Terms of Use

1. General
1.1 The Platform is owned and operated by SpacePAL Pty Ltd ABN: 70 621 227 512 (‘SpacePAL’, ‘we’, ‘us’ or ‘our’) and is offered to the user (‘User’, ‘you’ or ‘your’) in accordance with the Service Agreement.
1.2 We are responsible for the Service Offer in accordance with the Service Agreement and provide the Platform to enable the Service Offer.
1.3 Please read these Terms of Use carefully and understand they apply to all transactions between SpacePAL and the User.
1.4 These Terms of Use explain your rights and obligations and include terms that may limit or exclude your rights and govern the jurisdiction for any disputes.
1.5 You acknowledge and agree to review these Terms of Use prior to using the Platform and Service Offer and entering into the Service Agreement.
1.6 To the extent that anything in or associated with the Platform is in conflict or inconsistent with these Terms of Use, these Terms of Use will prevail.

2. Definitions
In these Terms of Use, unless the context otherwise requires:
2.1 ‘After Hours Service’ is when SpacePAL provides the Service Offer on Monday to Saturday from 6pm to 9pm excluding official public holidays in New South Wales, Australia, subject to SpacePAL’s availability.
2.2 ‘Billing Cycle’ means the User’s recurring monthly billing period commencing from the date of the User’s first monthly Storage Check-In anniversary.
2.3 ‘Business Day’ means a day on which banks, as defined in the Banking Act 1959 (Cth) are open for general banking in New South Wales, Australia excluding Saturdays, Sundays, public holidays or bank holidays.
2.4 ‘Confidential Information’ means all personal and corporate information the User acquires from SpacePAL in relation to the Service Offer. Information already in the public domain or within the User’s knowledge is not confidential under these Terms of Use.
2.5 ‘Driver’ means a SpacePAL representative who undertakes Storage Supplies Drop Off, Unused Storage Supplies Collection, Storage Pick Up, Transit and Return Delivery.
2.6 ‘Early Check-Out’ is when the Storage Duration is less than 3 months and the User undertakes Permanent Check-Out.
2.7 ‘Identification Label’ means a two-dimensional machine-readable optical label that contains information about the Storage Units or Packing Supplies to which the label is attached.
2.8 ‘Late Notice Appointment Change’ is when the User makes changes to scheduled appointment times or designated venues within 24 hours of the scheduled appointment, or when the User or their designated contact person cannot show valid photo identification at the time of the scheduled appointment.
2.9 ‘Liability’ means any tangible or intangible: loss; damage; liability whether actual or prospective; cost or expense of any description, including legal costs incurred by you or any third-parties arising from any action, inaction, claim, demand, suit or legal action, however construed, expressly, including contract, tort, bailment, personal injury, death or negligence; loss of goodwill; business interruption; or for any direct, indirect, incidental, special, consequential, exemplary or punitive loss or damage arising out of or related to the Service Offer, however it may arise.
2.10 ‘Minimum Packaging Requirements’ means the minimum packaging standard SpacePAL accepts in relation to the Service Offer, as detailed in Schedule 2.
2.11 ‘No Show Event’ is when the User makes an appointment for Storage Supplies Drop Off, Unused Storage Supplies Collection, Packing Support, Unpacking Support, Storage Pick Up or Return Delivery and SpacePAL is required to wait in excess of 15 minutes from arrival at the User’s designated address or SpacePAL cannot reasonably access or park at the User’s designated address.
2.12 ‘Normal Service Hours’ means SpacePAL’s normal operating hours, being Monday to Saturday from 7am to 6pm excluding Sunday and official public holidays in New South Wales, Australia.
2.13 ‘Order Deposit’ means the refundable deposit the User pays to secure delivery and use of SpaceBOXES and tape dispensers during the Storage Check-In process, or as otherwise required under the Service Offer.
2.14 ‘Other Storage Item’ means a fit for purpose storage unit being a carton, case or bag which the User supplies to enable the Service Offer.
2.15 ‘Out of Zone Service’ is when SpacePAL provides the Service Offer outside of the specified Sydney metropolitan service areas in New South Wales, Australia.
2.16 ‘PACKING Specialist’ means a SpacePAL representative who provides Packing Support and Unpacking Support.
2.17 ‘Packing Supplies’ means tape dispenser, packaging tape, bubble wrap, packing paper, dry cell and any other packing supplies SpacePAL provides the User.
2.18 ‘Packing Support’ is when a PACKING Specialist provides the User support with sorting, packing and cataloguing prior to Storage Pick Up.
2.19 ‘Permanent Check-Out’ is when the User undertakes Storage Check-Out on a permanent basis.
2.20 ‘Platform’ means SpacePAL’s website (SpacePAL.com.au), mobile application (SpacePAL App) or any other service, software or platform SpacePAL manages.
2.21 ‘Prohibited Documents’ means the following type of documents: title deeds; birth, death, adoption and marriage certificates; wills and testamentary trust; powers of attorney; investment, financial, taxation and banking documents; share certificates, securities and bonds; citizenship papers and passports; and diplomas and transcripts.
2.22 ‘Prohibited Storage Contents or Services’ means the contents or services SpacePAL prohibits in relation to the Service Offer, as detailed in Schedule 3.
2.23 ‘Referral Program’ means SpacePAL’s credit to promoters or Storage discount to referrers for the provision of qualified leads that transition to a User taking up the Service Offer.
2.24 ‘Retire My Storage’ is when the User immediately transfers ownership and title of nominated Storage Units to SpacePAL to enable their effective donation, disposal or sale.
2.25 ‘Return Delivery’ is when SpacePAL delivers Storage Units to the User’s designated address and contact person, whether on a temporary or permanent basis.
2.26 ‘Same Day Service’ is when SpacePAL provides the Service Offer on the same day the User requests the Service Offer, subject to the request being received on Monday to Saturday by 10am excluding Sunday and official public holidays in New South Wales, Australia, and subject to SpacePAL’s availability.
2.27 ‘Schedule’ means any of SpacePAL’s numbered schedules forming part of the Service Agreement, which may be varied from time to time.
2.28 ‘Service Agreement’ means the agreement entered into between SpacePAL and the User incorporating these Terms of Use, Schedules, Privacy Policy and any other terms and conditions associated with the Service Offer and/or the Platform.
2.29 ‘Service Fees’ means the fees SpacePAL charges the User in relation to the Service Offer, as detailed in Schedule 1 and on the Platform, as well as any other fees SpacePAL may deem appropriate or retain.
2.30 ‘Service Offer’ means the User’s request for services through the Platform or through our team, being a legally binding offer and acceptance to form the Service Agreement, including Storage Supplies Drop Off, sale of Packing Supplies, Unused Storage Supplies Collection, Packing Support, Unpacking Support, Storage Pick Up, Transit, Storage, Storage Check, Storage Repack, SpaceCOVER, Return Delivery, Retire My Storage, Storage Check-In, Storage Check-Out, Storage Facility and Service Fees.
2.31 ‘SpaceBOXES’ means boxes SpacePAL supplies to the User to enable the Service Offer.
2.32 ‘SpaceCOVER’ means SpacePAL’s total Liability to the User in relation to the Service Offer in accordance with these Terms of Use.
2.33 ‘Storage’ is when SpacePAL stores the User’s Storage Units in accordance with the Service Offer.
2.34 ‘Storage Check’ is when SpacePAL opens the User’s nominated Storage Unit, upon receiving the User’s express request and authorisation to do so, for the purpose of locating or confirming specific Storage Contents contained in a Storage Unit.
2.35 ‘Storage Check-In’ means the process of Storage Supplies Drop Off, Storage Pick Up, Transit of Storage Units to the Storage Facility and Unused Storage Supplies Collection.
2.36 ‘Storage Check-Out’ means the process of Transit of Storage Units from the Storage Facility and Return Delivery, whether on a temporary or permanent basis.
2.37 ‘Storage Contents’ means the User’s items or possessions (excluding Prohibited Contents or Services and Prohibited Documents) which the User, Driver or PACKING Specialist packs into Storage Units to enable the Service Offer.
2.38 ‘Storage Duration’ means the period during the Service Offer commencing from Storage Pick Up to and including Return Delivery.
2.39 ‘Storage Facility’ means any premise SpacePAL designates or uses for Storage.
2.40 ‘Storage Pick Up’ is when SpacePAL collects Storage Units from the User’s designated address and contact person for the purpose of transport to the Storage Facility.
2.41 ‘Storage Repack’ means the mandatory repacking of Storage Contents when a Storage Unit does not meet SpacePAL’s Minimum Packaging Requirements, as detailed in Schedule 2.
2.42 ‘Storage Supplies Drop Off’ is when SpacePAL delivers empty SpaceBOXES, Storage TAGS and Packing Supplies to the User.
2.43 ‘Storage TAG’ means an Identification Label that is attached to and used to identify Other Storage Units.
2.44 ‘Storage Units’ means SpaceBOXES or Other Storage Units containing Storage Contents relating to the Service Offer.
2.45 ‘Temporary Check-Out’ is when the User undertakes Storage Check-Out on a temporary basis.
2.46 ‘Transit’ means the period of time between Storage Pick Up and transport to the Storage Facility or the period of time between transport from the Storage Facility and Return Delivery.
2.47 ‘Unused Storage Supplies Collection’ is when SpacePAL collects tape dispensers, unused Storage TAGS and empty SpaceBOXES from the User.
2.48 ‘Unpacking Support’ is when a PACKING Specialist or Driver provides the User support with unpacking following Storage Check-Out.

3. Interpretation
In the interpretation of these Terms of Use, the following rules apply unless otherwise specified or the context requires otherwise:
3.1 References to legislation or to provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation.
3.2 Headings are for convenience only and do not affect interpretation.
3.3 Words denoting the singular include the plural, and vice versa.
3.4 Words denoting individuals or persons include bodies corporate and vice versa.
3.5 Grammatical forms of defined words or phrases have corresponding meanings.
3.6 The words ‘including’ or ‘includes’ are not words of limitation.
3.7 References to a party are intended to bind their executors, administrators and permitted transferees.
3.8 References to documents or agreements also mean those documents or agreements as changed, novated or replaced.
3.9 References to a Schedule are references to a Schedule under the Service Agreement.
3.10 References to an amount of money, including ‘dollars’ or ‘$’ are references to the amount in the lawful currency of the Commonwealth of Australia and include Goods and Services Tax (‘GST’) under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
3.11 If the day on or by which anything is to be done is not a Business Day, then it must be done by the next Business Day.
3.12 References to a ‘day’ or a ‘month’ are references to a calendar day or to a calendar month, as applicable.
3.13 Parties must perform their obligations on the dates and times fixed by reference to Sydney, New South Wales, Australia.

4. Agreement between SpacePAL and the User
4.1 By registering as a User, you enter into a legally binding agreement with us, being the Service Agreement. You expressly warrant and represent you are 18 years of age or over and have full legal capacity to enter into the Service Agreement.
4.2 By using the Platform and Service Offer and entering into the Service Agreement, you expressly indicate you have read, understood and accept these Terms of Use and you acknowledge and agree to be bound by them.
4.3 By uploading information to the Platform, you give SpacePAL an irrevocable worldwide licence to use such information for the purposes of the Service Agreement.
4.4 We are not a common carrier and do not accept any Liability as a common carrier. Subject to the Service Agreement, we reserve the right to refuse to provide the Service Offer.

5. Use of the Platform
5.1 You warrant you will only use the Platform and any of its content:
5.1.1 For the Service Offer;
5.1.2 For lawful purposes and in accordance with all applicable local, state, national and international laws, rules and regulations;
5.1.3 In a way that does not damage, incapacitate, circumvent security, place unreasonable burden, alter the content or otherwise disrupt the operation or impair the functionality of the Platform, including uploading any data, scripts or other software. You also acknowledge and agree not to hack or reverse-engineer the function of the Platform; or
5.1.4 In a manner where you take the necessary precautions to ensure the process you use to access the Platform does not expose you to vulnerabilities, viruses, defects or other harmful components that may damage your own computer system.
5.2 You warrant not to use the Platform or any of its content to:
5.2.1 Harm, threaten, abuse, harass, stalk, defame, discriminate (including race, sex, religion, ethnicity, disability, sexual orientation or age) or otherwise offend any party;
5.2.2 Mislead, deceive or invade another’s privacy;
5.2.3 Communicate, publish or distribute any material which is unlawful, abusive, obscene, indecent, inappropriate, tortuous, defamatory or otherwise offensive;
5.2.4 Scrape, index, reproduce, redistribute or republish any part of the Platform;
5.2.5 Violate the rights of any third-party;
5.2.6 Access, scrape or archive content such as scripting software, using automated means;
5.2.7 Use, create or distribute any device or software that interacts with the Platform;
5.2.8 Send unsolicited communications, advertising or promotional materials, including spam, junk mail, chain letters or pyramid schemes to us. This includes use of contact information provided on the Platform including email addresses, phone numbers and addresses, or any contact mechanisms and forms. Nor must you spam or send unsolicited communications, advertising or promotional materials to another User or to any other party;
5.2.9 Distribute or link to any malware or malicious code, including computer viruses, worms, trojan horses, logic bombs, spyware, adware or any other program which may disrupt, destroy, damage, harm, limit, circumvent security measures, or cause undesirable effects to the functionality of computer software, hardware, networks or telecommunications systems;
5.2.10 Infringe the copyright, trademarks or other intellectual property rights of any third-party;
5.2.11 Give the impression that content derives from SpacePAL, its directors, officers, employees, agents or contractors;
5.2.12 Manipulate, alter or circumvent any fees listed on the Platform;
5.2.13 Interfere with any other party’s use of the Platform; or
5.2.14 Change or manipulate another User’s account or information.

6. User account
6.1 When you create a User account on the Platform, or as part of your continued use of the Platform, you must provide us with accurate, up to date and complete information, including current valid:
6.1.1 Identification;
6.1.2 Contact details;
6.1.3 Credit card details; and
6.1.4 Alternate contact person identification and contact details.
If you provide any incorrect or false information you will be in breach of the Service Agreement.
6.2 If you use credit card details on your User account which do not belong to you, you warrant and represent that you have the express prior consent of the authorised credit card account holder and you indemnify SpacePAL in accordance with these Terms of Use.
6.3 You must notify us of any changes to your User account, contact information and credit card details within a timely manner. You undertake to provide us with notice of any changes to information relating to your identity, contact and credit card details within 5 days by email to: admin@spacepal.com.au
6.4 Subject to these Terms of Use, we grant you a non-exclusive, non-transferable licence to use the Platform. You must not use another User’s account without our prior express written consent.
6.5 We will process your personal information in accordance with our Privacy Policy.
6.6 You warrant and represent that you are the legal owner, or you have the express permission or authority of the legal owner, of all Storage Contents for which you request the Service Offer.
6.7 You warrant and represent:
6.7.1 You will not use the Service Offer or your User Account in any way that is unlawful or likely to be unlawful or to store Prohibited Storage Contents or Services or Prohibited Documents;
6.7.2 You are solely responsible for any information you submit to us via your User account;
6.7.3 You are solely responsible for the use or misuse of your account by any other party;
6.7.4 To maintain the security and integrity of your User account login credentials, including your username, password and details relating to your unique user identity question; and
6.7.5 If you reasonably suspect the security or integrity of your User account has been compromised you will notify us immediately by email to: admin@spacepal.com.au
6.8 We reserve the right to close, limit access or suspend your User account at any time for any reason, including non-payment, default, repossession and/or activities which breach the Service Agreement and our Privacy Policy.

7. SpacePAL services
7.1 Upon making a request through the Platform, SpacePAL will provide the Service Offer to you within our 48 hour standard service window during Normal Service Hours.
7.2 You can request Same Day Service, After Hours Service and Out of Zone Service through the Platform or our team.
7.3 Scheduled appointment times are estimates only. SpacePAL will not be liable for any appointment delay.
7.4 We reserve the right to cancel, postpone or otherwise reschedule any appointment for any reason we deem necessary in our sole and absolute discretion, including any situation which may compromise the safety of a SpacePAL employee, agent, contractor or any other individual or where access to the User’s designated address is limited or unsafe.
7.5 We reserve the right to perform Storage Supplies Drop Off, Unused Storage Supplies Collection, Storage Pick Up, Return Delivery and Transit in any manner and by any route we deem fit in our sole and absolute discretion. We may undertake Storage Supplies Drop Off, Unused Storage Supplies Collection, Storage Pick Up, Return Delivery and Transit in instalments.
7.6 SpacePAL will make every effort to contact you on your nominated phone number in order to avoid a No Show Event. Where a No Show Event occurs, you acknowledge and agree:
7.6.1 You will be charged Service Fees in relation to the No Show Event;
7.6.2 Where we sub-contract Storage Supplies Drop Off, Unused Packing Collection, Storage Pick Up and/or Return Delivery to an agent, contractor or other third-party, in addition to Service Fees you will be charged the actual amount the third-party charges us plus an operating margin; and
7.6.3 In the case of Return Delivery, we will return Storage Units to the Storage Facility.
7.7 SpacePAL is not responsible for dismantling, disconnecting, reconnecting or assembling any Storage Contents or any other fixtures, fittings or equipment.
7.8 You warrant and represent Storage Units meet SpacePAL’s Minimum Packing Requirements and:
7.8.1 We have no Liability due to your failure to meet Minimum Packing Requirements; and
7.8.2 You are responsible for Liability to SpacePAL’s employees, agents, contractors or any other third-party as a result of your failure to meet Minimum Packing Requirements.
7.9 Should Minimum Packing Requirements not be met, we reserve the right in our sole and absolute discretion, and at your cost to:
7.9.1 Refuse Storage Pick Up;
7.9.2 Repack Storage Units to meet Minimum Packing Requirements; or
7.9.3 Return Storage Units to you.
7.10 You warrant you will not use the Service Offer in relation to Prohibited Storage Contents or Services or Prohibited Documents and we have no Liability to you should you do so.
7.11 We reserve the right to notify police and/or any other relevant authority regarding any Prohibited Storage Contents or Services we reasonably suspect to be illegal, hazardous or dangerous.
7.12 We reserve the right to open Storage Units to inspect Storage Contents at any time and without notice to you where we:
7.12.1 Suspect your Storage Units contain Prohibited Storage Contents or Services or Prohibited Documents. In such case, we reserve the right to open and search any or all of your Storage Units;
7.12.2 Are required to do so by police, fire services, relevant authority or otherwise pursuant to the law, court order or warrant;
7.12.3 Need to investigate title to Storage Contents in the event of a dispute; or
7.12.4 Deem it necessary in the case of an emergency (including suspicion of hazardous substances or unidentified items) or to prevent death, injury or damage to persons or property.
7.13 Where we become aware any of your Storage Units contain Prohibited Storage Contents or Services or Prohibited Documents, then we may open and search all of your Storage Units. Any Prohibited Storage Contents or Services or Prohibited Documents found in any of your Storage Units will be:
7.13.1 Surrendered to police and/or any other relevant authority;
7.13.2 Removed and disposed of; or
7.13.3 Returned to you.
7.14 You will be charged Service Fees for each Storage Unit found to contain Prohibited Storage Contents or Services or Prohibited Documents. Further Service Fees may also be applied for removal, disposal or return to you, depending on the nature of the Prohibited Storage Contents or Services or Prohibited Documents.
7.15 We reserve the right to refuse the Service Offer, or to terminate the Service Offer and return Storage Contents to you at any time, and at your cost where you have used the Service Offer in relation to Prohibited Storage Contents or Services or Prohibited Documents.
7.16 We reserve the right to refuse the Service Offer, or to terminate the Service Offer and return Storage Contents to you at any time, and at your cost if we reasonably determine that providing or continuing to provide you with the Service Offer may:
7.16.1 Breach any applicable local, state, national or international laws, rules, and regulations;
7.16.2 Represent a risk to the safety of a SpacePAL employee, agent, contractor or any other individual;
7.16.3 Compromise the security of a Storage Facility; or
7.16.4 Degrade or cause damage to SpacePAL’s brand equity or reputation.
7.17 You acknowledge and agree if title to Storage Contents is subject to a dispute then:
7.17.1 We reserve the right to retain the Storage Contents until such time as the dispute is resolved; and
7.17.2 You indemnify SpacePAL in accordance with these Terms of Use.
7.18 Where you request we perform a Storage Check you warrant we are not responsible for Liability arising from performing the Storage Check.
7.19 We will determine the Storage Facility we use and may move Storage Units from time to time in our sole and absolute discretion.
7.20 To ensure security of Storage Units, Users and member of the public will not be permitted to enter the Storage Facility.
7.21 Whilst we make reasonable efforts to place all Storage Units in suitable environments, we do not warrant any Storage Facility is a suitable place for Storage of Storage Units. SpacePAL is not responsible for Liability arising from a Storage Facility being an unsuitable for Storage.
7.22 You acknowledge and agree that Storage will not be in a climate-controlled environment. Whilst we make reasonable efforts to maintain the temperature of a Storage Facility, we do not regulate air flow, moisture levels and heat. We will take all reasonable steps to protect your items from mould, mildew or similar microorganisms, however we cannot guarantee that mould, mildew or similar microorganisms may not develop on or in Storage Units. SpacePAL is not responsible for Liability arising from any mould, mildew or similar microorganisms on or in Storage Units.
7.23 By selecting the Retire My Storage option you warrant to immediately transfer ownership and title of nominated Storage Units to SpacePAL. Where a third-party claim arises in relation to Storage Units after the Retire My Storage option has been selected, you indemnify SpacePAL in accordance with these Terms of Use.

8. User responsibilities
8.1 You are responsible for:
8.1.1 Securely and safely packing your Storage Contents into each Storage Unit in accordance with Minimum Packaging Requirements;
8.1.2 Ensuring the Identification Label and/or Storage TAG on Storage Units is ready to be scanned. You must not cover, damage or deface the Identification Label and/or Storage TAG;
8.1.3 Ensuring you add Storage Contents to your User account online storage catalogue;
8.1.4 Ensuring you or your designated contact person are present at the designated address for appointments, including Storage Supplies Drop Off, Unused Storage Supplies Collection, Packing Support, Storage Pick Up, Return Delivery and/or Unpacking Support. You or your designated contact person must show valid photo identification at the time of the scheduled appointment, otherwise your appointment will be rescheduled, and we will charge Service Fees for a Late Notice Appointment Change;
8.1.5 Ensuring that SpacePAL’s employees, agents or contractors have access and use of parking facilities reasonably required to carry out the Service Offer. Our employees, agents or contractors will not remove doors or make other environmental alterations to carry out the Service Offer;
8.1.6 Notifying us of any changes by 10am the day before:
8.1.6.1 Storage Supplies Drop Off;
8.1.6.2 Unused Storage Supplies Collection;
8.1.6.3 Packing Support;
8.1.6.4 Storage Pick Up;
8.1.6.5 Return Delivery; or
8.1.6.6 Unpacking Support.
8.1.7 Notifying us within 24 hours of any loss or damage to Storage Units which may have occurred during Packing Support, Storage Pick Up, Return Delivery and/or Unpacking Support.

9. Loss or damage
9.1 The Australian Consumer Law (‘ACL’) and these Terms of Use govern our Liability to you. SpacePAL is not responsible to you for any Liability whatsoever and howsoever arising, but for our Liability under the ACL and SpaceCOVER.
9.2 SpacePAL’s Liability to you:
9.2.1 When we complete Return Delivery of Storage Units, you must immediately examine Storage Contents and notify the Driver of any loss or damage to Storage Contents. If you or your designated contact person fail to notify the Driver of any loss or damage when we complete Return Delivery, we will deem that you have accepted the Storage Contents on an ‘as is’ basis and we will have no Liability to you.
9.2.2 In the event you notify us of loss or damage in accordance with these Terms of Use, we will request proof of the cost price and the current replacement cost price of lost or damaged Storage Contents. You must promptly respond to our requests for information and documents. If you do not provide us with the information or documents sought within 28 days of our request, we have no Liability to you.
9.2.3 In respect of each Storage Unit, our standard SpaceCOVER for Storage Contents is included at no additional Service Fees during the Storage Duration and will not exceed the lesser of:
9.2.3.1 The cost price of the lost or damaged Storage Contents;
9.2.3.2 The current replacement cost price of the lost or damaged Storage Contents at the date of notifying us; or
9.2.3.3 The sum of $150.00.
9.2.4 You may choose to upgrade SpaceCOVER by purchasing silver, gold, or platinum SpaceCOVER for additional Service Fees. Once selected, your upgraded SpaceCOVER will apply from the next day and must be paid in advance up to the end of your current Billing Cycle.
9.2.5 In respect of each Storage Unit, our silver SpaceCOVER for Storage Contents during the Storage Duration will not exceed the lesser of:
9.2.5.1 The cost price of the lost or damaged Storage Contents;
9.2.5.2 The current replacement cost price of the lost or damaged Storage Contents at the date of notifying us; or
9.2.5.3 The sum of $300.00.
9.2.6 In respect of each Storage Unit, our gold SpaceCOVER for Storage Contents during the Storage Duration will not exceed the lesser of:
9.2.6.1 The cost price of the lost or damaged Storage Contents;
9.2.6.2 The current replacement cost price of the lost or damaged Storage Contents at the date of notifying us; or
9.2.6.3 The sum of $450.00.
9.2.7 In respect of each Storage Unit, our platinum SpaceCOVER for Storage Contents during the Storage Duration will not exceed the lesser of:
9.2.7.1 The cost price of the lost or damaged Storage Contents;
9.2.7.2 The current replacement cost price of the lost or damaged Storage Contents at the date of notifying us; or
9.2.7.3 The sum of $600.00.
9.2.8 In any case, where the User has multiple Storage Units, our total Liability for Storage Contents during the Storage Duration will not exceed the lesser of:
9.2.8.1 The cost price of the lost or damaged Storage Contents;
9.2.8.2 The current replacement cost of the lost or damaged Storage Contents at the date of notifying us; or
9.2.8.3 The sum of $1,000.00.
9.3 You agree, covenant and warrant:
9.3.1 If you request a Temporary Check-Out, Storage Contents will not be covered by SpaceCOVER in the period between Return Delivery and Storage Pick Up;
9.3.2 Any Storage Contents which are not listed in your online storage catalogue will not be covered by SpaceCOVER; and
9.3.3 Prohibited Storage Contents or Services or Prohibited Documents will not be covered by SpaceCOVER and we have no Liability to you should you use the Service Offer for Prohibited Storage Contents or Services or Prohibited Documents.

10. Australian Consumer Law and consumer guarantees
10.1 SpacePAL acknowledges that the ACL in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws may confer certain rights and remedies to you relating to SpacePAL’s supply of goods and services, which cannot be excluded, restricted or modified.
10.2 If you are a consumer under the ACL, SpacePAL provides all of the consumer guarantees contained therein, to the extent to which they apply to the Service Agreement. Where there is a breach of any of the applicable consumer guarantees contained in the ACL, then to the fullest extent permitted by law SpacePAL’s Liability to you is limited to:
10.2.1 SpacePAL replacing the goods or supplying equivalent goods to you, or, at our option, SpacePAL paying you the cost of replacing the goods or acquiring equivalent goods; and/or
10.2.2 SpacePAL supplying the services to you again, or, at our option, SpacePAL paying you the cost of having the services supplied to you again.

11. Service Fees, billing and payment
11.1 By using the Service Offer you acknowledge and agree to the Service Fees and our billing and payment terms.
11.2 Using the credit card associated with your User account, SpacePAL will automatically charge, on a recurring basis, an amount due for 1 month in advance for Service Fees relating to monthly Storage and upgraded SpaceCOVER charges based on the number of Storage Units we hold in Storage for you and your level of SpaceCOVER at the conclusion of your Billing Cycle. SpacePAL may also obtain pre-approval from the credit card for an amount up to the amount of the transaction.
11.3 We may contact you periodically by email to the email address associated with your User account for billing reminders and other account related communications.
11.4 We reserve the right in our sole and absolute discretion to:
11.4.1 Vary Services Fees and payment terms for existing services; and
11.4.2 Add Service Fees and payment terms for new services.
11.5 If you do not agree to the varied Service Fees, then you may terminate the Service Agreement in accordance with these Terms of Use.
11.6 If you are an existing User:
11.6.1 If we vary Service Fees relating to monthly Storage and upgraded SpaceCOVER charges, you will be notified by email to the email address associated with your User account or through the Platform, not less than 14 days in advance of your next Billing Cycle, with varied Service Fees being effective from commencement of your next Billing Cycle;
11.6.2 If we vary any other Service Fees, that is other than those relating to monthly Storage and upgraded SpaceCOVER charges, these Service Fees will be effective immediately;
11.6.3 Payment of Services Fees for monthly Storage charges and SpaceCOVER for any additional Storage Check-In (subsequent to the first Storage Check-In) must be made in advance to the end of your Billing Cycle in which Storage Check-In is made; and
11.6.4 Upgrades or downgrades to your level of SpaceCOVER will be charged, and will take effect, at the commencement of your next Billing Cycle.
11.7 If you are a new User:
11.7.1 If we vary Service Fees relating to monthly Storage and upgraded SpaceCOVER charges, you will be charged varied Service Fees immediately upon taking up the Service Offer;
11.7.2 If we vary any other Service Fees, that is other than those relating to monthly Storage and upgraded SpaceCOVER charges, these Service Fees will be effective immediately;
11.7.3 Payment of Services Fees for monthly Storage and upgraded SpaceCOVER must be made in advance of the date of your first Storage Check-In, for the period of your first Billing Cycle; and
11.7.4 Upgrades or downgrades to your level of SpaceCOVER will be charged, and will take effect, at the commencement of your next Billing Cycle.
11.8 Where you request Permanent Check-Out during a Billing Cycle and you have paid Service Fees relating to monthly Storage and upgraded SpaceCOVER in advance, up to the end of your current Billing Cycle, you will not be charged additional Service Fees relating to monthly Storage and upgraded SpaceCOVER for the applicable Storage Units.
11.9 We reserve the right in our sole and absolute discretion to make the final decision in respect to Service Fees applied to Other Storage Units.
11.10 We reserve the right in our sole and absolute discretion to charge additional Service Fees above the Order Deposit as we deem reasonable.
11.11 We reserve the right in our sole and absolute discretion to retain your Order Deposit if you have not arranged for Unused Storage Supplies Collection and/or Storage Pick Up to occur within 3 weeks of the initial Storage Supplies Drop Off.
11.12 You acknowledge and agree you will be charged Service Fees in relation to:
11.12.1 Permanent Check-Out for less than 3 Storage Units;
11.12.2 Monthly Storage and SpaceCOVER charges during Temporary Check-Out;
11.12.3 Early Check-Out;
11.12.4 Additional time a Driver spends with you in excess of the 30 minute appointment time, which will be charged per half hour or part thereof; and
11.12.5 Time a PACKING Specialist spends with you, which will be charged per half hour or part thereof.

12. Storage discounts
Referral Program discount
12.1 We will apply to both you and a new User a Referral Program discount on Service Fees relating to monthly Storage-only charges when a new User:
12.1.1 Enters your unique referral code into their User account profile upon first using the Service Offer; and
12.1.2 Spends a minimum of $100.00 on Service Fees relating to monthly Storage-only charges.
12.2 The Referral Program discount will only be applied on the basis you acknowledge and agree to the following conditions:
12.2.1 Each individual or business may only use your unique referral code once;
12.2.2 You will not post your unique referral code on voucher, coupon or discount code sharing websites or affiliate marketing scheme websites;
12.2.3 You will not create false User accounts, fabricate redemptions or otherwise engage in any attempt to obtain a Referral Program discount through forgery, fraud or deceit; and
12.2.4 You will not exceed the maximum of 10 referrals for which you can claim a Referral Program discount.

Student discount
12.3 We will apply a student discount on Service Fees relating to monthly Storage-only charges:
12.3.1 If you validate you are a full-time student by providing evidence of a student identification card from an accredited educational institution, when requested;
12.3.2 If you are not already receiving a promotional discount.
Senior citizen discount
12.4 We will apply a senior citizen discount on Service Fees relating to monthly Storage-only charges if you validate you are at least 65 years of age.
Volume discount
12.5 We will apply a volume discount on Service Fees relating to monthly Storage-only charges if you spend a minimum of $175.00 on Service Fees relating to monthly Storage-only charges charged at the commencement of your Billing Cycle .
Promotional discount
12.6 We will apply a promotional discount on Services Fees relating to monthly Storage-only charges:
12.6.1 Within the specified promotional period;
12.6.2 If you enter the specified promotional code;
12.6.3 You acknowledge and agree you will not post your unique referral code on voucher, coupon or discount code sharing websites, affiliate marketing scheme websites or other third-party websites; and
12.6.4 You acknowledge and agree you will not create false User accounts, split your bookings with the intention of exploiting a promotional code or otherwise engage in any attempt to obtain a promotional discount through forgery, fraud or deceit; and
12.6.5 If you are not already receiving a student or senior citizen discount.
12.7 If we reasonably believe you have improperly acquired a discount or if you are associated with Prohibited Storage Contents or Services or Prohibited Documents, we reserve the right to revoke, reverse or clawback any discount, or take any other action which we deem reasonable in our sole and absolute discretion.
12.8 The 5FOR3MTHS promotional period runs from 1st Feb 2019 to 31st March 2019. Customer who have liked SpacePAL and enter the 5FOR3MTHS promotional code with their initial Boxes and Supplies order, and then complete their first Storage Check In by the 31st of March, will qualify for a 5% discount on their storage only charges for all storage held for a period of 90 days from the initial Storage Check In up to a maximum $50 per month discount.
12.9 The NEXT50FB promotional period runs from 1st June 2019 to 31st July 2019. Customers who enter the NEXT50FB promotion code with their initial Boxes and Supplies order, and then complete their first Storage Check In by the 13th of August 2019, will qualify for a 100% one month discount on their storage only charges for all storage held during the promotional period up to a maximum $250 storage only discount.

13. Late payment and non-payment
13.1 We are not responsible for any delayed or failed payment due to your failure to keep your User account details current, including your credit card details. We may apply a late payment administration charge to cover our costs if the issuer of your credit card refuses to or does not, for any reason, authorise payment to us.
13.2 If we do not receive payment of Service Fees and any other amounts payable by you, by the due date, or payment is subject to chargeback, we may without prejudice to any other right or remedy, including the right to withhold or dispose of Storage Contents in accordance with these Terms of Use:
13.2.1 Charge 10% interest per annum calculated daily on the outstanding amount;
13.2.2 Charge a late payment follow up fee per follow up phone call, email or letter sent in the process of collecting the outstanding debt; and/or
13.2.3 Collect any charges from you for any bank fees, abandoned storage, disposal costs, auction or sale fees, transaction fees and any other costs, disbursements and expenses incurred by us.
13.3 Should your account balance regularly be overdue, we reserve the right to require payment by cash, credit card, electronic funds transfer, direct debit, bank cash deposit or bank cheque.

14. Right to withhold or dispose of Storage Units
14.1 SpacePAL as bailee undertakes Storage on behalf of the User as bailor. Subject to these Terms of Use, the Storage Units remain the property of the User and we do not acquire any legal or equitable interest in the Storage Units.
14.2 You grant SpacePAL the right to withhold and if necessary dispose of some or all Storage Units in accordance with these Terms of Use. You will be responsible for all Service Fees and any other costs, disbursements and expenses incurred by us in withholding and disposing of Storage Units.
14.3 We will deem Storage Units to be abandoned if:
14.3.1 Subject to any request for Return Delivery, SpacePAL has not been able to undertake Return Delivery of specified Storage Units within 28 days;
14.3.2 Storage Units are in breach of the User’s warranties and representations, including being Prohibited Storage Contents or Services, Prohibited Documents or contents the User does not legally own; or
14.3.3 You fail to pay all amounts due, upon expiration of SpacePAL’s 28 day written notification period requiring you to pay all Service Fees and any other costs, and to contact SpacePAL to arrange for Return Delivery.
14.4 We will be entitled to dispose of some or all abandoned Storage Units by sale, auction, charitable donation or otherwise and:
14.4.1 You will be responsible for all costs reasonably incurred by us in relation to the disposal of abandoned Storage Units. If SpacePAL receives money on disposal of abandoned Storage Units, the net proceeds of sale or auction will be credited to your User account. We will pay any excess to you without interest, less Service Fees relating to abandoned storage and less any other costs, disbursements and expenses incurred by us;
14.4.2 If, after having made all reasonable efforts to do so, we are unable to return any excess sale or auction proceeds to you, including having given you not less than 60 days written notice, we may retain any such excess proceeds for our own account; and
14.4.3 If the proceeds of sale or auction are insufficient to discharge outstanding Service Fees and any other amount due to us, you must pay SpacePAL the outstanding balance within 7 days of SpacePAL’s written notice. Interest will continue to accrue on the balance in accordance with these Terms of Use until you make payment in full.
14.5 If, as a result of your action or inaction, we believe we are entitled to deem Storage Units abandoned, and do so, we will have no Liability to you or to any third-party for wrongful sale, disposal, donation, conversion, detinue or trespass to goods of abandoned Storage Units.

15. Termination and User account cancellation
15.1 You may terminate the Service Agreement at any time by requesting Permanent Check-Out and paying any outstanding Service Fees due to us.
15.2 We may terminate the Service Agreement and close your User account with immediate effect, by written notice to you, for any reason, including failure to pay any amount due, including any interest accrued by the date due; default; or breach of the Service Agreement.
15.3 Where we terminate the Service Agreement, if you fail to arrange Permanent Check-Out within 28 days following termination for any reason, SpacePAL may dispose of Storage Units in accordance with these Terms of Use.

16. Limitation of Liability for the Platform
16.1 Your use of the Platform is at your own risk.
16.2 All content, features, functions, information, resources and other material offered on the Platform are provided on an ‘as is’ basis without any warranties or conditions of any kind, whether express or implied.
16.3 Before relying or acting on the content, features, functions, information, resources and other material offered on the Platform, you should carefully evaluate the accuracy, availability, reliability, completeness, contemporariness or relevance of information for your purposes. To the fullest extent permitted by law, we do not guarantee or accept any Liability arising from or connected to the accuracy, availability, reliability, completeness, contemporariness or relevance of content, features, functions, information, resources and other material offered on the Platform.
16.4 The opinions and views expressed on SpacePAL’s blog and on any social media linked to the Platform reflect the personal opinions and views of the individual author and not the opinions or views of SpacePAL.
16.5 Generally, information sent or received over the Internet is unsecure. Although SpacePAL attempts to maintain appropriate safety measures in respect of the Platform, we do not make any warranties or representations concerning security of any communication to or from the Platform.
16.6 You assume full responsibility for any defects in your device, data, software, equipment or network.
16.7 We do not make any warranties or representations that the Platform or any external links on the Platform are free from vulnerabilities, viruses, defects or other harmful components that may damage your own computer system, nor do we guarantee secure or uninterrupted access to the Platform.
16.8 We are not responsible for any defects, delays or disruptions to the Platform as a result of any impact, interruption, action or inaction of any third-parties or for any events beyond our control or that cannot be anticipated.
16.9 We do not make any warranties or representations regarding the interception by third-parties of your personal or other information.
16.10 To the fullest extent permitted by law, you hold SpacePAL harmless from and agree we are not responsible to you or any third-parties for Liability arising from or connected with:
16.10.1 The use, performance or reliability of the Platform, including data loss or corruption;
16.10.2 Unauthorised access to the Platform or to your personal or other information;
16.10.3 Alteration of any transmission of data and any other matter related to the Platform, its content or any external links to the Platform;
16.10.4 Any alterations, amendments, modifications or suspension of the Platform or its content;
16.10.5 Changes or manipulation to your User account or information by any third-parties; and
16.10.6 Actions of any third-parties using your identification verification details or User account login credentials, whether it is with or without your knowledge or authorisation.

17. Indemnity
17.1 To the fullest extent permitted by law, you indemnify SpacePAL from Liability as a result of a breach of the Service Agreement, incurred directly or indirectly by you or any third-parties.
17.2 To the fullest extent permitted by law, you indemnify SpacePAL for the destruction, loss or damage of documents, including the destruction, loss or damage of documents causing you to be in breach of any applicable local, state, national or international laws, rules, and regulations or any binding requirement to retain documents for any particular period.
17.3 You covenant and warrant to reimburse us in full an amount equal to all damages, liabilities, costs, claims and expenses that SpacePAL may incur as a result of your use of the Service Offer or any breach by you of the Service Agreement.

18. Security Interest
18.1 If defined terms in this clause do not appear under the Definitions in these Terms of Use, they have the same meaning as given to them in the Personal Property Securities Act 2009 (Cth) (‘PPSA’).
18.2 You and SpacePAL acknowledge and agree that the Service Agreement establishes a Security Agreement and effects a Purchase Money Security Interest in SpacePAL’s favour over the Collateral provided or to be provided to you in accordance with the Service Agreement.
18.3 The Service Offer provided or to be provided under the Service Agreement is classified in the PPSA as ‘Other Goods’ acquired by you in accordance with the Service Agreement.
18.4 You and SpacePAL acknowledge and agree that SpacePAL as a Secured Party, can register its Security Interest in the Collateral provided or to be provided to you, as Grantor under the Service Agreement on the Personal Property Securities Register.
18.5 To the fullest extent permitted by law, you acknowledge and agree:
18.5.1 To relinquish your right to be notified of or receive a copy of any Verification Statement verifying registration of a Financing Statement or a Financing Change Statement in relation to any Security Interest you, as Grantor grant to SpacePAL as a Secured Party;
18.5.2 To indemnify SpacePAL on SpacePAL’s request for all costs and expenses, including solicitor/client legal costs and expenses relating to:
18.5.2.1 Registration, amendment or discharge of any Financing Statement registered by or on SpacePAL’s behalf; and
18.5.2.2 Enforcement or attempted enforcement of any Security Interest you, as Grantor grant to SpacePAL as a Secured Party.
18.5.3 Nothing in sections 130 and 143 of the PPSA apply to the Service Agreement or the Security under the Service Agreement; and
18.5.4 To relinquish your right to do any of the below:
18.5.4.1 Be notified of removal of an Accession under section 95 of the PPSA;
18.5.4.2 Be notified of an intention to seize Collateral under section 123 of the PPSA;
18.5.4.3 Oppose the purchase of the Collateral by the Secured Party under section 129 of the PPSA;
18.5.4.4 Be notified of disposal of Collateral under section 130 of the PPSA;
18.5.4.5 Receive a Statement of Account if there is no disposal under section 132(4) of the PPSA;
18.5.4.6 Receive a Statement of Account under section 132(3)(d) of the PPSA subsequent to a disposal indicating the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged;
18.5.4.7 Be notified of retention of Collateral under section 135 of the PPSA;
18.5.4.8 Redeem the Collateral under section 142 of the PPSA; and
18.5.4.9 Restore the Security Agreement under section 143 of the PPSA.

19. Insurance
19.1 SpacePAL provides the Service Offer to you at your risk. Notwithstanding SpacePAL maintaining its own insurances, you are solely responsible for insuring Storage Contents against loss or damage howsoever arising.

20. Assignment, sub-licence and sub-contract
20.1 Your rights and obligations under these Terms of Use cannot be assigned, sub-licenced, sub-contracted or otherwise dealt with without our prior written consent.
20.2 The Service Agreement and these Terms of Use are binding on your permitted assignees, successors and personal representatives.
20.3 You acknowledge and agree that we may assign any or all of our rights and obligations under the Service Agreement.
20.4 We may sub-contract all or any of our obligations under the Service Agreement and these Terms of Use to any agent, contractor or other third-party, including performance of the functions under the Service Offer. Such sub-contracting will not relinquish us from any Liability under these Terms of Use.

21. Confidentiality
21.1 You must treat Confidential Information subject to a duty of confidence and must only use it for the purpose of the Service Offer.
21.2 You agree to only disclose Confidential Information on a need to know basis for the purpose of the Service Offer, or as required by law.
21.3 You must advise each person to whom you disclose Confidential Information that you are subject to a duty of confidence, and that the Confidential Information is not to be used for any purpose other than the Service Offer.
21.4 You agree to take at your sole expense, whatever steps we may consider necessary to enforce the duty of confidence against any person to whom you have disclosed Confidential Information and who is in breach of that duty.
21.5 On request, you must provide us with a list of recipients, including their contact details, to whom you have disclosed Confidential Information.

22. Intellectual property
22.1 SpacePAL owns or licences all intellectual property rights in the Platform and Service Offer, unless otherwise indicated. We reserve all rights in relation to intellectual property.
22.2 Use of the Platform and Service Offer and entering into the Service Agreement does not transfer or assign any intellectual property rights to the User under the Service Agreement. We retain ownership of all intellectual property rights on the Platform, including any alterations or enhancements to the Platform.
22.3 Except as permitted by law or under the Service Agreement, you must not use, replicate, reproduce, reverse-engineer, publish, licence, sub-licence, transfer licence, convey, distribute, transmit, transfer, display, perform, integrate into another program or system, create derivative works from, decompile, alter, modify or sell any parts of the Platform or any content, features, functions, information, resources and other material offered on the Platform without our prior written consent.

23. Trademarks
23.1 The words ‘SpacePAL’, ‘SpacePAL – Live Lighter. Store Smarter’, ‘SpaceCOVER’ and ‘SpaceHUB’ are trademarks of SpacePAL Pty Ltd.
23.2 The words ‘SpacePAL On-Demand Storage’ and its logo are trademarks of SpacePAL Pty Ltd.
23.3 Use of our trademarks is strictly prohibited without our prior written consent. This means you must not use, replicate, reproduce, reverse-engineer, publish, licence, convey, distribute, transmit, transfer, display, perform, integrate into another program or system, create derivative works from, decompile, alter or modify any parts of our trademarks in any way.
23.4 The names, logos or badges of any other organisation and/or their associated products or services contained on the Platform may be trademarks of their respective owners and are used under licence with their consent.

24. Events beyond our control
24.1 We will not be liable to you for any loss, damage or expenses caused by any failure to meet our obligations under the Service Agreement, where such failure is occasioned by causes beyond our reasonable control, including: act of God; flood; earthquake; windstorm or other natural disaster; war; armed conflict; terrorist attack; civil war; civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; any law or government order, rule, regulation or direction or any action taken by a government or public authority; fire; explosion or accidental damage; extreme adverse weather conditions; interruption or failure of utility service, including electric power, gas or water; any labour dispute, including strikes, industrial action or lockouts; non-performance or delay by suppliers or contractors; and failure of plant machinery, machinery, vehicles, computers, the Internet or telecommunications.

25. Dispute resolution
25.1 Before court or arbitration proceedings may be commenced, other than for urgent interlocutory relief, the following steps must be taken to attempt to resolve any dispute that arises out of or in connection with the Service Agreement, including any dispute as to the validity, breach or termination of the Service Agreement, or as to any claim in tort, in equity or pursuant to any statute.
25.2 Notice of the dispute must be made in writing by the party claiming that a dispute has arisen to the other party under the Service Agreement, specifying the nature of the dispute, the desired outcome and the action believed will settle the dispute.
25.3 Upon receiving the notice of dispute, the parties must attempt to agree upon an appropriate procedure for resolving the dispute.
25.4 If within 10 Business Days of receiving the notice of dispute, the dispute is not resolved or an appropriate alternative dispute resolution process is not agreed, then the parties shall refer the dispute to the Resolution Institute on the contact details found on the Resolution Institute Website for facilitation of a mediation in accordance with the Resolution Institute's Mediation Rules.
25.5 The parties must cooperate with the Resolution Institute as facilitator.
25.6 If within 10 Business Days after referral of the dispute to the Resolution Institute the parties have not agreed upon the mediator or other relevant particular the mediator and any other relevant particular will be determined in accordance with the Resolution Institute’s Facilitation Rules.

26. Notices
26.1 Unless specified otherwise, all notices given under the Service Agreement must be made in writing as follows:
26.1.1 Notices to SpacePAL must be sent by email to: admin@spacepal.com.au or by Registered Post to the address detailed on the Platform; and
26.1.2 Notices to the User must be sent by email to the email address associated with the User account or by Registered Post to the User’s billing address.
26.2 Where a notice is sent by email, it will be treated as having been received when it enters the recipient’s information system.
26.3 Where a notice is sent by Registered Post, it will be treated as having been received on the second Business Day after the date of posting.

27. Privacy Policy
27.1 SpacePAL respects your privacy and is committed to protecting your personal information.
27.2 These Terms of Use should be read in conjunction with our Privacy Policy.

28. Entire agreement
28.1 The Service Agreement constitutes the entire agreement between SpacePAL and the User in relation to your use of the Platform and Service Offer, and supersede any prior understanding, arrangement, representation or agreements between SpacePAL and the User as to the subject matter contained in the Service Agreement.

29. Variations to the Service Offer
29.1 Variations to the Service Offer can be made by either SpacePAL or the User. Any variations are not binding or effective unless they are mutually agreed through the Platform or our team.

30. Survival and merger
30.1 No term of the Service Agreement merges on completion of any transaction contemplated by the Service Agreement.
30.2 Clauses headed: Loss or damage; Service fees, billing and payment; Late payment and non-payment; Right to withhold or dispose of Storage Units; Termination and User account cancellation; Limitation of liability for the Platform; Indemnity; Security Interest; Insurance; Confidentiality; Intellectual Property; Trademarks; Dispute Resolution; Notices; Governing law; and Legal costs survive termination or expiry of the Service Agreement, together with any other term which by its nature is intended to do so.

31. Severability
31.1 If any of the terms of the Service Agreement are deemed unenforceable, illegal or void, then those parts may be severed, and the other parts of the Service Agreement remain unaffected and continue in full force and effect.

32. Governing law
32.1 The Service Agreement and any obligations arising out of or in relation to these Terms of Use are governed by the laws of New South Wales, Australia.
32.2 You acknowledge and agree that the courts of New South Wales, Australia have exclusive jurisdiction to settle any claim or dispute which may arise out of or in relation to the Service Agreement.

33. Legal costs
33.1 We may recover all solicitor/client legal costs and expenses incurred by us in enforcing the Service Agreement for any breach by you, whether actual or apparent.

34. Contact
34.1 If you have any questions about the Service Agreement; or if you have any complaints; or if you would like to report a breach of the Service Agreement; or if you have any issues in relation to the Platform or Service Offer; or if you otherwise have any feedback, please contact us by sending an email to: admin@spacepal.com.au
34.2 Where your contact relates to a complaint, breach or issue, we will take all reasonable steps to investigate the complaint, breach or issue and will take any action we consider appropriate in our sole and absolute discretion.

35. Updates
35.1 We reserve the right to alter, amend, modify or otherwise update the Service Agreement, Service Offer and the Platform in our absolute and sole discretion, from time to time, without notice to you.
35.2 These Terms of Use were last updated on 19 October 2018 and replace any other Terms of Use published by us to date. Updates to these Terms of Use will be effective immediately upon publication on the Platform.
35.3 Any new content, features, functions, information, resources and other material that may be added to the Service Offer and the Platform from time to time will be subject to the Service Agreement, unless stated otherwise.
35.4 You should check the Platform from time to time to make sure you are aware of any updates.
35.5 By continuing to use the Service Offer and the Platform after any updates, you agree that you have read, understood and accept to be bound by the Service Agreement, as altered, amended, modified or otherwise updated.


Schedule 1

Service Fees (GST Inclusive) – Effective 1st January 2019

Appointment Related Charges
• Order Deposit
o BOXES and Supplies Drop Off - Less than 20 SpaceBOXES $ 1.00 Appointment
o BOXES and Supplies Drop Off - 20 to 30 SpaceBOXES $50.00 Appointment
o BOXES and Supplies Drop Off - More than 30 SpaceBOXES $75.00 Appointment
• Late Notice Appointment Change $25.00 Appointment
• No Show Charge $40.00 Appointment
• Lost Storage Supplies
o SpaceBOXES $7.50 SpaceBOX
o Packaging Tape Dispenser $20.00 Dispenser

Customer Requested Appointments
• Same Day Service – For requests in by 10am that day $25.00 Appointment
• After Hours Service - 6pm - 9pm Mon to Sat $25.00 Appointment
• Out of Zone Service - SpaceVAN serviced area $25.00 Appointment
• Out of Zone Service – Courier or Other POA Appointment
• Unused Storage Supplies Collection $25.00 Appointment
• Under Three Units Collected $10.00 Appointment
• PACKING Specialist - Packing or Unpacking Support $30.00 Half Hour
• Driver Overtime $30.00 Half Hour

Optional Packing Supplies
• As listed in SpacePAL Platforms

Monthly Storage and SpaceCOVER Charges
• As listed in SpacePAL Platforms

Storage Check-Out Options
• Temporary Check-Out $9.50 Storage Unit
• Permanent Check-Out $9.50 Storage Unit
• Retire My Storage $15.00 Storage Unit
• Early Check-Out $10.00 Storage Unit

Other Charges
• Storage Check $15.00 Storage Unit
• Storage Repack $15.00 Storage Unit
• Abandoned Storage Administration Fee $25.00 Storage Unit
• Prohibited Storage and Contents Administration Fee $75.00 Storage Unit
• Late Payment Administration Fee $25.00 Late Payment
• Late Payment Follow Up Fee – Per call, email, letter or other $10.00 Follow Up


Schedule 2

Minimum Packaging Requirements

To ensure the secure transit and storage of your valued possessions, and the safety of our team, SpacePAL may refuse to collect storage that does our Minimum Packaging Standard, including packaging that;
• Is not in good condition, not sturdy, overstuffed, or not adequately sealed or closed, and unsuitable for transport and storage of stored contents, or;
• Contains fragile storage contents that are not thoroughly bubble wrapped in multiple layers and carefully packed, or;
• Customer supplied boxes that are not double walled, exceed 100L capacity, or with one side or more that is greater than 600mm, or;
• Suitcases or carry-on baggage that are not in good condition, or;
• Musical instruments that are not packed in hard cases, or;
• Bicycles that are not securely packed in a SpacePAL Bike BOX or fit for purpose Bike Bag, or;
• Skis, snowboards, surfboards, or golf clubs that are not packed in an appropriate Space BOX or fit for purpose travel carry bag or hard travel case, or;
• Printers, Monitors/TVs (Up to 55 inch), and other electrical equipment that are not packaged in their original or fit for purpose packaging including polystyrene interiors, or;
• Any bin bags, plastic bags, laundry bags, and canvas bags, or;
• Storage Units over SpacePAL's maximum 20kg weight (Storage Unit and Storage Contents combined weight), or;
• Any Storage Units containing Storage Contents listed in SpacePAL’s “Prohibited Storage Contents or Services” Summary.


Schedule 3

Prohibited Storage Contents and Services

The safe and secure storage of our customers’ possessions, the safety of our team, and operating at the highest level of ethical standards are fundamental values for SpacePAL. Therefore, we cannot store the following Prohibited Storage Contents and Services on behalf of our valued customers;
• All perishable goods, or;
• Any item which is damp, emits fumes, smells or odours, or;
• Any radioactive materials biological agents, toxic waste, asbestos or other materials of a dangerous or harmful nature, or;
• Any toxic, flammable or hazardous goods, or any other items, the possession, usage, or storage of which may be dangerous or detrimentally affect any stored contents, or;
• Semi-liquid foods in glass containers and non-perishable food unless packed so that they are protected from and do not attract vermin, or;
• Storage contents and storage units containing mould, mildew or similar microorganisms, or;
• Liquids, chemicals, including household cleaners, or;
• Plants, birds, fish, other animals, or any other living thing, or thing that was living (excluding taxidermy), or;
• Fireworks, combustible or flammable materials, liquids or compressed gases, including but not limited to, diesel, petrol, oil, gas, artificial fertiliser or cleaning solvents, or;
• Storage units containing storage contents with a replacement value greater than $2,000 per storage unit, or;
• Antiques (breakable and fragile) or precious, semi-¬precious metals or stones, jewellery, currency, ivory, precious metals or stones, or;
• Stocks and other debt and equity securities, or;
• Explosive and general weapons, ammunition, or weapon parts, or;
• Sharp knives or other kitchen implements unless the blade is fully protected with a suitable material, or;
• Specialised equipment with electronic and/or fragile components, or;
• Services or merchandise that promote hatred and violence against specific groups of people, or;
• Any illegal substances, items, or services that you are not allowed to possess or store under applicable law.
At our discretion, SpacePAL staff may inspect any storage that we suspect does not adhere to our Terms of Use, or if we are required to do so by government, local authorities or court order. Inspection may also occur if it's necessary for account or warehouse maintenance, or in an emergency to prevent injury or damage to persons or property.
In the event SpacePAL discovers Prohibited Storage Contents or Services in our storage facilities, we will contact the impacted customer, notify relevant authorities, and immediately organise the safe removal and disposal of this storage.