1. INTRODUCTION
    1. This Website with URL address https://matesplace.com.au is owned and operated by Mates Place Storage (ABN: 87 321 762 385). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Mates Place Storage’s relationship with you in connection with this website.
    2. These terms expressly supersede prior agreements or arrangements with you and are subject to change without prior notice. Mates Place Storage may immediately terminate these terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Should you not agree with any of these terms and conditions, please do not use our website.
  2. THE SERVICE
    1. The Services provide an online platform or marketplace and related services for Users to list, quote, arrange and schedule a booking of Storage Space and associated logistics under these terms.
  3. DEFINED TERMS
    1. In these terms and conditions:
      ‘MPS’ or ‘us’ or ‘our’ or ‘we’ refers to Mates Place Storage, the owner/s of the website, whose registered office is 59 Dixon St Mount Druitt, New South Wales, 2770.
      ‘you or ‘your’ ‘parties’ or ‘User’ means the person using our services, or visiting our Website.
      Website means this website only, and does not include any other websites operated by parties, even if such websites are linked to or from this website.
      Host means the person advertising Storage Space through the Website and providing a Storage Space in order for the Storer to store their goods or property.
      ‘Storage Space’, ‘Space’ or ‘place’ means but not limited to physical space at the Host’s address, a unit, covered garage or warehouse, hay shed, stock holding, yard, machinery shed, shearing shed, silo, apartment parking or garages etc.
      Storer means the person utilising a Storage Space to store items belonging to them or under their possession.
      Listing means an advertisement on the Website offering Storage Space for the store goods.
      Terms means a Mates Place Storage’s Website terms of use and condition.
      Listing means an advertisement or post on the Website seeking or offering a Storage Space to store goods or property.
      Initial Storage Period means 14 days from the commencement of the first day of storage.
      Storage Fee means the Listing price applied by a Host for the use of a Storage Space and is not based on square metre measurements.
      MPS’s Commission means the fee for services rendered by MPS calculated as 10% of the Storage Fee (excluding GST and other additional charges) of the Host’s Fee.
  4. YOUR ACCOUNT
    1. To access and use the Services, you need to register with us and set up an account with your email address and a password (your “Account”). Account registration requires you to submit to MPS certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by MPS.
    2. The email address you register with will be your contact email address, and you warrant that all identity documents you provide are complete, current and accurate. You undertake to notify us of any changes to these identity documents within 48 hours (for example, changing your name or contact address).
    3. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. We reserve the right to close your account at any time for any reason including, but not limited to defaults, repossession and/or activities in breach of our guidelines or terms of use.
  5. USER OBLIGATION
    1. By using the Services, you agree;
      1. to rely upon no representations, oral of otherwise, other than those contained in these terms
      2. that by Listing an offer, you assume full responsibility for the content of the listing
      3. that each Listing is an offer to enter a legally binding Contract with the other User. If a User accepts the proposed terms of the Listing, the other User must respond within 48 hours. In the absence of response, the request is considered rejected. If a User accepts the booking, the Contract is confirmed and the Fee are deducted accordingly.
      4. to never insist, ask, or insinuate to the other User that you will pay any or all of the Storage Space Fees directly to them with a check, cash, or any payment method other than by our secure third-party online electronic payment gateway, Stripe;
  6. STORAGE OBLIGATION & ACCESS
    1. The Storer;
      1. has the right to store Goods in the Space allocated to the Storer by the Host;
      2. is deemed to have knowledge of the Goods in the Space;
      3. 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 these terms;
      4. warrant and represent that you are not seeking storage of Prohibited Goods and will not use the Space for any unlawful purpose other than for the storage of personal property and will not will use the Space solely for the purpose of storage and shall not carry on any business or other activity in the Space;
      5. must not attach nails, screws etc. to any part of the Space, damage or alter the Space without the Host’s consent;
      6. must not do anything that will interfere with the Host’s reasonable enjoyment of the rest of the premise;
      7. has the right to access the Space during Access Hours as posted by the Host and subject to these terms;
      8. subject to the agreed event of an emergency, the Storer consents to inspection and entry of the Space by the Host provided that the Host gives 10 business days written notice;
      9. will be solely responsible for the securing of the Space and shall so secure the Space at all times when the Storer is not in the Space in a manner acceptable to the Host, and where applicable will secure the external gates and/or doors of the Storage Space. The Storer may be permitted to apply a padlock to their Space in the Host’s overlocking position;
      10. must give Notice to the Host in writing of the change of address, phone numbers or email address of the Storer or the Alternate Contact Person (“ACP”) within 48 hours of any change;
      11. grants the Host entitlement to discuss any default by the Storer with the appointed “ACP”
    2. The Host:
      1. does not have and will not be deemed to have, knowledge of the Goods
      2. is not a bailee nor a warehouseman of the Goods and the Storer acknowledges that the Host does not take possession of the Goods;
      3. may refuse access to the Space by the Storer where moneys are owing by the Storer to the Host, whether or not a formal demand for payment of such moneys has been made;
      4. will not be liable for any loss or damages suffered by the Storer resulting from an inability to access the Space, regardless of the cause;
      5. may dispose of the Storer’s Goods in the event that Goods are damaged due to fire, flood or other event that has rendered Goods, in the opinion of the Host, severely damaged, of no commercial value, or dangerous to the Storage Space, any persons, or other Storer’s and/or their Goods. The Host does not need the prior approval of the Storer to take this action but will send Notice to the Storer within 7 days;
      6. agrees that in the event of an emergency where the property, the environment or human life is, in the opinion of the Host, threatened, the Host may enter the Space using all necessary force without the written consent of the Storer, and the Host shall notify the Storer as soon as is practicable;
      7. must provide any one or all of the two (2) types of access for any Listing:
        1. full private access, thus giving the Storer full access to the Storage Space; and/or
        2. partial access, thus giving the Storer full right to access the Storage Space during Access Hours as posted by the Host and subject to these terms
  7. PLATFORM LIMITATIONS
    1. To use the Services, you must be over 18 years old. You may not assign or otherwise transfer your Account or these terms to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You agree that you will post in the appropriate category or area and you agree that you will not do any of the following prohibited activities:
      • violate any laws or the Posting Rules;
      • post any threatening, abusive, defamatory, obscene or indecent material;
      • be false or misleading;
      • infringe any third-party right;
      • distribute or send communications that contain spam, chain letters, or pyramid schemes;
      • distribute viruses or any other technologies that may harm MPS, the Services or the interests or property of MPS Users;
      • copy, modify, or distribute any other person’s content without their consent;
      • use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;
      • harvest or otherwise collect information about others, including email addresses, without their consent;
      • bypass measures used to prevent or restrict access to the Services.
  8. PROHIBITED GOODS
    1. You must not use our Website or access the Services to store or cause storage for any of the following items:
      • irreplaceable such as currency, jewelry, furs, deeds, paintings, curios, works of art and items of personal sentimental value
      • Toxic, polluted or contaminated goods; firearms, munitions, weapons or explosives; radioactive materials; flammable or hazardous goods; living plants or animals;
      • food or perishable goods (unless frozen food to be stored in a deep freezer); anything damp, mouldy, rotten or infested with or damaged by parasites; any item which emits any fumes or strong odour;
      • cash and securities; stolen or illegal goods; waste;
      • items that are a risk to the property of any person or any item whose presence would invalidate any insurance policy which would otherwise cover the items or the storage space.
  9. DISCLAIMER, LIMITATION OF LIABILITY
    1. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
    2. The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other Users post or do. As most of the content on the Services comes from other Users, we do not guarantee the accuracy of postings or User communications or the quality, safety, or legality of what is offered.
    3. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent legally permitted, we do not give any promises or warranties (whether express or implied) about the availability of our Services. Notification functionality in our Services may not occur in real time.
    4. In no event do we accept liability for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
    5. To the extent legally permitted we disclaim all warranties, representations and conditions, express or implied, including those of merchantable quality, durability, fitness for a particular purpose and those arising by statute. To the extent legally permitted, we are not liable for any loss, whether of money (including profit), goodwill, or reputation, cost or expense including legal costs and expenses or any special, indirect, or consequential damages arising out of your use of the Services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
    6. Without limiting clause 9.5, if we are found to be liable by the courts of New South Wales, our liability to you or any third party (whether in contract, delict, negligence, strict liability, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months before the action giving rise to liability, and (b) AUD$100.
    7. We will not be liable to you for any damages, losses (including, without limitation loss of profits, business or data), costs or expenses of any kind, which arise out of, or result from, any use of, or inability to use, this Website or any other Website that is linked to this Website.

      Links to Other Websites

    8. We are not responsible for, and have no knowledge of, or control over the content of, any other websites linked to this Website. Links to other websites are provided solely to assist your easy connection to those websites. We do not sponsor or endorse, or accept any liability for the content of those linked websites, and the use of any information on any linked Website is at your sole risk.

      Fraud

    9. Any party engaged in illegal activities involving the use of this Website will be subject to Australian civil and criminal sanctions and prosecution. MPS does not guarantee that it will be able to prevent any illegal or inappropriate use of this website, nor that it will give notice of any illegal or inappropriate use of this website. It is an illegal violation to book a Storage Space or any orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. All Users found to have placed a fraudulent order will be prosecuted.
  10. RISK AND RESPONSIBILITY
    1. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
    2. The Goods are stored at the sole risk and responsibility of the Storer who shall be responsible for any and all theft, damage to, and deterioration of the Goods, and shall bear the risk of any and all damage cause by flood or fire or 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 whatsoever including acts or missions, negligent deliberate or otherwise, of the Host or persons under its control.
    3. The Storer agrees to indemnify and keep indemnified MPS from all claims for any loss of or damage to the property of, or personal injury to, third parties resulting from or incidental to the use of the Storage Space by the Storer, including the storage of Goods in the Space.
    4. The Storer acknowledges and agrees to comply with all relevant laws, including Acts and Ordinances, Regulations, By-laws, and Orders, as are or may be applicable to use of the Space. This includes laws relating to the material which is stored, and the manner in which it is stored. The liability for any and all breaches of such laws rests absolutely with the Storer, and includes any and all costs resulting from such a breach.
    5. If the Host has reason to believe that the Storer is not complying will all relevant laws the Host may take any action the Host believes to be necessary, including action outlined in Clauses 16 & 18, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at the Storer’s expense.
  11. INSURANCE RESPONSIBILITY
    1. We do not provide insurance and disclaim liability for damage or loss to your Storage Space or stored goods. If you want to insure your property against loss due to the above perils, you must provide your own insurance. Each User is solely responsible for selecting, obtaining and understanding its required insurance and assuring that such insurance is adequate to protect the User.
  12. PRIVACY
    1. We recognise the importance of safeguarding your personal information. Our Privacy Policy explains how we treat your personal information and protect your privacy when using our services. By using this Website, you acknowledge that you accept the terms of our Privacy Policy.
  13. COOKIES
    1. This Website uses cookies to monitor browsing preferences so as to make the Website more User-friendly the next time that User visits the website. If you allow cookies to be used, your following personal information such as name, date of birth, address may be stored by us for future use. By using the Services, you agree to the collection, transfer, storage and use of your personal information by MPS.Trademarks, Copyrights and Restrictions
    2. When you give, upload or submit any content to us, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise any and all copyright, trademark, publicity and database rights.
    3. This Website contains material which is owned by or licensed to us. All material on this site, including, but not limited to images, logos and illustrations, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by MPS and its related companies. Such material may not be copied, republished, reproduced, uploaded, modified, transmitted, posted, or distributed in any way without the consent of MPS.
    4. Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark. We can remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is to contact us outlining your claim of copyright infringement.
  14. TERMINATION
    1. Either User may terminate this Agreement at any time after the Initial Storage Period by giving not less than 14 days’ notice to the other. In the event of illegal or environmentally harmful activities on the part of the Storer the Host may terminate the Agreement without Notice. The Host is entitled to retain on a pro-rata basis part or all of any deposit paid, or any Storage Fees paid in advance in lieu if less than 7 days’ Notice is given by the Storer. Upon termination, the Storer must remove all Goods in the Space and leave the Space in a clean condition and in a good state of repair to the satisfaction of the Host on the date specified.
    2. The Storer must pay any outstanding monies and any expenses on default or other monies owed to the Host up to the date of termination, or the default clause 17 may apply. Any calculation of the outstanding fees will be by the Host and such calculation will be final. If the Host enters the Space for any reason and there are no such Goods stored therein, the Host may terminate the Agreement without giving prior Notice, and the Host will send Notice to the Storer in writing within 7 days.
    3. The User’s liability for outstanding monies, property damage, personal injury, environmental damage and legal responsibility under these terms continues to run beyond the termination of these terms.
  15. PAYMENT
    1. All prices on our Website are listed in Australian dollars (AUD), and our services attract a Goods and Services Tax (GST) of 10%.
    2. We offer a range of options to pay your account without using your credit card, including by cash, cheque, direct debit and EFTPOS. To register or find out more about Direct Debit, talk to one of our staff for more details.
    3. All financial transactions between the parties will be processed by a third-party online electronic payment gateway (“Stripe”) embedded in the website. The Storer is responsible to pay for the following:
      1. Deposit (which, when applicable, will be refunded within 30 days of termination of these terms); and/or
      2. MPS’s Commission and administration Fee;
      3. Transaction Fee which is the amount Stripe charges for each transaction at a rate of 2.9% plus $0.30 or as determined from time to time and subject to Stripe’s terms and conditions found at https://stripe.com/payment-terms/legal;
      4. Storage Fee which is the amount payable in two weeks advance and it is the Storer’s responsibility to see that payment is made directly to MPS on time, and in full, throughout the period of storage. Any Storage Fees paid by direct deposit/direct credit will not be credited to Storer’s account unless the Storer identifies the deposit clearly and as directed by MPS. MPS is indemnified from any claim for enforcement of these terms due to the Storer’s failure to identify a deposit, including the sale of Goods;
      5. Repair or Cleaning Fee which is payable at MPS’s discretion. You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Storage Space resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Repair or Cleaning request is verified by MPS in our reasonable discretion, we reserve the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts will be transferred by MPS to a Third-Party Provider, if applicable, and are non-refundable;
      6. Late Payment Fee which is payable at Host’s discretion each time a payment is late;
      7. Cancellation Fee which is payable each time a Storage Space booking is cancelled within seven (7) days of commencement of storage;
      8. any costs incurred by the MPS in collecting late or unpaid Storage Fees, or in enforcing these terms in any way, including but not limited to postal, telephone, debt collection, personnel and/or the default action costs;
    4. The Storer will be responsible for payment of any government taxes or charges (including any goods and services tax) being levied on these terms if necessary.
  16. CANCELLATION & REFUND
    1. Either User may cancel the booking without penalty at least seven (7) days prior to the commencement of the storage period and MPS will cancel any credit card pre-authorized charges and/or refund any amounts charged to your credit card in connection with the booking. Cancellation made within seven (7) days of commencement of storage period will incur a cancellation fee equivalent to 14 days of Storage Fees.
  17. DEFAULT
    1. Notwithstanding the termination under clause 14, the Storer acknowledges that, in the event of the Storage Fee, or any other moneys owing under these terms, not being paid in full within 42 days of the due date, the Host may, without further notice, enter the storage space, by force or otherwise, retain the Deposit and/or sell or dispose of any Goods in the Storage Space on such terms that the Hosts may determine. For the purposes of the Personal Property Securities Act 2009, the Host is deemed to be in possession of the Goods from the moment the Host accesses the storage space.
    2. The Storer consents to and authorises the sale or disposal of all Goods regardless of their nature or value. The Host may also require payment of default action costs, including any costs associated with accessing the Storer’s Storage Space and disposal or sale of the Storer’s Goods.
  18. RIGHT TO DUMP:
    1. If, in the opinion of the Host and entirely at the discretion of the Host, a defaulting Storer’s Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, the Host may dispose of all Goods in the Storer’s Space by any means.
    2. Upon Termination of the Agreement under clause 14 by either the Storer or the Host, in the event that a Storer fails to remove all Goods from their Storage Space the Host is authorised to dispose of all Goods by any means 14 days from the Termination Date, regardless of the nature or value of the Goods.
    3. Any items left unattended in common areas or outside the Storer’s Space at any time may at the Host’s discretion be sold, disposed, moved or dumped immediately and at the expense and liability of the Storer.
  19. INDEMNITY
    1. You  agree to indemnify and hold harmless MPS  and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation.
    2. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
  20. RELEASE
    1. If you have a dispute with one or more MPS users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
  21. MEDIATION OF DISPUTES:
    1. Users agree to settle by mediation, any dispute, claim or controversy arising out of or relating to:
      1. these terms or the existence, breach, termination, enforcement, interpretation or validity thereof; or
      2. your access to or use of the Services at any time, whether before or after the date you agreed to the terms.
    2. Without limitation to clause 21.1, Users agree to submit a notice of dispute to MPS at first instance before pursing external legal resolution if the matter is not resolved within 30 days of receiving any User’s notice of dispute.
    3. Users agree that mediation is a condition precedent to the right of either User to commence arbitration or litigation other than for interlocutory relief, that it has first offered to submit the dispute to mediation.
  22. NOTICE
    1. Notices will usually be given by electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by registered mail in writing and left at, or posted to, or faxed to the address of the Storer, the Host or Alternate Contact Person as identified in these terms. Such notice shall be deemed to have been given upon the expiration of 72 hours after mailing or posting (if sent by pre-paid express post) or 12 hours after sending (if sent by email or telephone).
  23. GENERAL
    1. MPS may assign these terms without your consent. No joint venture, partnership, employment, or agency relationship exists between you, MPS or any Third-Party Provider as a result of these terms or use of the Services.

      Severance

    2. If any provision of these terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. MPSs failure to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MPS in writing.

      Jurisdiction

    3. The use of this Website and these conditions is in accordance with the laws of Australia. Any legal action arising out of its use shall be brought and enforced under Australian laws. By using this website, you agree to submit to the jurisdiction of the courts of New South Wales Australia and any legal action pursued by you shall be within the exclusive jurisdiction of the courts of New South Wales Australia.

      Authorised by Mates Place Storage (ABN: 87 321 762 385)