Terms and conditions

General Terms and Conditions

1. STORAGE

1.1 (Your Space) the Operator gives You a licence to store Your Goods in Your Space, in accordance with this Agreement, during the period that you have booked on our Booking System (“Storage Period”).

2. RISK and RESPONSIBILITY FOR YOUR GOODS

2.1 (Responsibility for Goods) At all times (including while Your Goods are in Your Space) Your Goods are:

(a) in Your (and not The Operator’s) possession and control and you are responsible for them. The Operator is merely providing a space for you to store Your Goods that is capable of being secured by You;

(b) at Your risk. Unless the Operator exercises a right under this Agreement, the use of Your Space, storage of Your Goods and securing of Your Space is Your responsibility and as such the risk relating to them is Yours. You acknowledge and accept that the provisions of this clause 2.1 are fair and reasonable given Your possession and control over Your Goods.

2.2 (Operator’s Knowledge and no Bailment) As You have possession of and control over Your Goods and You are responsible for securing Your Space, You acknowledge and agree that the Operator is not a bailee or warehouseman of Your Goods nor does the Operator have possession of Your Goods at any time. You also warrant that You are either the owner of or control the Goods, and/or are entitled at law to deal with them in accordance with all aspects of this Agreement.

2.3 The Operator will not be liable for any loss, damage, destruction, misplacement or theft of Your Goods from Your Space and/or the Premises.

3. PAYMENT

3.1 (Storage Fee Payments) At the time of booking Your Space You agree to pay the Operator in advance the Storage Fee for storage during the Storage Period.

3.2 All storage fees must be paid in advance before You can access and use Your Space.

4. ACCESS

4.1 (Access Hours) Subject to clauses 4.2 and 4.3, You may access Your Space using your Access Method during the access hours of the Premises (which can be found at the Premises or on the Operator’s website) or as otherwise notified by the Operator from time to time (“Access Hours”).

4.2 (Emergency Access) You may only access Your Space outside the Access Hours with the Operator’s consent which may be given or withheld at the Operator’s sole discretion. The Operator may charge a fee for access outside the Access Hours.

4.3 (Refusal of Access) The Operator may (without being obliged to do so) refuse You or any other person access to the Premises or Your Space (including after this Agreement has been terminated) if: (a) You have not complied with any of Your obligations under this Agreement; or (b) You or any other person do not produce identification and/or evidence satisfactory to the Operator to show You or the other person are entitled to access. Once any issue contemplated by this clause is remedied, You will be granted access again subject to the Operator’s office hours.

4.4 (Security Cameras in Use) You acknowledge that security cameras are in use 24/7 in and outside the Premises.

4.5 (Access by Unauthorised Persons) You agree that it is Your responsibility to secure Your Goods at Your Space and the Operator provides You with Your Space that is capable of being so secured. Whilst the Operator has installed various security measures at the Premises for the security of the overall Premises, the Operator is not guaranteeing the Premises as a secure facility. You understand and accept You are storing Your Goods at the Premises at Your sole risk and that it is Your responsibility to secure Your Goods. As such, the Operator is not responsible for any unauthorised entry by any person to the Premises.

4.6 (Reasonableness) You acknowledge that the actions that the Operator may take pursuant to this clause 4 are reasonable as part of the operation of a storage business and in particular to allow the Operator to take the steps necessary in the circumstances contemplated by clause 4 and You agree to the Operator being able to exercise these rights.

5. YOUR OBLIGATIONS

5.1 (Use of Your Space) You must only use Your Space for bike storage and no other business or activity.

5.2 (Securing Your Space) You are solely responsible for securing Your Goods at Your Space and must do so in a manner reasonably satisfactory to the Operator, and where applicable You must ensure You comply with any other security policies or procedures for the Premises.

5.3 (Prohibited Goods) To prevent harm or damage, you must not bring onto the Premises anything which is hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or which in the reasonable opinion of The Operator may cause harm to any person, property or the environment. Animals are not permitted on the Premises.

(Unauthorised Goods). The Operator has the right to remove any Unauthorised Goods from the Premises without obtaining Your prior consent and the Operator will not be liable for any loss, expense or cost incurred by You relating to the removal of the Unauthorised Goods and You agree to indemnify the Operator for all costs and expenses incurred by the Operator in removing the Unauthorised Goods.

5.4 (Repair) You must immediately notify the Operator of any damage You cause to the Premises or Your Space and You are responsible for such damage and must reimburse the Operator on demand for the cost to the Operator of making good the damage.

5.5 (Insurance of Your Goods) You acknowledge that the storage of Your Goods at the Premises is at your own risk and the Operator does not insure Your Goods.

5.6 (Nuisance) You must not cause any inconvenience or nuisance to any other person using the Premises.

5.7 (Compliance with Laws) You must, at Your cost, comply with all laws applying to Your Goods or the storage of Your Goods in Your Space, or the use of Your Space including any rules the Operator puts in place for the Premises.

5.8 (Change in details) You must immediately notify the Operator in writing of any change in Your contact details set out in the Agreement. You acknowledge that this is important as it is necessary for the Operator to have current contact details for the purposes of this Agreement.

6. LIABILITY, RELEASE AND INDEMNITY

6.1 (You Release and Indemnify The Operator) You (for all time and despite any earlier termination of this Agreement): (a) release the Operator (and its employees, contractors and agents) from; and (b) indemnify the Operator (and its employees, contractors and agents) against, any costs, expenses, loss, damages, claims, action or liability, to the extent it is arising(including whether in contract, tort under statute or otherwise) from or in connection with, (i) loss of or damage to Your Goods; (ii) damage to any device used by You to secure Your Space resulting from the Operator accessing Your Space in accordance with this Agreement; (iii) The Operator either refusing You access to the Premises and Your Space or terminating this Agreement in accordance with this Agreement; or (iv) loss of or damage to any property (including the Operator’s property) or death of or injury to any person caused or contributed to by: (a) Your Goods; (b) You or any person accessing the Premises or Your Space with Your authority or consent; (c) Your use of Your Space by You or any other person authorised by You; (d) The Operator or any of its contractors, agents, or employees in exercising any other right or power pursuant to this Agreement.

6.2 (Liability) To the extent that your actions or omissions in relation to Your use of the Space or Your failure to comply with this Agreement cause any damage, expense, loss, liability (“Loss”) to the Operator or any other party, you agree and acknowledge that You are liable for such Loss and that the Operator may recover4. Who has access to your personal information? such Loss incurred by it from You.

7. TERMINATION

7.1 (Termination by Notice) Either You or the Operator may terminate this Agreement at any time after the Storage Period by giving not less than 7 days’ notice to the other.

7.2 (Termination on Default) If You fail to comply with any of Your obligations under this Agreement after the Operator gives You not less than 7 days’ notice requiring You to comply, the Operator may immediately terminate this Agreement by notice to You, and may, without further notice, take possession of and deal with Your Goods as Abandoned Goods under clause 8.2. You expressly acknowledge and agree that it is reasonable for the Operator to take the steps set out in this sub-clause as part of the operation of the Premises and You agree to the Operator being able to exercise these rights.

8. ABANDONED GOODS

8.1 (Abandonment of Goods) If at any time You fail to: (a) pay the Operator any amount due and owing to it by You; or (b) remove Your Goods when required under this Agreement, and You do not rectify either (a) or (b) within 7 days after the Operator gives You notice requiring you to remedy that failure, Your Goods will be taken to be “Abandoned Goods” for the purposes of this clause 8.

8.2 (Dealing with Abandoned Goods) In the event that Your Goods become, by operation of the provisions of this Agreement, Abandoned Goods for the purposes of this Agreement, You acknowledge that it is not reasonable for Your Goods to remain in Your Space and that the Operator will by necessity need to deal with them. Accordingly, You agree: (a) The Operator may without being obliged to do so arrange; (i) the disposal of (which may include the dumping of); (ii) alternative storage of; or (iii) the sale of, any or all of Your Abandoned Goods, on such terms as the Operator decides are reasonable; (b) You acknowledge that the Operator will incur costs (both internal and external) in having to deal with the Abandoned Goods and You agree to pay the costs of and indemnify the Operator for all costs, expenses, damages, claims, action or liability whatever arising from or in connection with the Operator exercising its rights under this clause 8. The Operator shall pay You the amount received by it from the sale of Your Abandoned Goods less any amounts You owe the Operator as quickly as possible but no later than within 30 days after the Operator receives the amount. If the sale of Your Abandoned Goods is not sufficient to cover the costs owed to the Operator then You will be liable to immediately pay any shortfall.

9. NOTICES

9.1 (Service of Notices) Where you have consented to receiving notice by email, all Notices required under this Agreement will be emailed to you. Alternatively, notice will usually be given in writing and emailed to, SMS’d to, or posted to, to the address of You In the event of not being able to contact You, Notice is deemed to have been given to You by the Operator if it has sent Notices to the last notified address of You In the event that there is more than one party named in the Booking System to use Your Space, Notice to or by any one party is agreed to be sufficient for the purposes of any Notice requirement under this Agreement.

9.2 (Deemed Notice) Any notice given under this Agreement is deemed to have been given the day it is emailed or SMS’d or the day after the notice has been delivered, posted.

10. GENERAL PROVISIONS

10.1 (Assignment) You must not assign, sub-licence, or sub-let Your Space or otherwise deal with Your rights or obligations under this Agreement without the written consent of the Operator.

10.2 (Applicable Law) The laws of New Zealand apply to this Agreement.

10.3 (Variations) Any variation of this Agreement is only effective if it is in writing and signed by all parties. No oral statement made by either party shall form part of this Agreement.

10.4 (Waivers) A party shall not be taken to have waived a right under or in connection with this Agreement unless the party expressly does so in writing. A waiver of any right or obligation at any time shall not be taken as a waiver of the right when it arises at any other time or a waiver of any other right.

10.5 (Severance) If any provision of this Agreement is legally unenforceable or made inapplicable, it shall be severed or read down, but so as to maintain (as far as possible) all other terms of this Agreement.

10.6 (Continuing Liability) Your liability for outstanding money, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.

10.7 (Entire Agreement) This Agreement and the Privacy Policy on the Operator’s website constitutes the entire agreement between You and the Operator for matters referred to in it. The parties agree that this Agreement reflects the final bargain agreed between them and that any prior arrangements, agreements, representations or undertakings are superseded.

10.8 (Cost) The Storer is responsible to pay any costs incurred by the Operator in enforcing this Agreement in any way.

10.9 (Dispute Resolution) The parties must endeavour to settle any dispute with one another before either party institutes any proceedings of any kind against the other.

11. INTERPRETATION

In these conditions:
“Agreement” means this storage agreement, including any cover page containing your details and payment details, any schedules, and any other document or materials it specifies form part of it;

“Access Method” means a pin code, fob key or any other authorised method provided by the Operator to access the Premises;

“Booking System” means the Operator’s website, member portal or member app;

“Premises” means the premises controlled by the Operator at which Your Goods are located;

“Bike Storage Fees” means the Storage Fee indicated at the time of booking.

“The Operator” means Basestation Properties Ltd;

“You” and “Your” refers to the person named when completing the account signup form to which this Agreement is linked;

“Your Goods” means any item or thing which You bring onto the Premises or which is kept in Your Space pursuant to clause 5.1;

“Your Space” means a bike stand or storage locker;