facility.
In this Agreement:
1.1 Definitions
Account means Your account with Us in respect of this Agreement.
Agreement means this standard self-storage licence agreement, including the Schedule and any applicable Specific Terms.
Alternative Contact Person or ACP means the alternative contact person that You specify in the Schedule.
Associate means the ACP, Your agent and/or a third party:
a. who enters the Space (or the Facility) at Your request, invitation or direction; or
b. whose entry to the Space (or the Facility) was facilitated by any of Your acts or omissions, including, but not limited to, the provision of a key, access card, codes or Bluetooth-enabled device; or
c. who gains unauthorised entry to the Space (or the Facility) due to the Space (or Facility) being left unsecured, either deliberately or negligently, by You.
Australian Consumer Law means the Australian Consumer Law which is contained inthe Competition and Consumer Act 2010 (Cth).
Bluetooth means a short-range wireless technology standard that is used for exchanging databetween fixed and mobile devices over short distances.
CCTV means any type of visual surveillance device used for security purposes, including cameras that relay to a screen or monitor, and usually results in recordings. For the purpose of this Agreement,this incorporates any other surveillance and recording technology operated for safety and security purposes.
Default means a breach of this Agreement.
Default Action means any of the actions described in clause 13 (Consequences of Default).
Default Action Costs means our reasonable costs of enforcing this Agreement due to Your Defaultsuch as, without limitation, the costs of:
a. inspecting the Space;
b. conducting an inventory of Goods;
c. the sale or disposal of Goods;
d. cleaning the Space;
e. recovering any overdue Fees and other amounts due, including costs of debt collectionservices;
f. postage and/or courier; and/or
g. any other action required or permitted under this Agreement (including the giving of anotice to You).
Direct Debit means an automatic recurring payment of the Storage Fees debited by Us from Yournominated bank account, debit or credit card on Your Scheduled Payment Date or as otherwiseagreed.
Facial Identification refers to 'one-to-many' matching and involves determining whether a facematches any biometric template in a database.
Facial Recognition Technology or "FRT" involves the collection of a digital image of an individual'sface and the extraction of their distinct features into a biometric template. The biometric template isthen compared against one or more pre-extracted biometric templates for the purpose of FacialVerification or Facial Identification.
Facial Verification refers to 'one-to-one' matching and involves determining whether a face matchesa single biometric template.
Facility means the self-storage facility location specified in the Schedule and comprised of thepremises owned or controlled by Us, including the land, buildings and any fixtures.
Facility Rules means the rules of conduct, any operational rules and occupational health and safetyprocedures at the Facility as published on Our website and/or displayed at the facility.
Fees means, collectively, the fees described in clause 3.
Fixed Period means either:
a. the fixed storage period specified in the Schedule; or
b. where no such period is specified, the minimum storage period of 1 month commencing onthe date of this Agreement.
Goods means the goods that are subject to this Agreement.
GST means any goods and services tax imposed by the A New Tax System (Goods and Services Tax)Act 1999 (Cth).
Indemnified Party means Us and Our directors, employees, contractors, subcontractors and agents.
Late Payment Fee means the late payment fee and accrual set out in the Schedule.
Other Fees includes any of the fees (whether for administration of Your Account, cleaning, pestcontrol or emergency or security service call-out caused by You or Your Associate) set out in theSchedule, Default Action Costs and/or any other fees reflecting Our incurred costs that Wedetermine are chargeable to You and of which We advise You in writing.
Permitted Use means storage of Goods and/or other use, subject to and compliant with allapplicable laws, for which We have given You express prior written approval. Charging of lithiumbatteries is not permitted.
Personal Information means information or an opinion (including information or an opinion formingpart of a database) that is recorded in any form and whether true or not, about an individual whoseidentity is apparent, or can reasonably be ascertained, from the information or opinion or asotherwise defined in the Privacy Act 1988 (Cth).
PPSA means the Personal Property Securities Act 2009 (Cth).
Privacy Policy means Our Privacy Policy published on Our website and/or displayed at the facility.
Prohibited Goods includes, without limitation, goods that are hazardous, dangerous, illegal, stolen,flammable, explosive, environmentally harmful, perishable, living, or that can pose a risk to anyperson or property. E-scooters, e-bikes and similar micro-vehicles are not permitted to be stored,regardless of battery condition. In addition, lithium batteries - or items containing them - that havebeen altered, modified or damaged are prohibited. Storing quantities of lithium batteries beyondnormal personal / household use is also not permitted.
Personal use is defined as goods that are normally bought for personal or household use.
Schedule means the schedule to this Standard Self Storage Licence Agreement containing Your andOur details, among other things.
Scheduled Payment Date means the recurrent agreed date that the Storage Fee is due under thisAgreement (being no later than the date specified in the preceding month as set out in the 'Charges& Fees' section in the Schedule), or such other date as otherwise agreed by the parties in writing.
Security Deposit means the security deposit amount specified in the Schedule.
Service means any service offered by Us, including the managed storage, storage room, mobilestorage, vehicle storage, shipping container and/or trailer hire services, as the case may be.
Space means the storage space licenced to You within the Facility under this Agreement andspecified in the Schedule or any other storage space as may be subsequently allocated to You by Usin accordance with sub-clause 20(b) (Variation).
Specific Terms means the specific terms applicable in respect of each relevant Service as publishedon Our website and/or displayed at the facility.
Storage Fee means the periodic storage fee specified in the Schedule or as otherwise agreed in writing.
Storage Period means the Fixed Period, any holding over period under sub-clause 2(c) and/or anyfurther period agreed by the parties in writing.
StorerCheck means the database set out at https://storercheck.com.au/ (or such other URL as maybe advised by Self Storage Association of Australasia on its website from time to time).
Termination Notice Period means the termination notice period specified in the Schedule or, where no such period is specified, the termination notice period is 14 days from the date on which the Facility Operator or the storer gives written notice to the other party of its intention to terminate this Agreement
Uncollected Goods Legislation means the Australian Consumer Law and Fair Trading Act 2012(Vic), Uncollected Goods Act 1995 (NSW), Disposal of Uncollected Goods Act 1967 (Qld), UnclaimedGoods Act 1987 (SA), Disposal of Uncollected Goods Act 1970 (WA), Uncollected Goods Act 2004(NT) and Uncollected Goods Act 1996 (ACT), as applicable to the jurisdiction in which the Facility is located.
Unforeseen Event includes fire, flood, earthquake, storm or another event outside of any party's reasonable control adversely affecting the access to or use of the Space or any part of the Facility.
We or Us means the person specified in the Schedule as the Facility Operator (or any of Oursuccessors or assigns).
You means the person (which may be one or more persons, as applicable, and may include a naturalperson, body corporate (partnership or trust) specified in the Schedule as the storer. Where Youspecify two or more legal persons in the Schedule as the storer, each of those persons is jointly andseverally liable as a party under this Agreement.
1.2 Interpretation
In this Agreement:
a. the singular includes the plural and vice versa;
b. the meaning of general words is not limited by specific examples introduced by words like‘including’, ‘for example’, ‘such as’ or similar expressions;
c. a reference to any document, policy or legislation includes all amendments, consolidationsor replacements (and all regulations or instruments issued under it, if any);
d. time limits under this Agreement (including any notice issued under this Agreement) mustbe strictly complied with by all parties;
e. a reference to a time or date in connection with the performance of an obligation by a partyis a reference to the time and date in the city in which the Facility is located;
f. a reference to a business day is a reference to a day on which businesses are ordinarily open for business in the city in which the Facility is located excluding Saturday, Sunday and any gazetted public holidays in that city;
g. neither this Agreement nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for its drafting; and
h. each party will exercise reasonably any powers (including discretion, opinion or belief) conferred on it under this Agreement.
