Terms of Use

Definitions
1. In these terms and conditions the following definitions apply:
  Account means an account created with Stor for the purpose of accessing the Services which includes the provision of a Referrer Code.
  
  Act(s) mean any legislation or statutory instrument of a State or Territory of Australia or of the Commonwealth of Australia.
  
  Claim means any action, claim, proceeding or demand whatsoever in relation to any dispute, whether presently existing or arising at any time in the future and whether referable to events or circumstances which have already occurred or which may occur in the future.
  
  Commission means 30%.
  
  Confidential information means all information in whatever form be it oral, in writing or electronic concerning the Service but does not include information that is in the public domain or was previously known to a third party.
  
  GST has the meaning set out in s. 195-1 of the GST Act.
  
  GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended.
  
  Host means a person who uses the Service to offer the use of their space for the storage of goods and chattels.
  
  Intellectual Property means copyright, registered and unregistered trademarks, design, patent, trade, business, company or domain names, any right to have confidential information kept confidential, other proprietary rights or any rights to registration of such rights existing anywhere in the world.
  
  Loss means all losses, costs, expenses and damages (including legal costs and disbursements) sustained or incurred, whether directly or indirectly or consequentially or in any other way.
  
  Moral Rightsmeans moral rights under the Copyright Act 1968 (Cth) or any similar rights existing under foreign laws.
  
  Personal Information has the meaning given in the Privacy Act 1988 (Cth).
  
  Referrer Code means a code provided by Stor to the Host or Renter upon the creation of an Account.
  
  Renter means a person who uses the Service to locate a Host.
  
  Service means the storage service by the Host to the Renter facilitated by Stor.
  
  Service Period means the period of use of the Service.
  
  Space means the storage space provided by the Host to the Renter.
General Terms
1. These terms of use (“Terms”) govern the Service provided by Stor Pty Ltd ABN 87 616 580 262 (“Stor”) and/or its related or affiliated entities and comprise the following non-exhaustive Services, however accessed:
  1. www.stor.com.au (“the Website”);
  2. The “Stor” mobile application (“the App”);
2. By accessing, downloading or using the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms and Stor’s Privacy Policy located at www.stor.com.au/privacy-policy (“Privacy Policy”).
3. Stor reserves the right to deny access or refuse registration to any person at any time at our sole discretion
4. All payments for the use of the Services must be made in advance of the Service Period by the Renter and all goods and/or chattels are stored at your sole risk. Stor is not liable for any loss or damage to your goods and/or chattels and liability, to the maximum extend permissible at law, vests with the Host.
5. You must not use this Service to store hazardous, dangerous, illegal, stolen, perishable, environmentally harmful or explosive goods.
6. The Host warrants that it is legally entitled to offer its Space for the purpose of the Services and that the Space is available for the Services.
7. The Renter warrants that it has legal title, authorisation and/or any consents required or necessary to deal with, including storage, the goods and/or chattels via the Service.
8. You must be legally entitled to purchase and/or use the Services in every respect. By entering into any transaction to use the Services, you warrant that you are legally entitled to do so in every respect.
9. You, the Renter and the Host, agree that you will not contact any person or entity, or attempt to make arrangement(s) that directly or indirectly circumvent or bypass Stor and/or its Services.
10. Stor reserves the right to amend or modify these Terms at any time, and it is your responsibility to review these Terms for any changes. If you do not agree to the revised Terms, your recourse is to discontinue the use of the Services. Your continued use of the Services following any amendment of these Terms renews your agreement and acceptance of the revised Terms.
Access
1. You agree to use the Services strictly for commercial and industrial use, you agree to be bound by the Terms, and you undertake not to reproduce, sell, hire or in any other way make use of the Services for commercial gain.
2. You must not use the Services, the Website or the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
3. Stor does not have and will not be deemed to have, knowledge of the Goods and is not a bailee nor a warehouseman of the goods or chattels stored via this Service.
4. The Host and the Renter, subject to Clause 3.12, agree that the Host does not take possession or title of any goods and/or chattels stored via this Service.
5. The Host agrees that it will accurately display the dimensions of its Space.
6. The Renter agrees that it will not attempt to store goods and/or chattels in the Host’s Space that exceed the Host’s displayed dimensions or use the Services to store goods and/or chattels that are oversized or logistically unreasonable to store within the Space. In the event of a dispute under this Clause 3.6 arises, the following will apply:
  1. If the Host is able to accommodate the Renter’s additional goods and/or chattels the Host may, at its election, make that Space available via the App and/or Website to the Renter with that arrangement and any Amount to be bound by these Terms;
  2. If the Host is unable to accommodate the Renter’s additional goods and/or chattels the Host may, at its election, either:
    1. Reject the additional goods and/or chattels and permit the Renter to store goods and/or chattels in the Space that does not exceed the dimensions of the Space; or
    2. Reject the Renter’s engagement of the Host and termination pursuant to Clause 7.3.
7. In order to access and use the features of the Services, the Website or the App, you acknowledge and agree that you will provide Stor with your mobile phone number and other Personal Information as reasonable required by Stor, including a copy of your current Australian Driver’s Licence. The Renter and the Host agree that the provision of any Personal Information associated with the use of this Service will be subject to the Privacy Policy.
8. The Host agrees to keep Stor and any current or prospective Renters informed as to any changes in the location of the Host’s space and agrees to provide thirty (30) days’ notice prior to any change to its location.
9. The Host hereby agrees to grant the Renter access to the Space upon reasonable notice given by the Renter to the Host of their intention to access the Space.
10. The Renter warrants that it will remove any and all goods and/or chattels stored via the Services from the Host before the expiration of the Service Period, and further agrees that failure to do so will deem said goods and/or chattels to be overstayed goods (“Overstayed Goods”). The Host agrees that it will provide the Renter and Stor notice in the event that goods and/or chattels become Overstayed Goods.
11. In the event that goods and/or chattels stored with the Host for a period of no less than thirty (30) days longer than the Service Period, and where notice pursuant to Clause 3.10 has been provided to the Renter, the Renter acknowledges that, in the event any Overstayed Goods, the Host, may, require payment of the Amount that would have been applied to the use of the Service for Overstayed Goods together with a detention fee of $50.00 per cubic metre per day.
12. The Renter agrees that Overstayed Goods become abandoned goods in the event that goods and/or chattels are Overstayed Goods for a period of thirty (30) days or more (“Abandoned Goods”).
13. In the event that goods and/or chattels become Abandoned Goods, the Renter agrees that the Host may, without further notice, enter the Space, by reasonable force or otherwise, and dispose of any goods and/or chattels in the Space on such terms that the Host may determine. The Host may also require payment of default action costs, including any costs associated with accessing the Host’s Space and disposal or sale of the Renter’s Goods. Any excess monies recovered by the Host on disposal will pursuant to this Clause 3.13 be returned to the Renter.
14. The Host and the Renter agree that any dispute in relation to Clauses 3.10, 3.11, 3.12, and/or 3.13 of this agreement arise between the Host and the Renter and both parties agree to hold Stor harmless to any Claim or Loss arising from their operation
15. Notwithstanding the effect of Clause 3.14, Stor will take all reasonable steps to ensure that the Renter is made aware of Notice provided pursuant to Clause 3.9 and that the Host is paid the Amount pursuant to the Service arrangement.
16. The Renter and the Host agree that Stor may, from time-to-time, facilitate third party insurance of goods and/or chattels stored via the Services
17. The Renter and the Host acknowledge that said insurer is a third party and that Stor may receive a sales commission from the insurer.
18. Stor will provide notice of any commission received by an insurer pursuant to Clause 3.17 prior to the finalisation of the insurance policy.
19. Subject to the Host’s availability and compliance with these Terms, the Renter may extend the Service Period at any time prior or during a Service Period via the Website or the Application.
Pricing
1. All prices are in Australian Dollars (AUD) and are inclusive of GST.
2. The Host and the Renter agree that Stor is a mere intermediary and may charge a fee of 30% of the Amount for facilitating the Services.
3. Stor reserves the right to alter prices from time-to-time at its sole discretion.
Payment
1. The Services are provided for the fee stipulated on the Website and/or App as it appears from time-to-time (“the Amount”)
2. The Amount (inclusive of all applicable taxes and charges) will be displayed on the Website and/or the App before you confirm your payment transaction. Proceeding with the payment transaction at this point is entirely optional and you warrant that you understand and agree to these Terms prior to processing payment.
3. The Amount is inclusive of Commission and Stor reserves the right to amend the Commission from time to time.
4. Stor reserves the right to apply a payment processing period of no longer than fourteen (14) days.
5. In addition to Clause 5.4, Stor will process payments to the Host on the Friday following the commencement of the Service Period
6. The Amount will be debited from your credit card, debit card, PayPal or such other means as prescribed by Stor from time to time. There may be a short delay before the transaction is fully processed.
7. You agree that Stor may deduct the Amount from your account in accordance with your selection upon your confirmation of the payment transaction. The payment of the Amount will be debited from the Renter on the commencement of the Service Period unless the Service Period is less than thirty (30) days in which case the Amount will be required to be prepaid.
8. In addition to Clause 5.7, Stor may provide direct debit (weekly or monthly) payment arrangements.
9. You acknowledge that, by providing your credit card or bank account details to Stor, the Amount will be charged to or drawn from your nominated credit card, debit card, bank account and you warrant that you are legally entitled to incur a charge to the nominated credit card, debit card, bank account.
10. You will remain strictly liable for the fulfilment of the Terms set out herein in respect of any and all Services from Stor with your credit card or debit card, notwithstanding that such cards may have been used by a person other than yourself.
11. Any information processed or created or obtained by Stor from any technology or equipment operated by Stor, including the Website, the App or the Service, shall be prima facie correct unless the contrary is proved by you and in respect of which the onus shall rest on you.
12. The Host and the Renter agree that any dispute in relation to quality, fitness for purpose, location, ownership, liability or any other action arising at law solely arises between the Host and the Renter.
13. The Host and the Renter agree to hold Stor harmless for any dispute in relation to quality, fitness for purpose, location, ownership, liability or any other action arising at law
14. A refund may be credited to you at the sole and absolute discretion of Stor, to the extent permissible under the Australian Consumer Law prescribed in Schedule 2 of the Consumer and Competition Act 2010 (Cth).
15. A refund will be returned to the original account of the Host and/or Renter.
Cancellation & Termination
1. Any cancellation requires seven (7) days’ notice to be provided by the Renter to the Host, and to Stor.
2. Stor reserves the right to charge a cancellation fee of up to 30% of the Amount charged for one (1) calendar week of use of the Services (“Stor Cancellation Fee”) where notice pursuant to Clause 7.1 is not provided.
3. The Host is entitled to charge cancellation fee of up to 70% of the Amount charged for one (1) calendar week of use of the Services (“Host Cancellation Fee”) where notice pursuant to Clause 7.1 is not provided.
4. At its sole discretion, Stor may elect to terminate any Service upon the giving of reasonable notice of its intention to cancel.
5. Stor may terminate a Service as a result of a breach of these Terms or for any other reason as it deems fit.
6. The Renter and the Host agree that Clause 7 is reasonable and fair.
7. The Host may be entitled to an additional cancellation fee not exceeding $150.00 in addition to effect of Cl. 7.3.
Complaints
1. Stor will ensure Hosts and Renters are satisfied with the Service and takes all complaints seriously if you are dissatisfied with the Service you may submit a complaint to [email protected].
2. All complaints may be recorded verbally, written and electronically.
3. In the event that a complaint is unable to be resolved within thirty (30) days, the parties agree that they must endeavour to settle any dispute in connection with the Services or these Terms by mediation (“Mediation”). Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties or, failing agreement within 7 days of receiving any party's notice of dispute, by a person appointed by the Chair of LEADR, (ACN 008 651 232, Level 1, 13-15 Bridge Street, Sydney NSW 2000; telephone: 02 9251 3366, fax: 02 9251 3733, email: [email protected]) or the Chair's designated representative
4. The LEADR Mediation Rules shall apply to the Mediation.
5. It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief that it has first offered to submit the dispute to mediation.
Intellectual Property
1. Stor reserves all rights and Intellectual Property in regards to these Terms. All content and images associated with these Terms remain the property of Stor.
2. The Stor Website & Mobile Application:
  1. The material(s) and content displayed on the Website or the App, including but not limited to the information, text, graphics, names, logos, trade marks, design and advertisements (“Content”) are protected by copyright, trade mark and other Intellectual property laws unless expressly indicated otherwise on the Website or the App.
  2. Except as permitted under Australian law, you are not permitted to copy, reproduce, republish, distribute, disseminate or display any of the information on the Website or the App.
  3. You must not use the Website or the App in any manner or for any purpose which is unlawful or which violates the rights of any owner of any Content. Unless expressly stated otherwise, nothing contained in the Website or the App should be construed as a licence or right of use of any Intellectual Property displayed on the Website or the App without the express written permission of the owner of the Intellectual Property.
  4. Stor’s Website or App may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and Stor takes no responsibility for the content, maintenance or privacy compliance of any such website(s).
3. Stor’s Service:
  1. You agree that Stor owns the Intellectual Property (including copyright, moral rights, registered and/or unregistered design rights, trade marks and/or patents) in everything Stor creates, provides or discloses in connection with the Services.
  2. If you provide any information to us, you warrant that our use of it for your matter will not infringe any other party’s Intellectual Property rights.
Privacy
1. Where Stor receives, collects or handles Personal Information in the course of processing and administering your account, Stor will ensure that it has taken and continues to take all reasonable technical and organisational measures against the unauthorised or unlawful processing or disclosure of the Personal Information.
2. All Personal Information collected by Stor will be treated in accordance with Stor’s Privacy Policy from time to time.
Warranties and Indemnity
1. You undertake, represent and warrant that any information or documents provided to Stor are truthful, accurate and correct.
2. You voluntarily release, forever discharge, and agree to indemnify and hold harmless Stor from any Loss or Claim relating to the Intellectual Property or use of the Service.
3. You agree to hold Stor harmless to any personal injury arising from the use of the Services.
Limitation of Liability
1. You expressly acknowledge and agree that the use of the Services, the Website, the App is at your sole risk and that the entire risk as to satisfactory performance, accuracy and effort is with you.
2. You hereby indemnify and hold Stor harmless in respect of any and all Claims of whatsoever nature that may arise against Stor as a result of your use of the Service, the Website and/or the App. Furthermore you indemnify and hold Stor harmless in respect of all claim(s) arising from any loss and/or damage arising from or relating to the Service, the Website and/or the App.
3. Where liability cannot be excluded, any liability incurred by Stor in relation to the use of the Website or the App, the Services or the Content is limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). To the extent permitted by law, Stor will not be liable for any indirect, incidental, special or consequential loss or damage.
Severance
1. If any provision of these Terms is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this document or affecting the validity or enforceability of that provision in any other jurisdiction.
Assignment
1. The rights are under these Terms are not assignable without the prior written consent of Stor.
Survival
1. Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 17 and 18 will continue to apply regardless of any express or implicit termination of these Terms.
Force Majeure
1. Stor will not be liable for failing to perform its obligations under these Terms as long as the failure is triggered by something beyond its reasonable control.
Governing Law
1. These Terms are governed by, and interpreted in accordance with, the laws of Queensland, and the parties submit to the non-exclusive jurisdiction of the courts located in Brisbane, Queensland.
Notices
1. The Renter and the Host must give Stor notices by pre-paid post to Stor’s registered address and by no other means unless otherwise agreed.
2. Stor may give the Renter and any Host any notice or demand:
  1. Sending it by post to the last known address that Stor has for the Renter or the Host respectively;
  2. Sending it by facsimile to the last known facsimile number that Stor has for Renter or the Host respectively;
  3. Providing Account notifications; or
  4. Sending it by email to the last known email address that Stor has for the Renter of the Host respectively.

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Terms of Use