TERMS OF SERVICE
These are the Terms and Conditions (the “Agreement”) that govern all use of www.keeep.com.au and all services provided by Keeep. You (and Keeep) are bound by the terms of this Agreement.
Throughout this Agreement, all of your belongings stored with Keeep will be referred to as “Your Stuff”. Any reference to individual boxes or oversized item (i.e. not all Your Stuff, but individual containers) will be called a “Box” or “Boxes”.
SCHEDULE OF MONTHLY CHARGES (Inclusive of GST)
|Monthly subscription (per Box)||$15.00|
|Delivery fee (per trip)||$30.00|
|Disposal fee (per Box)||$5.00|
|Drop-off or Pick-up fee||FREE|
|Drop-off fee (if you do not carry through your subscription after Drop-off)||$30.00|
|No show at Delivery or Pick-up appointment||$30.00|
|Same day appointment cancellation||$30.00|
|Purchase price per Box (if you want to buy the Box)||$40.00|
|One-time delinquent account admin fee (levied on 14th day past due date)||$10.00|
|Monthly delinquent account admin fee (levied from 30th day past due date onward)||$10.00|
|Charge Back Charge (when we’re not at fault)||$30.00|
|Lien Fee 1 (after 31 Days) (Whether or not Sale Occurs)||$40.00|
|Lien Fee 2 (after 60 Days) (Whether or not Sale Occurs)||$70.00|
|Lien Sale/Auction Administration Fee||$150.00|
Important Legal Notice: All charges stated above are actual charges you must pay. For larger items (other than boxes), the charges stated at the point of order is the actual charge you must pay. Occasionally, Keeep may offer special pricing (such as discounts) to new/existing customers, in which case such lower pricing offered by Keeep supersedes the standard pricing defined above.
TERM AND RENT
The period of time that this Agreement is in effect is called the “Term”. The Term begins when you accept this Agreement and continues on a month-to-month basis until the Agreement is terminated.
You must pay rent to Keeep on a monthly basis. By accepting this Agreement, you are giving us authority to direct debit your selected payment account each month. Monthly rent will be charged in advance on the first day we pick up Your Stuff, and monthly thereafter. The monthly rent amount that will be direct debited is the sum of the full amounts set out in the Schedule of Monthly Charges that apply to Your Stuff, which is inclusive of any applicable goods and sales taxes, and other taxes imposed by any taxing authority.
Your monthly “Billing Cycle” is based on the date we (or a third party partner) pick up Your Stuff. So for example, if we pick up Your Stuff on the 5th of the month, your “second month” begins on the 5th of the next month and so forth thereafter.
If the amount of ‘Your Stuff’ changes during your Billing Cycle, we will effectively cancel your monthly subscription and begin a new Term on the date of the change. We will pro rata the balance of your already paid month as a credit on your account to be offset against future charges.
The monthly subscription, amounts and type of other fees and/or charges, as well as any other term of this Agreement, may be adjusted by Keeep effective from the month following notice to you by Keeep specifying the adjustment. Such notice will be given to you at least thirty (30) days prior to the first day on which the adjustment will be effective. Any such adjustment will not otherwise affect other terms of this Agreement and all other terms of this Agreement must remain in full force and effect.
It is your responsibility to be available when you request Keeep to Drop-off empty boxes and Deliver some or all of Your Stuff to you. Fees for same day delivery appointment cancellations and no shows are defined in the Schedule of Charges. Moreover, if you are in a location where we Drop-off, Pick-up or Deliver through a third party partner, our partner will make three (3) attempts to reach you. After the third failed attempt, the partner will return Your Stuff to our warehouse and Keeep will bill your account for any additional partner charges.
YOUR USE OF KEEEP
Individual users must be real live natural persons over the age of eighteen (18) years. You cannot use Keeep services for someone else. You must be the owner of all property stored with Keeep. No one else can have an ownership interest in the property. In executing this Agreement you represent and warrant that you are the sole owner of the property to be stored with Keeep.
After picking up Your Stuff, or, in the case Your Stuff is delivered by a third party partner of Keeep, then after that partner picks up Your Stuff, we will store Your Stuff at a Keeep facility; however, you acknowledge and agree that at any time while you are storing Your Stuff with Keeep, we must have the right, at our sole discretion, to move Your Stuff to another one of our facilities in Australia. Any decision by Keeep to move Your Stuff will not affect your financial obligations to us during the course of your time storing with Keeep.
Absent a court order or binding arbitration ruling, Keeep will not release any of Your Stuff to someone else that claims they own it. However, Keeep will not “take sides” in a property dispute. If anyone approaches Keeep directly with a claim that they are the true owner of some or all of Your Stuff, we will provide them with a form to fill out under penalty of perjury that sets out their claim. As part submitting that form, the person claiming ownership of some or all of Your Stuff must agree to indemnify Keeep and you for all costs that result from their claim if it is wrong, and they must agree to offer you the option to arbitrate (without Keeep as a party) to resolve the claim, with the loser to pay the winner’s attorney’s fees and costs.
If they agree to these terms, we will provide you a copy of their summary of their claim, along with a form for you to respond to dispute their claims. If you dispute the claims, Keeep will take no further action — the matter is yours to resolve. You have 30 days to dispute the claim of ownership. If you do not respond, we will return the disputed property to you, and notify the person claiming ownership that we have done so. By executing this Agreement, you are agreeing that we can bill you for the costs (including internal staff costs) of returning the disputed property. You also agree that you will not be entitled to any pro rata refund of monthly subscription.
PAYING FOR YOUR BOXES
Keeep, or any other associated third party partner, will save your credit card or debit card information and will use it for any future charges. If you want us to stop billing that card, you need to notify us through your settings by providing us with details of a replacement card. We currently only accept the following payment methods for all one-time and recurring charges: Visa, Mastercard and PayPal. However, we reserve the right to require payment by cash, bank cheque, or certified cheque should your account balance go past due.
If we are unable to bill your card, we will send you a notice and try again in a few days. Late fees will be charged as soon as the event of late payment or delinquency occurs or as otherwise explained in the pricing and fee table at the start of these Terms. In the event there is an erroneous charge back on a payment you make with your credit or debit card, we will charge you a fee of $30. A chargeback affects our relationship with our bank. We take this issue very seriously. Likewise, we charge the same fees if there are insufficient funds in your debit account.
Please be very careful about letting us know if you lose your card or your credit card number changes.
PACKING YOUR BOX
We do not pack your Box(es), so please do not ask our delivery personnel to pack it.
You are responsible to safely and securely pack your items into each Box. This includes packing your items so that they will not be damaged during transit and storage. You understand that the Box will be moved from time to time in connection with deliveries or as may be needed for its storage. By having us pick up (or by sending us) a Box, you are making the statement (i.e., you “represent and warrant”) that the Box has been packed appropriately. You agree that Keeep is not responsible for any damage caused by or arising from your failure to appropriately pack the Box.
Do not overstuff your Boxes! From our experience, for your safety, the wellbeing of our Uploader team members, and the care of your belongings, we strongly recommend that you not pack more than 35 kg of your personal property into any single Box. We reserve the right to refuse to accept any Box that we reasonably believe weighs more than 35 kg, exclusive of the weight of the Box itself.
RIGHT TO ENTER AND INSPECT YOUR STUFF
If you select to have Keeep take photos of or index Your Stuff, Keeep will need to open up your Box(es) to do so. Other than providing that service if you select it, Keeep does not intend on accessing any of your Boxes after they are sealed. However, Keeep reserves the right to open and inspect any Box in the event of an emergency, suspected criminal activity, suspected storage of prohibited goods, or upon your default under this Agreement. Should Keeep receive a search warrant from a governmental agency, we may, without incurring any liability to you, immediately remove your seal from the relevant Box(es), allow your Box(es) to be searched, and, if applicable, the contents to be seized. Should Keeep receive a subpoena, or a law officer or governmental agency requests documents or information about Your Stuff, you agree that we may provide such information or documents without incurring liability to you.
CANCELLING YOUR ACCOUNT
You can terminate your account at any time by contacting Keeep support. You must arrange for and pay the costs (as set out in this Agreement) of getting Your Stuff back to you. (Our facilities are not publicly accessible, so you can’t just come down and pick stuff up.)
When you cancel your account, we will apply the remaining pro rata balance of your already paid month as credit on your account. This credit will not be refunded, rather it will be automatically redeemed against delivery costs or your future storage needs.
CHANGES TO OUR POLICIES
We may modify, adjust, or change this Agreement, and our Privacy Principles at any time upon 30 days notice to you. The change will become effective the month following the notice. If we do change, adjust or modify this Agreement or our Privacy Principles, we will send you a notice by email, postal mail, or SMS. It is your obligation to review the notice. Your continued use of Keeep will constitute an acceptance of the change.
You may not store in any Box:
- hazardous materials (including but not limited to any hazardous or toxic chemical, gas, liquid, substance, material, waste, or any other substance whose storage is or becomes regulated under any applicable local, state or federal law or regulation);
- food or other perishable good;
- any item that, in our determination, attracts vermin or creates a nuisance;
- flammable materials, such as gas, kerosene, paint, oil, etc.
- items that, in our determination, have a noxious odour;
- items that, in our determination, danger the safety and health of people of the environment;
- explosives, fireworks, or other inherently dangerous materials;
- animals, pets, or any living creature;
- an item which is illegal, including, illegal drugs, stolen property,
- firearms, ammunition, or any weapon
- counterfeit goods;
- personal property which would result in the violation of any law or regulation of any governmental authority, including without limitation, all laws and regulations relating to hazardous materials, waste disposal and other environmental matters;
In addition, we strongly advise that you should not place into a Box any official personal documents (such as passports, driver licenses, visas, birth or marriage certificates, etc.) or anything that contains personally identifiable information, such as date of birth, mortgage number, or a bank account number. This is not an exclusive list of personally identifiable information. Basically, do not put anything into the Box that contains information that can be used to steal someone’s identity or a document that you may urgently need at a moment’s notice. By executing this Agreement, you understand and agree that if you go ahead and store official documents or items containing personally identifiable information in a Box, to the fullest extent permitted by law, you waive all rights and claims against Keeep arising in any way from storing these things with Your Stuff. Also, regardless of how well you pack a Box, it will be moved around. It might be jostled at times. As such, you should not store in the Box fragile items, such as Faberge eggs, intricate glass sculptures, porcelain dolls, collectibles or other items that are easily broken. Once again, by executing this Agreement, you understand and agree that if you go ahead and store fragile items in a Box, you waive all rights and claims against Keeep should your fragile stuff break or otherwise be damaged.
DEFAULT; DENIAL OF ACCESS
If you fail to pay subscription fees or other fees on time, it means you are in “default” under this Agreement. You may (at our sole discretion) be denied access to the Box if you fail to pay subscription by the due date.
KEEEP’S LIEN; DEFAULT
KEEEP HAS A LIEN UPON ALL PERSONAL PROPERTY STORED BY YOU IN THE BOX FOR OUTSTANDING SUBSCRIPTION FEES, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION, OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION AS PERMITTED BY AUSTRALIAN LAW. KEEEP MAY ENFORCE THE LIEN BY SELLING THE PERSONAL PROPERTY STORED BY YOU IN THE BOX AT A LIEN SALE IN ACCORDANCE WITH APPLICABLE LAW. KEEEP WILL PROVIDE YOU WITH DUE AND PROPER NOTICE OF THE LIEN SALE PRIOR TO ITS OCCURRENCE.
VALUE OF YOUR PROPERTY
You represent and warrant that each Box subscribed by you contains property with a total value of $500 or less, with an aggregate limit comprising of all of Your Stuff of $2,000 (the “Aggregate Limit”). Keeep’s maximum liability per Box subscribed by you for any damages or loss to the property contained in the Box must be limited to $500, subject in the aggregate to the Aggregate Limit. You understand and acknowledge that in subscribing to you, Keeep is relying upon your representation as to the value of the property. Under no circumstance may you store property in the Boxes with an aggregate value in excess of $2,000. Your failure to comply with the limitation of the value of your property stored will constitute a material breach of this Agreement. (Put another way: you’re breaking your promises under this Agreement if you give us things that are more expensive than our value limits.)
This clause is not a limitation of damages relating to any loss or damage to your property caused by Keeep after it enforces its lien rights at a public or private lien sale. A limitation of damage clause concerning a wrongful sale claim is contained immediately below.
KEEEP’S LIABILITY FOR A WRONGFUL SALE
Our relationship is one of owner and occupant.
Keeep’s liability for damages relating to any loss or damage to your personal property caused by Keeep after Keeep enforces its lien is limited to $500 per Box, subject in the aggregate to the Aggregate Limit. Such liability may, on your written request, at the time of the signing of this Agreement or within a reasonable time thereafter, and if such request is accepted in writing by Keeep, be increased on part or all of the property stored in the Box.
We do not maintain any insurance on your personal property that you can make a claim under. Insurance that applies above the limit of Keeep’s liability (or when Keeep is not liable) is your sole responsibility. You have the option of obtaining your own personal coverage for your items stored in Keeep, and if you do not do so, you understand that Keeep will not be liable beyond the amounts and conditions in these Terms.
LIMITATION OF KEEEP’S LIABILITY; INDEMNITY
To the fullest extent permitted by law, Keeep and its agents will have no responsibility to you or to any other person for any loss, liability, claim, expense, damage to property or injury to persons from any cause, including without limitation, Keeep’s and/or its agent’s active or passive acts, omissions, negligence or conversion, unless the loss is directly caused by Keeep’s fault. Further, Keeep will have no liability to you for damages caused by an act of god, including a hurricane.
To the fullest extent permitted by law, you must indemnify and hold Keeep and its agents harmless from any loss incurred by Keeep and its agents in any way arising out of Your Stuff and your use of Keeep.
WAIVER OF SUBROGATION
Any insurance carried by us or you is for the sole benefit of the party carrying the insurance. Each party waives its right to make any claim against the other for loss or damage in the event of casualty and will cause its respective insurance policies to be endorsed so as to waive that right of their respective insurers. You expressly agree that the carrier of any insurance obtained by you must not be subrogated to any claim of you against us. This clause is a specific bargained for condition of this Agreement and we would not have entered into this Agreement without it.
CHANGE OF ADDRESS
In the event your e-mail address or residence address changes, you must promptly notify us. We are not responsible if you don’t receive a notice from us because your address changed and you did not notify us.
All content included on Keeep (and the software that runs it) is the property of Keeep or Keeep’s licensors or other content suppliers. There are copyright and trademark and other laws that apply to protect that content.
We own or license all content on our website (everything) including any trademarks, service marks, or logos. We reserve all our rights (so your rights are those expressly named for you). You may not use (in any fashion, where use is interpreted as broadly as possible) content on Keeep without the express prior written consent of the respective owners.
We grant you a limited nonexclusive, non-transferable, non-sublicensable right solely to display and view content on Keeep for personal, non-commercial use. Other than fair use, other uses are prohibited without express consent.
THINGS YOU CAN’T DO TO/WITH KEEEP
No page-scraping, spidering, or other automated access (or equivalent manual process) is allowed. This means you can’t copy or monitor Keeep, or bypass or circumvent Keeep’s navigation or structural presentation. No poking around looking for stuff we didn’t expressly make available.
You agree you won’t try to hack our systems, like by trying to gain unauthorized access to any part of Keeep, or to any other systems or networks connected to Keeep or to any Keeep server. This includes hacking, phishing, cracking, or any other illegitimate means.
You agree you won’t try to scan or test the vulnerability of Keeep, try to breach our security or authentication measures, or generally try to bypass our security.
You also agree to leave other users alone: no attempts at cross-site scripting, IP tracing, reverse look-up, or other mechanism to obtain information on any other user of or visitor to Keeep.
Lastly, no manipulation of raw TCP/UDP streams. No forging headers. No attempts to disguise the origins of messages or packets. No calling our headquarters and pretending to be someone else.
Keeep reserves the right to bar any such activity.
WHAT HAPPENS WHEN YOU BREAK THE RULES
You are responsible for everything you do involving Keeep. To the fullest extent permitted by law, you agree to indemnify, defend, and hold us harmless (and all of our employees, affiliates, directors, officers, or anyone else we promise to similarly hold harmless) from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys’ fees, that arise from: (i) violation of this Agreement or Privacy Principles, or (ii) the items you store with us.
Keeep may terminate your Keeep account at any time, with or without cause. If we terminate your account without cause, such termination will be subject to 30 days advance written notice (unless you waive your rights to such notice). In these circumstances, we will refund any pre-paid monthly fees and arrange for delivery of your items back to you at our expense.
If we terminate your account for cause (such as violation of this Agreement or Privacy Principles), we will notify you of the termination, and you will have 30 days to arrange for transport of your items at your cost via Keeep, subject to the price list provided above. Notwithstanding our lien law rights, in the event that we reasonably believe there is an exigent circumstance or other risk to Keeep or the property of other customers of Keeep, we may terminate your account immediately and return your Boxes to you at your expense, including potentially placing your Boxes in quarantine at your cost.
TERMS THAT SURVIVE
Some parts of these Terms will continue to operate even after your account is terminated.
All provisions of these Terms that by their nature could reasonably survive termination, must survive termination, including but not limited to, ownership provisions, warranty disclaimers and limitations of liability.
The failure by you or Keeep to exercise any right under the Terms must not form the basis for a waiver of that right.
If any provision of this Agreement is found to be unenforceable or invalid, that provision must be limited or eliminated to the minimum extent necessary so that the remainder must otherwise remain in full force and effect and enforceable.
Your rights under our Policies are not assignable, transferable or sublicensable without Keeep’s prior written consent. Keeep may transfer, assign or delegate its rights and obligations under our Terms without your consent.
The parties must endeavour to settle any dispute in connection with this Agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. 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.
This clause is a very important part of this Agreement. By executing this Agreement, you agree to the mediation requirement. If you do not wish to be bound by this clause, do not execute this Agreement.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTIES MUST BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN NO EVENT MUST KEEEP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR THIRD PARTY SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF (IN THE AGGREGATE) (A) $100.00 OR (B) THE CURRENT VALUE (COST) OF ITEMS DAMAGED OR LOST, CAPPED AT OUR PER-BOX LIABILITY MULTIPLIED BY THE NUMBER OF YOUR BOXES INVOLVED. THESE LIMITATIONS MUST BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
This Agreement and any written amendments or addenda executed at the same time as this Agreement, and any notices provided under this Agreement by Keeep, set forth the entire Agreement of the parties with respect to the subject matter hereof and supersedes all prior Agreements, representations, and understandings, oral or written, with respect thereto. With the exception of our Privacy Principles, as noted herein, there are no representations, warranties, or agreements by or between the parties which are not fully set forth herein and no representative of Keeep or its agent is authorized to make any representations, warranties, or Agreements other than as expressly set forth herein. Except as otherwise provided herein, all modifications must be in a writing signed by both parties.