Terms & Conditions
- Acceptance of Terms
a. These Terms and Conditions form a legally binding agreement between you (“you”, “your”, the “User”, the “Host” or the “Renter”) and Spacer Marketplaces Pty Ltd (“Spacer”), whose registered company number is 607 184 994 (“we”, “us”, “our”, or the “Company”) which governs your use of this website (the “Website”) and our services.
b. By clicking “I ACCEPT”, you register as a user of Spacer (“User”) and you enter a legally binding agreement with Spacer on the following terms. You warrant that you have full legal capacity to enter into this agreement. If you do not accept all the Terms and Conditions you must not use or access the Website.
c. Spacer reserves the right to amend these Terms and Conditions from time to time without notice. You will be deemed to have read and accepted these Terms and Conditions, including any changes, each time you use the Site.
- Defined Terms
• Host: the person advertising via the Website and providing a Space in order for the Renter to store their items
• Space: the physical space at the Hosts’ address in which items are stored under a Contract
• Renter: the person paying the Total Fee and utilising a Space to store items belonging to them or under their possession
• Listing: an advertisement or post on the Website offering a Space for the storage of goods
• Contract: Agreement between a Host and a Renter to utilise a Space for the storage of goods for a Total Fee
• Stored Goods: means the goods and items to be stored under a Contract
• Total Fee: Consists of the aggregate of Spacer Rent and Spacer Commission
• Spacer Rent: The Listing price applied by a Host for the use of a storage Space
• Spacer Commission: Fee paid to Spacer calculated as 15% (excluding GST) of the Spacer Rent.
• Host Guarantee Contribution: Contribution deducted from Spacer Rent calculated as 2% (excluding GST) of the Spacer Rent. Introductory offer of 0% host guarantee contribution until 31 Dec 2016.
• Prohibited Goods: The following items may not be stored through a Contract under any circumstances: Toxic, polluted or contaminated goods; firearms, munitions, weapons or explosives; radioactive materials; highly 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; illegal goods; waste; or any item whose presence would invalidate any insurance policy which would otherwise cover the items or the storage space
• Payment Manager: Stripe Inc, https://stripe.com/about
- General Conditions
a. Purpose of site: Spacer makes available a platform or marketplace with related technology for Renters and Hosts to list, quote and arrange for bookings of storage, parking or other available space (“Contract”). The Company is not a rental agent or property broker. Spacer acts as an intermediary for members to transact and is not considered a party to the Contract between the Host and the Renter.
b. We reserve the right to close your account or to remove or disable access to any Listing for any reason, including Listings that Spacer, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms.
c. Spacer does not recommend or endorse any User, Host, Renter or Listing.
d. The laws of the State of Victoria, Australia apply to these Terms and Conditions and the parties submit exclusively to the courts of that jurisdiction.
- Obligations of all Users
a. Registration with the Website requires the User to either log in via Facebook or supply your name, an email address and a password. Once registered, you will receive a User identification number, which together with your email address and password constitute the “Registration Details” of your User account.
b. When you create a user account, we require you to verify your identity. 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 7 days (for example, changing your name or contact address).
c. Each Listing by a Host is an offer to enter a legally binding Contract with the Renter. If the Renter indicates through the website that the proposed terms of the Listing are accepted, the Host will receive by email the booking request, to which he must respond within 48 hours. In the absence of response, the request is considered rejected. If he accepts the reservation, the Contract is confirmed and the Fee is taken from the Renter.
- Specific Obligations of Hosts
a. To create a Listing, the Host must describe the Space, along with any conditions of storage they wish to apply, on the listing page of the Website. Such description may include text, graphics, pictures and other relevant content and should include details like size, location, security, and access offered. The Host will also disclose to the Company the price he wishes to charge for storage (the “Spacer Rent”). All descriptions and information must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief. In the event that the Space becomes unavailable for any reason, you agree to remove or suspend the Listing as soon as reasonably practicable.
b. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter's use of, a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Space included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties.
c. The Host can provide 2 types of access for any Listing – a) Full Private Access, thus giving permanent access to the Renter and b) Partial Access, with access to Listing provided upon giving notice to and being chaperoned by the Host.
d. Where Full Private Access is provided, the Renter is responsible for all damage to the storage space that would be caused by the objects stored or by any negligent act or omission of the Renter and agrees to pay reasonable compensation in the unlikely event of damage to the Space caused. Reasonable compensation will normally mean paying for reasonable repairs, or replacement where the Space or part thereof is damaged beyond repair.
e. Where Partial Access is provided the Host is responsible for the restitution of goods stored and inventoried in the state they were in at the time of storage. The Host has the obligation to inform without delay the Renter for any loss, damage or theft he would have found on the deposited assets. The Host in this case is responsible for the restitution of the deposited property in the condition they were at the day of delivery.
f. Hosts agree to never insist, ask, or insinuate to a Renter that he or she pay any or all of the Space Fees directly to Host with a check, cash, or any payment method other than by payment through Spacer.
- Specific Obligations of Renters
a. By entering into a Contract with a Host you 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 do anything that will interfere with the Host’s reasonable enjoyment of the rest of the premises.
b. The Renter undertakes to pay the Fee promptly, fully and in good faith and using the online Payment Manager upon confirmation of the Contract with the Host.
c. The Renter will comply with the access and security arrangements in the Contract or as otherwise agreed, and keep safe any keys or other items used to access the Space.
d. Vacation of Space: At or before the end of the booking period of the Contract or upon terminating the Contract in keeping with the terms of Clause 8, the Renter must vacate the Space completely. The Renter must remove all contents and debris and leave the Space in good “broom clean” condition.
e. Pursuant with Clause 8 of these Terms and Conditions, the Renter will remove the Stored Goods from the Space upon request by the Host, provided that the Host gives at least four weeks’ notice in writing of such request.
- Obligations of Spacer
a. Upon acceptance of a Contract between a Host and a Renter, Spacer will collect Total Fees from the Renter. All financial transactions between the parties will be processed by a third-party electronic payment system (the “Payment Manager”) embedded in the Website. By using the Payment Manager, you also confirm that you have read and agree to the terms and conditions applying to that service.
b. Total Fees consist of the aggregate of the Spacer Rent and Spacer Commission. The Total Fees will be calculated and collected by the Payment Manager. The Payment Manager will then initiate payment of Spacer Rent less the Host Guarantee Contribution to the Host either within two (2) days of the Renter moving in or within seven (7) days of the Contract acceptance, whichever is earlier.
c. Spacer will collect from the Renter the first payment (pro-rated to the end of the month) of Total Fees at the time of booking confirmation. If the rental period is extended, Renters will be charged monthly Total Fees on a recurring basis. In that instance Spacer will collect Total Fees and initiate payment of Spacer Rent to the Host within ten (10) days of the first day of each month of the booking period, referred to herein as Recurring Payments. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize Spacer, on behalf of the Host, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments. Where a contract has been extended, Spacer will continue to collect Total Fees on a monthly recurring basis until the Renter or Host provides notice of termination of the lease under Clause 8.
- Cancellations, Variations & Termination of Lease
a. Either User (Host or Renter) may cancel the Contract without penalty within seven (7) days of acceptance by providing notice in writing or through the Website (“Cooling Off Period”) provided the Contract has not commenced. If either party seeks to cancel or amend the Contract outside of the Cooling Off Period, that party must provide four (4) weeks’ notice in writing and the conditions of Clauses 8c - d apply.
b. If, as a Renter, you cancel your requested booking inside the Cooling Off Period, Spacer will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking. If, as a Host you cancel the requested booking inside the Cooling Off Period, you will not be entitled to receive any Spacer Rental payments, and you must immediately repay any monies received in advance as consideration of the Contract being completed.
c. If, as a Renter, you wish to cancel or terminate the Contract outside of the Cooling Off Period, you must provide four (4) weeks’ notice (“Notice Period”) in writing to the Host and through the Website of your intention to cancel or terminate the Contract, and pay Total Fees for the whole Notice Period, regardless of whether you have vacated or removed your Stored Goods in that period. The Host will receive the Spacer Rent for the whole Notice Period.
d. If, as a Host, you wish to cancel the Contract outside of the Cooling Off Period, you must provide four (4) weeks’ notice (“Notice Period”) in writing to the Renter and through the Website of your intention to cancel the Contract. By cancelling the Contract, you acknowledge that you are breaking the terms of the Contract, agree to continue to store the Stored Goods for the Notice Period (if already located in the Space) and forfeit the Spacer Rent payable to you for the period of the Notice Period. Spacer may, at its absolute discretion, refund part or all of the Spacer Rent paid by the Renter for the Notice Period.
e. Clause 8c and 8d do not apply where the Contract is terminated due to non-payment of fees, or a party is in breach of its obligations under these Terms and Conditions or the Contract.
f. Termination conditions: If, as a Host, you have reasonable suspicion that a Renter is storing Prohibited Goods or is in breach of these Terms and Conditions, you have the right to immediately terminate the Contract and to ask the Renter to remove the items from the Host’s premises. The Host shall provide reasonable notice and opportunity for the Renter to cure such breach or otherwise remove such items. The Host may also take steps to inform law enforcement authorities and take actions to remove the items from their property.
g. Termination conditions: If the Renter does not pay the Total Fees, Spacer or the Host may, upon giving fourteen (14) days to remedy the non-payment of fees immediately terminate the Contract and may:
i. Deny the Renter access to the Space or Host's property until the default is cured;
ii. Give the Renter three (3) days' notice to vacate; and
iii. Collect charges as appropriate and exercise any other remedy allowed by law until the outstanding fees have been paid in full.
h. Stored Goods are stored by the Host as bailee. If the Renter does not remove such items upon reasonable notice, or the Renter fails to reclaim Stored Goods upon expiry of the Contract (“Abandoned Goods”) such items may be removed by Host and shall be subject to forfeiture by Renter. A Host is entitled to sell or dispose of Abandoned Goods where:
i. the Host first notifies Spacer with full particulars of the Stored Goods;
ii. the Host follows all reasonable directions of Spacer;
iii. having regard to the circumstances of the default or abandonment, Spacer will, at our absolute discretion, direct the Host to remit or retain any remaining proceeds of sale.
- Spacer Insurance
a. The Host is responsible for the Space and is expected to hold comprehensive home and contents insurance on the property on which the Space is located. Spacer recommends that the Host inform and confirm with their insurance provider the extension of their coverage under the terms of the Contract.
b. Spacer has arranged on behalf of Users an insurance policy (“Insurance Policy”) to provide specific cover against:
i. General (Public and Personal) Liability incurred by 3rd parties
ii. Errors & Omissions Liability
iii. Management Liability
c. The General Conditions that set the scope and conditions of the insurance contract for account are available on request from Spacer. Any claims made under this policy must be made directly through the Company or the Spacer Website.
- Spacer Property & Goods Guarantee
a. Further to the Insurance Policy, the Company, in its absolute discretion may offer to pay an amount in compensation to either a Host or Renter for loss or damage to your Stored Goods or your property, in instances where:
i. Accidental loss or damage to Stored Goods or property is suffered through no fault of either the Host or Renter or
ii. Payment of damages for loss suffered from the responsible party (either Host or Renter) is deemed unrecoverable.
b. Guarantee payments will be capped at an aggregate maximum per contract of $5,000 and are paid at the sole discretion of Spacer Marketplaces Pty Ltd.
c. In completing a booking, Spacer will ask Renters to list the items expected to be stored in the Space. It is a condition of the Spacer Property & Goods Guarantee that to be eligible to make a claim, the Renter must provide the list of items being stored when prompted in the website. Failure to comply with this requirement may invalidate the Guarantee.
d. Any payments made under this Guarantee are not an admission of any liability or responsibility but are intended to promote use of our services and build trust between Users. The Guarantee is a guarantee offered to Users and does not constitute a contract of insurance. The Company’s decisions on Guarantee payments are final and binding.
- Intellectual Property
a. The Website and all intellectual property belonging to or associated with the Company, including any trade mark or trade name, logos and software, and all content on the Website (including, but without limitation, text, graphics, videos, music, sound, links, and software) is and remains at all times the property of the Company and/or is used under licence from its suppliers and is protected under international treaty provisions and world-wide copyright laws and you agree that you will not infringe any such rights in any way.
b. Except as expressly permitted by these Terms and Conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any content in any way or on any medium (including other websites) without our prior written consent. Nor do we grant any express or implied right to you under any of our trademarks, copyrights or other proprietary rights.
c. The Company’s logo and any other image on the Website which bears the Company’s name are trademarks of the Company. They may not be used without our prior written consent.
d. All information and content uploaded or otherwise sent, by any means, by you to the Website or the Company or to other Users must not infringe any third party’s intellectual property or any other legal rights. You agree and warrant that you own or have permission from the owners to use any information or content you upload or send in the manner and for the purposes that you upload or send it.
e. When you upload or send information or other content to or via the Website, you grant the Company a worldwide, royalty-free, sub-licensable, non-exclusive licence to reproduce, edit, transmit and publish the information or content for the purposes of these Terms and Conditions.
a. All Users must treat all information available and otherwise provided through the Spacer Website as strictly confidential, and may only use that information for the purpose of organising the storage of goods through Spacer.
b. Confidential Information expressly includes contact details of each User, address for storage of goods, and information about any goods in storage and does not include any information already in the public domain, or independently known to the User.
- Limitations and Indemnity
a. Spacer provides the Website and its Services on an ‘as is’ and ‘as available’ basis. All conditions, terms, representations and warranties that are not expressly stated in these terms and Conditions, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
b. The Company gives no warranties, conditions, guarantees or representations in relation to the Website or Services:
i. as to the completeness or accuracy of any advice and information contained on or sent or received from the Website or any website to which it is linked;
ii. of any particular result or outcome of using the Website or Services, or that either will meet your requirements; or
iii. that the Website or Services, and content on the Website or the server that makes it available are error- or virus-free or free of other harmful components or that your use of the Site will be uninterrupted, timely, secure, or error-free.
c. All Contracts between Users are carried out entirely at your own risk. The Company and its officers, directors, investors and employees excludes to the fullest extent permitted by applicable law all liability for any claims, demands, damages, losses, costs and expenses, arising out of or in any way connected with any other arrangements that User(s) may have made in connection with this Website, or the User’s use of the Website. You rely on information provided by other Users at your own risk. The Company does not, control, inspect, endorse, approve or check the availability, condition or nature of advertised space or the accuracy, currency, truth or completeness of the information provided by Users of the Website and it is your responsibility to do this and to take any other necessary precautions before arranging or carrying out a Contract.
d. You agree to indemnify the Company from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising directly or indirectly from your breach of any of your obligations under these Terms and Conditions.
a. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Spacer cannot and does not offer Tax-related advice to any Users.
- Terms of electronic payment collection (Stripe)
a. Refer to Stripe terms of service on the Stripe website: https://stripe.com/au/terms
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