This User Agreement contains the terms and conditions that govern the use of our services at www.StoreroomRental.com.au (the "Site") by any person or entity (“Users” or “You”), including without limitation those wishing to advertise space to rent(“Owners”) and those wishing to rent ideal spare space(“Renters”). If You have any questions, please direct them to: CustomerService@StoreroomRental.com.au
We may amend this Agreement at any time at our discretion by posting the amended terms on our Site. Any amendments made to the User Agreement will be notified on the News section of the Site. All amendments to the terms of this Agreement shall automatically be effective 40days after they are posted on our Site, save for amendments to the Fees and Credit Card Policy which are governed by clause 2 of this Agreement.
1. Eligibility for Use of Our Site
Our services are available only to, and may only be used by, individuals and entities who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age or to Users whose use of the Site has been temporarily or indefinitely suspended or terminated. If You do not qualify, please do not use our services or this Site. Users’ storeroomrental.com.au accounts (including feedback) and User ID’s may not be transferred or sold to another party.
2. Fees and Services
Joining storeroomrental.com.au is free. When Owners advertise space for rent they have an opportunity to review and accept the fees that they will be charged for the use of our services. Our Fees are a one-off $15+GST listing fee per storage space. This is payable via secure credit card payment system at the time of listing or on account to approved advertisers. Our Fee may change at any time however this will not affect Owners who have already paid for their listing. Changes to the fees will be effective 30 days after they are initially posted on our Site.
Our Fees and Credit Card Policy is incorporated into this User Agreement by reference. We may change our Fees and Credit Card Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide You with at least fourteen (14) days' notice of the changes by posting the changes on the News section of the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on our News section of the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees associated with using our services and our Site, and all applicable taxes (including GST, which will be added to amounts due).
3. Online Portal and Information Control
All Users acknowledge and agree that at all times storeroomrental.com.au acts as a passive conduit, and/or innocent disseminator, of information published or communicated by Users.
You are responsible for all transactions You participate in (including monitoring the status and complying with all relevant legal obligations). We do not control, endorse or approve the storage spaces listed on the Site or any transactions arising from the use of this Site. You may find other Users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences.
4.1 Listing Description:
Owners must be legally able to rent out spare space advertised on our Site. Owners must describe their storage space and all terms of lease on the listing page of our Site. Listings may only include text descriptions, graphics, pictures and other content relevant to leasing the space. All listed items must be listed in an appropriate category.
Without limiting any other remedies available to storeroomrental.com.au at law, equity or under statute or this Agreement, storeroomrental.com.au may, in its sole and absolute discretion, suspend or terminate User’s accounts if we suspect that they have engaged in fraudulent activity in connection with our Site. Storeroomrental.com.au reserves the right to blacklist User’s property/s from future listing on the Site.
5. Your Information
"Your Information" is defined as any information you provide to us or other users in the registration or listing process, in any public message area (including the Contact or the feedback area) or through any email feature. Your Information includes the descriptions of the storage space including its address and owners contact details that are displayed on our Site as well as any content you post on other web pages within our Site. You are solely responsible for Your Information and we act as a passive conduit for your online distribution and publication of Your Information.
Your Information (including but not limited to any storage space/s listed) must not:
• be false, inaccurate or misleading;
• be fraudulent or involve the list of storage space/s without authority from the owner;
• violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws);
• be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
• be obscene or contain pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, shall be distributed only to people legally permitted to receive such content.
• contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992;
• contain any viruses, Trojans, worms, time bombs, cancelbots, or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
• create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
• be concurrently listed for lease on a web site other than storeroomrental.com.au (this does not prevent linking to or advertising a storeroomrental.com.au item from another web site); or
Solely to enable storeroomrental.com.au to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
6. Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to storeroomrental.com.au by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior express written permission of storeroomrental.com.au or the appropriate third party authorised to grant such permission.
If we consistently receive negative feedback about any User, User’s use of the Site may be suspended or terminated at our sole and absolute discretion
Without limiting other remedies available to storeroomrental.com.au at law, in equity or under statute or this Agreement, we may, in our sole and absolute discretion, immediately issue a warning, temporarily or indefinitely suspend or terminate Your use of the Site if:
• we are unable to verify or authenticate any information You provide to us; or
• we believe that Your actions may cause legal liability for You, our Users or us.
10. No Warranty
We and our suppliers provide our Site and services on an "as is" basis. To the fullest extent permitted by law, any terms, statements, representations, warranties and conditions, whether express or implied, under law, equity or statute, as to merchantability, fitness for a particular purpose and non-infringement of any rights, are expressly excluded.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control.
11. Liability Limit
In no event shall we or our officers, agents, employees, related entities or suppliers be liable for lost profits or any special, incidental or consequential damages or loss arising out of or in connection with our Site, our services or this Agreement, howsoever and whenever arising, whether arising under law, equity, statute or otherwise. You accept sole responsibility (to the exclusion of us) for all of Your acts and omissions. We are not a party to, and accept no responsibility for, any agreement between You and other Users.
To the fullest extent permitted by law, our liability and the liability of our officers, agents, employees, related entities and suppliers, to You or third parties is limited to the greater of the amount of fees You pay to Us in the 12 months prior to the action giving rise to liability; and $100.
12. Release and Indemnity
All Users forever release and indemnify storeroomrental.com.au (and our officers, agents, employees, related entities and suppliers) from and against all claims, demands, proceedings, liability, costs and damages (including without limitation actual, special, direct, indirect and consequential damages, regardless of whether we have actual or constructive knowledge of same) of every kind and nature, arising from or related to the Site and/or any arrangements between Users (“Claims”). Such release and indemnity includes , without limitation, all Claims under common law, equity, statute or otherwise, including Claims arising from or relating to: negligence or tort; any damage, death or injury to any person or property; any alleged or actual infringement of any person’s or entity’s rights (including intellectual property rights); the truth or accuracy of any information published on the Site or communicated by Users; the good standing, honesty, responsibility or credit worthiness of any Users; the breach of this Agreement by any person or entity;.
All Users must obtain their own independent legal, financial and other advice, and shall make and rely solely upon their own enquiries and investigations as to: the nature and effect of this Agreement; information published or communicated via the Site; the use of this Site; and any User or proposed transaction with any User (including its effect, if any, on their insurance policies). Storeroomrental.com.au provides advertising services only, and has no relationship beyond that with Users, or any involvement in agreements between Users notwithstanding that such agreements may have arisen following use of this Site.
13. Legal Compliance
14. No Agency
You and storeroomrental.com.au are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as expressly authorised in writing by Us otherwise, any notices to Us shall be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to National Corporate Services Pty Ltd; P.O. Box 222, Manly , NSW 2095 Australia, Attention: General Manager or CustomerService@StoreroomRental.com.au. We may give You notice by certified airmail, postage prepaid and return receipt requested, to the address provided to Us by at any time. Any notice shall be deemed given (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For purposes of this section, "Business Day" means a day on which banks are open for general business in Sydney, NSW, other than a Saturday, Sunday or public holiday.
Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to an Australian based commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.
This Agreement shall be governed in all respects by the laws of the State of New South Wales, Australia. All Users of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of NSW, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by storeroomrental.com.au, in our sole and absolute discretion. Headings, and information contained in Frequently Asked Questions” pages, are for reference purposes only and in no way define, limit, construe or describe the scope or extent of this Agreement. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against Us solely because we prepared it. This Agreement and the terms and conditions incorporated herein set forth the entire understanding and agreement between Us and Users with respect to the subject matter hereof.
Disputes between You and storeroomrental.com.au regarding our services may be reported to Customer Service. We encourage You to try and resolve disputes with other Users directly with them, and to use a certified mediation or arbitration entity or report disputes to Your local police or law enforcement agency as appropriate.
UNSOLICITED EMAIL POLICY (SPAM)
storeroomrental.com.au does send emails to Users based upon Your notification preferences. If You are receiving email from storeroomrental.com.au that You would rather not receive, please review Your preferences and make any desired changes. If, after You confirm that Your preferences are updated (understanding that it may take a few weeks for the mailing lists to be updated), You still receive email from storeroomrental.com.au that You would rather not have, please report the email to Us and we will investigate the situation.
Email sent from someone attempting to impersonate storeroomrental.com.au.
Be cautious of emails that ask You to submit personal information such as Your credit card number or Your storeroomrental.com.au password. Some people attempt to gain access to other peoples personal information through email solicitations that are made to appear as having come from legitimate companies and websites. These solicitations will often contain links to web pages that will request that You sign-in and submit information. These are 'spoofed' emails or Websites. Remember, storeroomrental.com.au employees will never ask You for Your password including through an email.
If You receive or suspect You have received such an email, do not respond to it or click the links. Please immediately send Us a copy of this email.
PUBLISHING PERSONAL INFORMATION
All contact information acquired during the course of a storeroomrental.com.au transaction is considered private and may not be published on any online public area including the following:
• Web pages
• Online forums
• About me pages
• Board Posts
• Feedback Comments
storeroomrental.com.au considers the following information personal and private:
• Phone number
• Email address
• Note: User ID's are not considered personal contact information
• How to report a violation of this policy:
• Send Us an email via the web form link below, and please provide:
• URL of the site in question (Personal websites, About Me pages)
• Email from newsgroup with full headers (Newsgroups)
• URL linking to the post, the subject line of the post in question, and an actual copy of the post (Board Posts)
If the contact information is in a feedback comment, please review our Feedback Removal Policy and report the comment to us.
Disciplinary action may result in the indefinite suspension or termination of a User's account, temporary suspension, or a formal warning.
Effective Date – 1st January, 2009