FIND FILL STORAGE – TERMS AND CONDITIONS OF SERVICE
Find Fill Storage provides a platform that connects Members with Storage Sites (“Fillers”) with Members seeking to hire Storage Sites (“Finders”) (collectively, the “Services”). The Services are accessible through written communication with Find Fill Storage, at http://www.findfillstorage.com and any other websites through which Find Fill Storage makes the Services available (collectively, the “Site”) and any applications for mobile, tablet and other smart devices and application program interfaces which Find Fill Storage makes available (collectively, the “Application”).
In these Terms and Conditions “you” or “your” means any unregistered user of the Platform or any Member of the Platform, as the context requires. If you are using the Platform, these Terms and Conditions are between you and Find Fill Storage Pty Ltd ACN 627 876 484 of Level 5, Nexus Building, 4 Columbia Court Baulkham Hills 2153 (“Find Fill Storage”, “us” or “we”).
Nothing in these Terms and Conditions obliges Find Fill Storage to make the Services available at any time or by any technological or direct means.
In the event of inconsistency, these Terms and Conditions prevail over any Policies.
WARNING: BOOKING AND PAYMENT PLATFORM
FIND FILL STORAGE ENABLES INTERACTIONS, COMMUNICATIONS, BOOKINGS AND PAYMENTS BETWEEN MEMBERS VIA THE PLATFORM. FIND FILL STORAGE IS NOT A PARTY TO ANY BOOKING BETWEEN MEMBERS AND DOES NOT VERIFY THE SUITABILITY OR RANKING OF THE MEMBER, THE STORAGE SERVICES OR THE BOOKING. THE SERVICES PROVIDED BY FIND FILL STORAGE IN CONNECTION WITH THE PLATFORM ARE LIMITED TO THE ENABLING OF BOOKINGS AND COLLECTION AND REMITTANCE OF FEES PURSUANT TO THESE TERMS AND CONDITIONS.
WARNING: COMPLIANCE WITH LAWS, FEES AND CHARGES
MEMBERS ARE WHOLLY RESPONSIBLE FOR ENSURING THAT THEIR USE OF THE PLATFORM AND BOOKINGS ENABLED BY IT COMPLY WITH APPLICABLE REGULATIONS, LAWS AND THIRD-PARTY AGREEMENTS. SUCH REGULATIONS, LAWS AND THIRD-PARTY AGREEMENTS INCLUDE BUT ARE NOT LIMITED TO:
● PREMISES LEASES AND PROPERTY RIGHTS AND INTERESTS;
● ENVIRONMENTAL PLANNING INSTRUMENTS AND COUNCIL PLANNING REQUIREMENTS;
● DANGEROUS GOODS LEGISLATION;
● HEALTH AND SAFETY REQUIREMENTS; AND
● TAXATION REGULATIONS AND LAWS.
YOU WILL BE WHOLLY RESPONSIBLE FOR ANY ADDITIONAL FEES AND CHARGES INCURRED BY YOU IN CONNECTION WITH THE PLATFORM AND/OR THE STORAGE SERVICES (WHETHER ARISING DIRECTLY OR INDIRECTLY).
2. TERMS OF SERVICE
The Platform is intended solely for persons who are 18 or older. Any access to or use of the Platform by anyone under 18 is expressly prohibited. By accessing or using the Platform you represent and warrant that you are 18 or older.
By using the Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions of Service (“Terms”), whether or not you become a Member or user of the Services. These Terms govern your access to and use of the Platform and all Collective Content, and constitute a binding legal agreement between you and Find Fill Storage.
If you are entering into these Terms on behalf of your employer, client or other entity, you warrant and guarantee that you have the full right and authority to do. If you do not have such authority, all your Site, Services and Application activity will be considered a breach of these Terms.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Platform.
By accepting these Terms, the Member is granted a limited, non-exclusive and revocable licence to access the Platform in accordance with these Terms.
You agree to only use the Platform and Materials for their intended legal purposes and shall not use any or all of them to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Find Fill Storage in its sole and unfettered discretion.
Find Fill Storage may revoke, suspend or terminate the Member’s licence in its absolute discretion for any reason that it sees fit, including for breach of these Terms by the Member or any of its users and where Member’s ratings are not considered acceptable by Find Fill Storage. Find Fill Storage will ordinarily advise the Member of any suspension or revocation however, it is under no obligation to do so.
Your licence to access the Platform and Materials shall be ongoing unless terminated by Find Fill Storage in accordance with these Terms.
The information contained on the Platform is provided in good faith on an “as is” basis. Find Fill Storage does not represent or warrant to the reliability, accuracy or completeness of the information contained on the Platform or in the Collective Content.
You understand and agree that Find Fill Storage is not a party to any agreements entered into between Fillers and Finders, nor is Find Fill Storage a broker, agent or insurer. Find Fill Storage has no control over the content contained in any Booking Request, the condition, legality or suitability of any Storage Services, the conduct of Fillers, Finders and/or other users of the Platform, and disclaims all liability in this regard to the maximum extent permitted by law. Any Bookings are made or accepted at the Member’s own risk.
If you choose to create an account on the Platform, you understand and agree that your relationship with Find Fill Storage is limited to being a Member, and not an employee, agent, joint venture or partner of Find Fill Storage for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Find Fill Storage. Find Fill Storage does not control, and has no right to control, your Booking, your offline activities associated with your Booking, or any other matters associated with your Booking, that you provide. As a Member, you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Find Fill Storage, including by using Find Fill Storage’s Intellectual Property, without the prior written consent of Find Fill Storage.
Despite Find Fill Storage facilitating the matching of Fillers with Finders for particular Booking Requests, Find Fill Storage does not endorse any Filler, Finder, Storage Site, Storage Service, Booking or Booking Request. Find Fill Storage’s matching of Fillers with Finders is based solely on the information provided by Fillers in creating their account, including the Filler’s Storage Site/s and the information provided by Finders in creating their account and the Booking Request. Fillers and Finders are responsible for ensuring the accuracy, reliability and currency of all information supplied to Find Fill Storage, and each other, and must immediately notify Find Fill Storage and the other party if any information supplied changes or is inaccurate.
By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties other than Find Fill Storage will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Find Fill Storage with respect to such actions or omissions. We encourage you to communicate directly with other Members on the Platform regarding any Booking Requests or Bookings made by you. This limitation shall not apply to any claim by a Filler against Find Fill Storage regarding the remittance of payments received from a Finder by Find Fill Storage on behalf of a Filler, which instead shall be subject to the limitations described in the section below entitled “Warranty and Limitation of Liability”.
Where Find Fill Storage provides Policies on the Site for the co-operation and management of Bookings, Find Fill Storage makes no representations or warranties in respect of those Policies and is in no way liable to enforce or comply with those Policies between Fillers and Finders unless otherwise expressly stated.
5. PLATFORM INTELLECTUAL PROPERTY
You acknowledge and agree that the copyright in the Platform content and the software, design, text and graphics comprised in the Site and Application, the selection and layout of the Site and Application, the content and materials on the Site and Application and all other Intellectual Property in connection with the Platform (together, the “Materials”) are owned by or licenced to us.
You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public, the Materials without our prior written consent.
You must not frame or embed in another website any of the Materials without our prior written consent.
You may store a reproduction of the content on the Site or Application on your local computer for the sole purpose of viewing the content and Materials; and print hard copies of the content and Materials for the sole purpose of viewing, listing or booking Storage Services, but not for any other use.
The Platform, the Materials and any ancillary materials or documents owned or used by Find Fill Storage in connection with the Services and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the Intellectual Property of Find Fill Storage. You must not use any of the marks or trademarks appearing on the Platform and/or on or within Materials or our name or the names of our related bodies corporate or any of our Intellectual Property without our prior written consent.
Find Fill Storage does not represent or warrant that any information, files or Collective Content obtained from, through or in connection with the Platform is free from viruses or other faults or defects. You are responsible for scanning any information, files or Collective Content for viruses.
You agree that Find Fill Storage has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any virus, fault or defect transmitted from, through or in connection with the Platform or the Collective Content. In any event, if Find Fill Storage is found to be liable this will be limited to the cost of supplying the information, files or Collective Content again.
The Platform can be used to facilitate the Booking of Storage Services. The Storage Services required by a Finder must be included in Booking Requests on the Platform. The Filler’s Storage Site/s including but not limited to a description and size of the Storage Site/s and its location and features must be included in the Filler’s registration information.
When registering on the Platform and creating an account, you must register as a Filler or Finder.
Fillers who provide services in their individual (i.e. sole trader or personal capacities) must register in their own names. Where a company or business with multiple Storage Sites wishes to register, that company or business must register as a manager on the Platform and references to Fillers in these Terms mean both the company/business as Manager and the individual Fillers.
Find Fill Storage reserves the right to accept or reject your request to register for an account at its sole discretion and Find Fill Storage may request additional information from you before accepting or rejecting your request to register for an account. Failure to provide such information is likely to result in rejection of your request.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. Accounts are personal to a Member and can only be accessed by the Member and their personnel.
8. FILLER’S STORAGE SITES
Each Filler must provide detailed information as to its capabilities in respect of the Storage Services it can offer as part of the registration process with Find Fill Storage. In particular, the Filler must provide information to Find Fill Storage setting out full and proper particulars of the Storage Site/s, (i.e. type of building/structure, storage capacity, location, access restrictions, whether the site have personnel on site, security systems) and the types of Goods it can lawfully and safely store (i.e. Restricted Goods, refrigerated, volume, weight, size etc) and any other restrictions or matters impacting its ability to provide Storage Services. This information must be updated in the event of any error or change by the Filler. Service Providers wishing to provide Storage Services in respect of Restricted Goods must hold all necessary permits and approvals required by law in order to store and handle Restricted Goods. Service Providers must designate which Restricted Goods, if any, they are lawfully authorised to store and handle and must comply at all times with the requirements of any such authorisation, permit or law.
9. BOOKING REQUESTS
As a Finder, you may create Booking Requests. To create a Booking Request, you will be asked a variety of questions about the Storage Services required including the locations of the Storage Sites required, the dates and duration that the Storage Site are required, the size of the goods to be stored, the size of the Storage Site required, the weight and features of the Goods, whether any specific services are required at the Storage Site such as refrigeration, additional security measures, and any other relevant information which Find Fill Storage needs to know in order to match a Filler to you as a Finder and which the Filler needs to know in order to provide the Storage Services. Where a Finder requires the Storage Services in repsect of Restricted Goods, the Finder must clearly advise of such Restricted Goods and the Finder’s requirements in the Booking Request. The Finder must comply with all laws and must hold all necessary approvals and permits in respect of such Restricted Goods. All Booking Requests are based on the assumption that the Filler and the Finder will each have representative in attendance at the Storage Site at the time of delivery of the Goods and collection of the Good, any additional requirements must be communicated in the Booking Request.
All Finders are required to ensure their Goods are protected, stored and packed appropriately, with clear labelling and identifying marks. Finders are responsible for transporting and unloading the Goods into the Storage Site. If a Filler, in its total discretion, elects to assist a Finder in unloading Goods into the Storage Site, it does so at its own risk.
You acknowledge and agree that you alone are responsible for any and all Booking Requests and Member Content you post. You represent and warrant that any Booking Request you post and the Booking:
a) does not contain Restricted Goods unless this has been expressly communicated in the Booking Request;
b) will not breach any agreements you have entered into with any third parties; and
c) will be in compliance with all laws.
Please note that Find Fill Storage assumes no responsibility for a Filler’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
Find Fill Storage reserves the right, at any time and without prior notice, to remove or disable access to any Booking Request for any reason, including Booking Requests that Find Fill Storage, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Platform.
If a Finder requests a Booking and the Booking is accepted by the Filler, the agreement entered into by the Finder and Filler is between those parties and Find Fill Storage is not a party to it.
When a Booking Request is received by Find Fill Storage, Find Fill Storage will attempt to match that Booking Request with Fillers.
If a Filler wishes to accept the Booking Request, it will then provide a Quote for the Storage Services within the Booking Request Period, to the Finder via the Platform. The Quote must factor in the length of time the Storage Services are required, the types of Goods to be stored and whether they require any special storage requirements (i.e. in respect of Restricted Goods) , the quantity and size of the Goods and Storage Site. The Quotes that the Finder views in the initial quotation phase from Fillers will also include Find Fill Storage’s Booking Fee component (which is a recurring charge calculated as a percentage of Storage Fees).
If the Finder chooses to accept a Quote, the Booking Request will then become a tentative Booking. Find Fill Storage will then provide details of the Booking, as confirmed by the Finder, to the Filler who must accept the Booking again – this phase is known as ‘double confirmation’.
The Filler may, but is not obliged to, provide the Finder with its own separate terms of supplying the storage services which the Finder must sign and abide by, but which must not be inconsistent with these Terms.
11. PERFORMANCE OF STORAGE SERVICES
Once a Finder has accepted the Quote and it has progressed through the ‘double confirmation’ stage, the Booking is finalised and the Filler will be notified via the Platform. The Filler and Finder are solely responsible for facilitating the provision of the Storage Services in accordance with the Booking and any terms and conditions entered into between the Filler and the Finder.
The Finder is responsible for maintaining a record of the quantity and description of the goods stored at the Storage Site.
The Filler is solely responsible for ensuring that the Storage Site is in reasonable condition and, subject to any accident or force of nature, the Storage Site is water tight. The Filler is solely responsible for ensuring that it has and maintains any consents, licences, permissions required by the local authority to use the premises as a Storage Site (in particular where the Storage Site will be used to store Restricted Goods).
The Filler is solely responsible for ensuring it is the owner of the Storage Site or has the legal tenure to the Storage Site and for the use of the premises as a Storage Site.
If the quantity, description, dimension and/or weight of the Goods do not match the Goods described in the Booking, and as a consequence the Goods will not satisfactory or safely be stored in the Storage Site, or if a Filler reasonably considers that the Goods are Restricted Goods or are unsafe to store or if the Finder has otherwise not complied with these Terms or the terms or agreement between the Filler and Finder, the Filler is entitled to reject the Booking and the Finder will be required to pay all weekly Storage Fees (and Booking Fees) already charged or payable in respect of the Booking as though the Booking had proceeded.
If the Finder requests that the Filler store additional Goods once the Filler has accepted the Booking, additional fees may apply. The Filler can raise such additional fees via the Platform.
The Filler is under no obligation to accept any change to a Booking and may reject a Booking entirely where it does not wish to accommodate the change request and the Finder will be required to pay all weekly Storage Fees (and Booking Fees) already charged or payable in respect of the Booking as though the Booking had proceeded.
The Filler will be solely responsible for any and all liability which results from the provision of the Storage Services, including any claims, loss, damage, costs, expense, injury or delay to the Finder, itself or a third party. To the extent permitted by law, Find Fill Storage disclaims, and Filler indemnifies Find Fill Storage, in respect of any loss suffered by the Finder or any third party arising from or in connection with the provision of Storage Services by the Filler.
A Booking will be completed at the time that the Goods are removed from the Storage Site and the Filler confirms the completion of the Booking via the Platform. The Filler must not release the Goods to the Finder until such time as full payment of all Fees has been received from the Finder, as confirmed by Find Fill Storage. The Filler and Find Fill Storage have a lien over the Finder’s Goods and may deal with such Goods in accordance with their rights as Fillers at law where Fees are not paid in full, including selling, keeping or disposing of such Goods. The Filler, when exercising its lien, must comply with the directions of Find Fill Storage. Where Goods are not collected by a Finder, the Filler may deal with such Goods as “uncollected goods” in the manner prescribed by law.
Unloading of the Goods is the responsibility of the Finder unless this service is provided by the Filler as part of the Storage Services. The Filler and Finder must ensure that the Finder and Filler sign an acknowledgement as to the quantity and condition of the Goods after they are unloaded into the Storage Site, as proof of delivery.
The Finder is responsible for all costs and expenses associated with transportation of the Goods to the Storage Site, and will incur additional charges, each time it requires to access the Goods at the Storage Site.
12. CONFIRMATION OF STORAGE FEE
On delivery of the Goods at the Storage Site, the Filler must update the Platform if there is any change required to the Storage Fee as set out in the Quote, and the reason for the change in the Storage Fee (i.e. the Goods are not as described, the quantity or size of the goods had increased, additional assistance was required, the Finder requested additional Storage Services etc). If the Finder does not accept the revised Quote, the Finder will be required to pay all weekly Storage Fees (and Booking Fees) already charged or payable in respect of the Booking as though the Booking had proceeded.
Once the Storage Services have commenced, the Platform will auto-generate on behalf of the Filler a tax invoice(s) in respect of the Storage Services. The Filler must check that the tax invoice(s) is accurate. Tax invoices are provided to Find Fill Storage via the Platform on the basis that Find Fill Storage then acts in a limited capacity to charge the Storage Fees to the Finder as per the process outlined later in this Clause, and nothing in these Terms renders Find Fill Storage responsible for payment of the Filler’s Storage Fees. Find Fill Storage’s responsibility to the Filler in respect of invoicing is solely limited to hosting the Platform which auto generates a tax invoice to Find Fill Storage on the Filler’s behalf, the autogeneration of a consolidated invoice to the Finder and the debiting of the Finder’s Payment Details in accordance with these Terms and Find Fill Storage is not responsible for ensuring payment of the Storage Fees.
Where the Booking is made on the basis that the Storage Fees will be paid weekly, the Service Provider’s tax invoice will be auto generated by the Platform each week with all Storage Fees being payable in advance.
Upon generation of the Service Provider’s tax invoice(s) via the Platform, Find Fill Storage will via the Platform, raise an invoice(s) payable by the Finder which includes the Storage Fees (and any monies payable to Find Fill Storage – such as the Booking Fees). The consolidated tax invoice(s) will be payable by the Finder by Direct Debit from their Payment Details. The Finder warrants that Find Fill Storage is authorised to immediately deduct the Booking Fees and Storage Fees at the conclusion of the Storage Services or at weekly intervals (as appropriate).
Where a Finder or Filler disputes the amount of the Storage Fee as set out in any tax invoice, they must raise the dispute with Find Fill Storage within 24 hours of the tax invoice being issued, or the tax invoice will be deemed accepted.
13. PAYMENTS, FEES AND CHARGES
You acknowledge and agree that where payment occurs through an authorised third-party payment processer you have read and agree to their terms and conditions applying to that service.
You agree to pay Find Fill Storage upon demand all of Find Fill Storage’s fees, costs and expenses it incurs in connection with any failed payment, including the recovery thereof from you.
The Filler, not Find Fill Storage, is solely responsible for honouring any confirmed Bookings and making available any Storage Services booked through the Platform. If you, as a Finder, choose to enter into a transaction with a Filler for the Booking of Storage Services, you agree and understand that you will be required to enter into an agreement with the Filler and you agree to accept any terms, conditions, rules and restrictions associated with Booking imposed by the Filler. You acknowledge and agree that you, and not Find Fill Storage, will be responsible for performing the obligations of any such agreements, that Find Fill Storage is not a party to such agreements, and that, with the exception of Find Fill Storage’s payment obligations pursuant to these Terms, Find Fill Storage (inclusive of all subsidiaries and related entities) disclaims all liability arising from or related to any such agreements.
If you are a Filler and a Booking is requested via the Platform, you will be required to either confirm or reject the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire.
Booking Fees are payable by the Finder to Find Fill Storage upon confirmation of a Booking by a Filler and will continue to be charged in addition to Storage Fees for the duration of the Booking. Booking Fees are calculated as a percentage of the Storage Fees payable by the Finder from time to time.
Find Fill Storage will pay the Storage Fees received from the Finder (less the Booking Fees) to the Filler on or within seven (7) days of Find Fill Storage having received the Finder’s payment.
Finders authorise Find Fill Storage (and/or any third-party payment processor of Find Fill Storage from time to time) to charge and deduct the Booking Fees and Storage Fees from you using the Payment Details.
The Filler acknowledges and agrees that in the event that Find Fill Storage is unable to collect monies owing to the Filler by a Finder, the Filler releases Find Fill Storage from any monies owing to the Filler. The receipt of the Filler’s auto generated tax invoice by Find Fill Storage does not constitute an obligation by Find Fill Storage to pay for the Storage Fee as set out in the tax invoice. Find Fill Storage simply receives the Filler’s tax invoice via the Platform and the Platform then raises a consolidated tax invoice to the Finder (for the Storage Fee and Booking Fee) as agent for the Filler in respect of the Storage Fee component.
For Finders situated in Australia, Find Fill Storage will collect GST on the Booking Fee on behalf of Find Fill Storage and the Filler will charge GST on the Storage Services all of which will be itemised in the tax invoice provided by the Filler and by Find Fill Storage. Finders and Fillers represent and warrant that they are or will be (prior to accepting a Booking) registered for GST.
All amounts owed to Find Fill Storage under or in connection with these Terms constitute debts due and payable by you to Find Fill Storage until paid in full. You must pay all amounts due to Find Fill Storage without set-off, deductions counter-claims or conditions; and in available cleared funds. If an amount due under these Terms is paid after the due date you must pay Find Fill Storage, in addition to the overdue amount interest at the rate of 10% per annum calculated based on a 365-day year from the date of the default until the date the amount (together with all accrued interest) is paid in full; and all costs and expenses incurred by Find Fill Storage in collecting the overdue amount.
All fees and charges shown on the Platform and identified in these Terms are in Australian Dollars (AUD) and are inclusive of any applicable GST (unless otherwise indicated).
If the Finder cancels a Booking once accepted by the Filler, the Finder will be required to pay all weekly Storage Fees (and Booking Fees) already charged or payable in respect of the Booking as though the Booking had proceeded. The Finder agrees and acknowledges that the charging of all such Storage Fees and Booking Fees reflects the loss suffered by the Filler in setting aside the Storage space for the Finder.
If, as a Filler, you cancel a confirmed Booking, you agree that Find Fill Storage may apply penalties or consequences to you, including:
a) publishing an automated review on your account indicating that a Booking was cancelled;
b) not allocating you further Booking Requests for a period of time; and/or
c) immediately terminating your account if more than one (1) cancellation occurs in any three (3) month period.
If, as a Filler, you cancel a Booking due to a Force Majeure event, the Finder releases the Filler and agrees not to make any claim for that lawful cancellation.
In certain circumstances, Find Fill Storage may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Platform. Find Fill Storage may also determine, in its sole discretion, to refund to the Finder part or all of the amounts charged to the Finder.
Find Fill Storage will initiate any refunds due to you pursuant to these Terms within 30 days, using your Payment Details.
The Filler is responsible for holding public liability insurance, workers compensation and warehouse insurance. In addition, where the Filler provides Storage Services in respect of Restricted Goods it must hold all necessary insurances to cover the storage and handling of such Restricted Goods.
Find Fill Storage strongly recommends the Finder arrange their own insurance for the Goods during the storage period for their full replacement value, and strongly recommends such insurance should specifically cover Restricted Goods (where applicable).
Find Fill Storage may, but is not required to, require the Filler and/or Finder to supply Find Fill Storage with evidence (certificates of currency and/or policies) of their insurance (if applicable).
Find Fill Storage may, but is not required to, provide links to suggested insurer(s) on the Site. Find Fill Storage gives no warranties as to the services provided by such insurers and you acknowledge and agree that Find Fill Storage shall in no way be liable for any loss or damage incurred in your dealings with any such insurer(s).
16. YOUR OBLIGATIONS
While it is not Find Fill Storage’s intent to monitor your online communications to or within the Platfrm, Find Fill Storage reserves the right to remove any content that we become aware of and determine to be harmful, illegal or in breach of copyright laws or privacy laws. You may not use the Platform or all or part of any Collective Content for any unlawful activity nor for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Platform.
You covenant and warrant that:
a) all information and data provided by you to Find Fill Storage (including billing and contact details) or otherwise is true, accurate, complete and up to date;
b) any person receiving, accessing or using the Platform or the Collective Content using your Account is authorised by you to do so;
c) you have and will comply with all relevant laws relating to your use of the Platform and the Collective Content and your making of any Booking Request or Booking with us;
d) you will ensure that any log in information and password that is used to access the Platform or the Collective Content and the details of any account is kept in a safe and secure manner;
e) you will promptly notify Find Fill Storage if you are or become aware that there is or has been an unauthorised use of any of your account, or any other security breach relating to any Account;
f) you are responsible for any costs associated with your access to or use of the Platform, Booking Requests, Bookings and/or any Collective Content including internet access fees; and
g) you are responsible and liable for any person that uses your account and/or password to make Booking Requests or Bookings through the Platform.
You must not and agree that you will not:
a) use the Platform in a manner or way, or post to or transmit to or via the Platform any material, which interferes with other users or our other Finders or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Platform;
b) make fraudulent or speculative enquiries, orders or requests through the Platform;
c) use another person’s details without their permission or impersonate another person when using the Platform;
d) post or transmit to the Platform any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
e) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Platform;
f) modify, adapt, translate or reverse engineer any portion of the Platform;
g) remove any copyright, trade mark or other proprietary rights notices contained in or on the Platform;
h) reformat or frame any portion of the web pages that are part of the Platform;
i) use the Platform to violate the security of any computer or other network or engage in illegal conduct;
j) tamper with or hinder the operation of the Platform or the Collective Content nor knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Platform;
k) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
l) violate any local, state, national or other law or regulation, or any order of a court, including without limitation zoning restrictions and tax regulations;
m) use the Platform or Collective Content to identify or communicate with a Member (directly or indirectly) and then complete a booking or reengagement independent of the Platform, in order to circumvent the obligation to pay any Booking Fees related to Find Fill Storage’s provision of the Services, or for any other reason. This obligation is taken extremely seriously by Find Fill Storage;
n) recruit, or otherwise solicit any Member to join third party services, websites or applications that are competitive to Find Fill Storage, without our prior written approval; and
o) use the Platform or the Collective Content other than in accordance with these Terms.
17. RESPONSIBILITY, RIGHTS AND MODIFICATION OF MEMBER CONTENT
Find Fill Storage accepts no liability for Member Content.
The Member is responsible for the accuracy, quality and legality of Member Content and the Member’s acquisition of it, and the users that create, access and/or use Member Content.
By registering as a Member, making a Booking Request or Booking, contributing, commenting, uploading images or files, inputting data, linking to data or files on third-party sites, or engaging in any other form of communication through the Platform you are creating Member Content and you are granting Find Fill Storage a transferable, sub-licensable, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to:
a) use, copy, sub licence, adapt, transmit, publicly perform or display any such Member Content; and
b) sub licence to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Member Content.
This licence shall include the right to exploit any proprietary rights in the Member Content, including but not limited to rights under publicity, copyright, trademark or patent laws under any relevant jurisdiction.
Find Fill Storage reserves the right to filter, modify, publish and permanently remove Member Content on the Site, Application or in connection with the Services in its sole and unfettered discretion
To the extent permitted by law, Find Fill Storage accepts no liability for the accuracy of any information made available using the Platform. Any reliance on the information available through the Platform is at the Member’s own risk.
Finders and Fillers are requested to give one another a rating on conclusion of the Booking. Ratings are used by Find Fill Storage to monitor the standard of the Storage Services and compliance with a Booking. If a party receives poor ratings on multiple occasions, Find Fill Storage may restrict an account or terminate use of the Platform by that party.
These Terms operate for a term commencing on the date you access the Platform and ending when terminated in accordance with these Terms.
Members may terminate their access to the Platform by ceasing to use the Platform and requesting cancellation of their account to Find Fill Storage by email to [email protected]
provided that any Bookings in train must be completed. Once terminated, an account cannot be reactivated, except at Find Fill Storage’s absolute discretion.
Find Fill Storage may suspend or terminate these Terms in its sole discretion at any time. Without qualifying the foregoing, Find Fill Storage may immediately suspend, terminate or limit your access to and use of the Platform and (where relevant) your account and any Collective Content if Find Fill Storage suspects that you have committed a fraudulent act and/or you have, or you intend to, breach these Terms.
Any termination by Find Fill Storage in circumstances where you are either in material default of your obligations under these Terms, or are in default of a non-material obligation which you fail to remedy within five days of being notified of the default by Find Fill Storage, will be of immediate effect.
In the event an agreement arising under or in connection with these Terms is terminated, Find Fill Storage may take such steps as it deems necessary to ensure you cease using or accessing, or having any ability to use or access, the Platform and/ or any Collective Content, including but not limited to revoking your licence and blocking your access.
20. WARRANTY AND LIMITATION OF LIABILITY
Find Fill Storage does not warrant or represent the suitability of the Platform, the Collective Content, the Booking Requests, the Bookings, the use of the Storage Services or its Members for any purpose. To the extent permitted by law, neither party is liable to the other for any direct loss and damages, or for fines, penalties, taxes and any exemplary, aggravated of punitive damages, liquidated damages or indirect and consequential loss and damages arising in any way (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) legal costs and expenses or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Platform, Services, the Collective Content, the Booking Requests, the Bookings, the use of Storage Services or its Members.
Any liability to you for loss or damage of any kind arising out of these Terms, the Platform, Services, the Collective Content, the Booking Requests, the Bookings, the use of Storage Services or its Members or in connection with the relationship established by any of them is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
In any event, Find Fill Storage’s liability under any warranty and whether in negligence or not, shall not exceed the price of any Booking Fees paid to Find Fill Storage.
YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM, SERVICES, THE COLLECTIVE CONTENT, THE BOOKING REQUESTS, THE BOOKINGS, THE STORAGE SERVICES AND/OR INTERACTIONS BETWEEN MEMBERS AND INDEMNIFY AND HOLD HARMLESS FIND FILL STORAGE, AND ANY OF ITS ASSIGNS, AGENTS OR EMPLOYEES AGAINST ANY CLAIMS, LAWSUITS, DAMAGES, AND EXPENSES (INCLUDING BUT NOT LIMITED TO SOLICITOR’S FEES ON AN INDEMNITY BASIS).
22. MEMBER DISPUTES
In the event of a Member Dispute between Members up to the value of $5,000 (AUD) Find Fill Storage may, in its absolute discretion, allow the parties to make submissions and provide evidence to Find Fill Storage in respect of the Member Dispute. At its election, Find Fill Storage may analyse the Member evidence and submissions and make a determination on the information before it within a period not exceeding 30 days. The Members agree that Find Fill Storage’s decision is final and binding and any monies held by Find Fill Storage may be dispersed in accordance with the adjudicated dispute.
In the event of a Member Dispute between Members exceeding the value of $5,001 (AUD) Find Fill Storage may hold all funds held by Find Fill Storage (less Booking Fees payable to Find Fill Storage which may be released) the subject of the Member Dispute until such time as the Members jointly notify Find Fill Storage in writing of the resolution of the Member Dispute or Find Fill Storage is provided with a sealed judgement of a Court of competent jurisdiction in Australia in respect of determination of the Member Dispute.
Disputes in respect of tax invoices must be raised by a Member within 24 hours of the issuing of the tax invoice, or such tax invoice will be deemed accepted.
Find Fill Storage will deal with any unclaimed monies in accordance with the laws of Australia.
Find Fill Storage reserves the right, in its sole discretion, to amend these Terms and/or the Platform at any time. Any such amendments will be effective as soon and from the commencement of the following calendar month. By continuing to access or use the Platform after these Terms have been modified, you agree to be bound by the amendments to these Terms.
24. GENERAL PROVISIONS
If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these Terms has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Terms or is contrary to public policy.
Any sum owing between the parties or any provision that is intended to survive termination of these Terms shall survive termination and shall remain enforceable thereafter.
These Terms are governed by the laws of the Commonwealth of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
26. ADDITIONAL TERMS
These Terms are subject to any additional terms expressed as ‘special conditions’ or advertised on the Platform by Find Fill Storage.
Any terms stated in a Booking Request will form part of your agreement with another Member pursuant to a Booking.
27. DEFINITIONS AND INTERPRETATION
In these Terms:
“Booking” means a Booking Request for Storage Services that has been accepted by a Filler.
“Booking Fee” means the Fees payable by the Finder to Find Fill Storage for the provision of the Services, being an ongoing % commission amount calculated depending on the Storage Fees and as displayed during the Booking process, as updated from time to time in accordance with any increase in the storage Fee.
“Booking Request” means a request raised by a Finder via the Platform for Storage Services.
“Booking Request Period” means the time period starting from the time when a Booking Request is made by a Finder, within which a Filler may decide whether to confirm or reject that Booking request, as stated on the Platform. Different Booking Request Periods may apply in different places.
“Collective Content” means Material and Member Content.
“Direct Debit” means the electronic withdrawal of funds from a Finder’s Payment Details/
“Filler” means a Member who provides the Storage Services to Finders and includes a single operator Filler or a business or entity operating multiple Storage Sites, in which case references to Filler and the Member mean the individual Filler but also their employer, manager or principal who are bound by these Terms.
“Finder” means a Member who requests Storage Services from a Filler.
“Force Majeure” means an act of God, fire, lightning, earthquake, explosions, flood, subsidence, insurrection or civil disorder or military operations or act of terrorism, expropriation, strikes, lock-outs or other industrial disputes of any kind and any other event which is not within the reasonable control of the party affected.
“Goods” means the Goods of the Finder, to be stored by the Filler as described in the Booking Request.
“GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Intellectual Property” means any and all items in which Intellectual Property Rights subsist, existing now or in the future and whether or not registered or registrable in connection with the Materials and/or the Member Content as the context requires.
“Intellectual Property Rights” means all current and future registered and unregistered rights and all renewals and extension of those rights in respect of copyright, marks, trade secrets, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation 1967.
“Member” means a person or entity that signs-up to the Platform including but not limited to Fillers and Finders.
“Member Content” means all content that a Member posts, uploads, publishes, submits, transmits, or includes in their Booking Request, Member Account, Quote, Booking or otherwise.
“Platform” means the provision of the Services through the Site, Application or other means.
“Policy” means a policy displayed on the Site from time to time.
“Quote” means the quotation for the Storage Fee as provided by the Filler via the Platform in response to a Booking Request.
“Restricted Goods” means:
• Alcoholic beverages, Beer, Wine, Spirits
• Animals, animal products, animal skins
• Fur(s), ivory, endangered animal products
• Antiques, fine art or works of art
• Collectibles and/or irreplaceable items
• Any item worth more than its original purchase price or that is not commonly
• Currency or negotiable instruments
• Dangerous goods, hazardous or combustible materials
• Aerosols & perfumes
• Flammable liquids, petrol, lighter fluid, flammable solids, non-safety matches
• Gases, mace, camping gas, oxidizers, bleach, poisons, pesticides, corrosives, car
• batteries, lithium batteries, mercury
• Drugs / Narcotics (illegal) and pharmaceutical products
• Detonators, fuses, grenades, mines and explosives, fireworks & flares
• Firearms, parts thereof and ammunition
• Human remains (including ashes)
• Industrial diamonds or carbons
• Medical samples
• Diagnostic specimens, blood, urine, bodily fluids, tissue samples
• Perishable items
• Flowers, dry ice, foodstuffs, items requiring temperature control or special handling, plants
• Plant products and plants
• Cotton, seeds, teas, tobacco
• Precious & semi-precious stones (including jewellery)
• Watches & costume jewellery
• Any other items deemed by Find Fill Storage or at law as being restricted, controlled, prohibited or “bonded” or where a licence, authorisation or permit is required to hold such goods.
“Storage Fee” means the fees payable by the Finder to the Filler, as updated or agreed from time to time in consideration of the Filler providing the Storage Services.
“Storage Services” means the services to be provided by a Filler, using the Filler’s Storage Sites including but not limited to storage, picking, packing, labour, containing loading and unloading, access to Goods, retrieval of Goods and any other services agreed by the Filler and Finder from time to time.
“Storage Sites” means the premises from which the Storage Services will be provided.
“Tax” or “Taxes” means any sales tax, GST, transient occupancy taxes, accommodation or lodging taxes, fees, that a party may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.