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Terms of Use

Please read these Website Terms of Use (“Terms of Use”) carefully before using the web site and service. By using the EZEBOX website you are agreeing to be bound by the terms set out below. If you disagree with anything stated below, or do not agree or are unwilling to be bound by the Terms of Use, do not use the EZEBOX site.

We reserve the right to modify or amend The Terms of Use at any time and for any reason. You should check this page periodically for changes. Your continued use of the EZEBOX website and service following any modifications or amendments to The Terms of Use means that you accept those modifications or amendments.

Generally

A reference to the EZEBOX website accessed through (www.ezebox.com.au) includes all sub-sites (e.g. www.ezebox.com.au/contact-us/) and includes, but is not limited to, all code, images, graphics, buttons, forms, documents or text that comprise the EZEBOX website.

All contents and code of the EZEBOX website are copyright (c) EZEBOX. All rights reserved.

Intellectual Property

The EZEBOX website is the exclusive property of EZEBOX, except where otherwise noted, and may not be copied, distributed, republished, or transmitted in any way, without the prior written consent of EZEBOX. Contravention of these restrictions is a violation of EZEBOX’S intellectual property rights and may violate civil or criminal laws.

If any data is transferred to you during the course of your visit to the EZEBOX website, EZEBOX retains full and complete title to that data.

Limitation of Liability

EZEBOX disclaims any liability that is claimed to have arisen in connection to the EZEBOX website to the maximum extent permitted under law. This includes any damage, loss or expenses, or indirect losses or consequential damages of any kind suffered or incurred by you in connection to your access. EZEBOX will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. EZEBOX will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the EZEBOX website, even if there is negligence or EZEBOX or an authorised EZEBOX representative has been advised of the possibility of such damages, or both. EZEBOX’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not exceed the amount you paid to EZEBOX to access the EZEBOX website, which in all instances should be $0.

Disclaimer

As stated above, EZEBOX disclaims any liability that is claimed to have arisen in connection to the EZEBOX website to the maximum extent permitted under law.

The EZEBOX website may include technical inaccuracies or typographical errors. No warranties are provided by EZEBOX of any kind either expressed or implied that the information is accurate, complete, reliable, safe for use, or otherwise. EZEBOX does not warrant that the EZEBOX website will work, or that the site or server sitting behind the EZEBOX website is free of viruses or other harmful components. If you, as a result of use of the EZEBOX website, incur or will incur costs or liabilities for servicing, repair or correction, you (and not EZEBOX) assume the costs or liabilities in their entirety.

Marketing

We may use your contact details, including email, fax and telephone numbers, to contact you for marketing purposes. You may withdraw this consent at any time. We may share your information with our related entities. We will not share your contact details with third party enterprises, and will never sell your personal information or contact details. If you wish to opt out of direct marketing, please contact us at contact@ezebox.com.au.

Hyper-links

The EZEBOX website may link, through hyperlinks or other means, to sites not owned, controlled or maintained by EZEBOX. These links are provided as a service to you. Linked sites are to be accessed at your own risk. EZEBOX is not acting as an agent of the linked sites, nor has EZEBOX provided any express or implied recommendation or opinion in relation to these linked sites. EZEBOX makes no representations or warranties about the content, completeness or accuracy of these links or the linked sites.

Security

We keep your information provided to us in both hard form and electronic form. We take steps to secure this from misuse, loss, unauthorised modification, unauthorised disclosure and access. We employ physical security such as alarms, restricted access to hard files, and other security measures including password protected computers and internet firewalls. We take reasonable care when engaging third parties to provide services to us where those service may necessitate the third party handling your information, including data storage, file destruction, enforcement of the agreement in any way and debt collection.

Jurisdiction

These Terms of Use and any disputed matters that arise in connection with the EZEBOX website will be governed by the law of Victoria and dealt with by the Victorian courts.

Promotions

From time to time, EZEBOX runs a number of types of Promotions including but not limited to competitions, games and discounts. The terms and conditions on which participants in these Promotions are eligible to participate can be found here. Participation constitutes acceptance of these terms.

Storage Agreement

  1. The Storer and the Facility Owner agree that the Agreement is entirely contained within this document, any quote and job confirmation sent to you.

  2. The Storer:
    (a) has the right to store Goods in the Space allocated by the Facility Owner in accordance with the terms and conditions in this Agreement;
    (b) is deemed to have knowledge of the Goods in the Space;
    (c) warrants that they are the owner of the Goods in the Space and/or are entitled at law to deal with 16. the Goods in accordance with all aspects of this Agreement;
    (d) has inspected the Space and Facility and is satisfied that the Space and Facility are adequate for
    the intended use and suitable for storage of the Goods the Storer intends to store (including that it
    may not be fitted with any fire protection system or individual insurance).

  3. The Facility Owner:
    (a) does not have, and will not be deemed to have, knowledge of the Goods;
    (b) is not a bailee nor a warehouseman of the Goods and the Storer acknowledges that the Facility
    Owner does not take possession of the Goods.

  4. The Storer agrees to pay to the Facility Owner:
    (a) the ‘Deposit’ (equal to the estimated pick up and first months storage fees – adjusted to the actual cost based on Space occupied)
    (b) the monthly ‘Storage Fee’ being the amount indicated on the ‘move in’ form or the amount notified to the Storer in writing by the Facility Owner from time to time. The Storage Fee is payable in advance and it is the Storer’s responsibility to see that payment is made directly to the Facility Owner, on time, in full, throughout the period of storage. The Facility Owner does not normally bill for fees. Any Fees paid by direct deposit/direct credit will not be credited to Storer’s account unless the Storer identifies the deposit clearly and as directed by the Facility Owner. The Facility Owner is indemnified from any claim for enforcement of the Agreement due to the Storer’s failure to identify a deposit, including the sale of Goods;.
    (c) a ‘Delivery Fee’, (subject to service required) payable each time the Space is delivered or redelivered to the Storer;
    (d) an ‘Access Fee’, ($50) payable when the Storer accesses the Space at the Facility without notice;
    (e) the ‘Cleaning fee’, ($100) if required to return the Space to a ‘useable’ state;
    (f) a ‘No Show Fee’, ($50) where the Storer gives Access Notice and does not attend at the Facility allotted time;
    (g) a Late Payment Fee, ($35) which becomes payable, separately, each time a payment is late; and
    (h) any Costs or Expenses incurred by the Facility Owner in collecting late or unpaid Storage Fees, maintaining the Goods, selling the Goods, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, and/or the default action (including legal costs on client/solicitor basis) costs.
  5. Change in fees: Over time various factors (such as interest rates, inflation and the day to day operational cost of doing business) affect the profitability of a business. In order for the Operator to be able to continue to operate the business at a profitability level acceptable to the Operator, it may be necessary to increase some or all of its fees at various times after the first month of storage. The Operator may increase the Storage Fee, Processing Fee or Other Fee by giving You a minimum 14 days’ prior notice. You acknowledge and agree that it is reasonable for the Operator to make any such increases as part of the ordinary operation of its business.
  6. Goods Stored at Storers Own Risk:
    (a) It is the responsibility of the Storer to pack the Space appropriately. Any damage, loss, deterioration or destruction caused to Goods during the movement of the Space is entirely the liability of the Storer.
    (b) The Goods are stored at the sole risk and responsibility of the Storer who shall be responsible for any and all loss, theft, damage to, and deterioration of the Goods, and shall bear the risk of any and all damage caused by flood or fire or leakage or overflow of water, mildew, heat, spillage of material from any other space, removal or delivery of the Goods, pest or vermin or any other reason whatsoever including acts or omissions, negligent deliberate or otherwise, of the Facility Owner or persons under its control.
    (c) The Storer agrees to indemnify and keep indemnified the Facility Owner from all claims for any loss of or damage to the property of, or personal injury to, the Facility Owner or third parties resulting from or incidental to the use of the Space by the Storer, including the storage of Goods in the Space or resulting from the Space’s movement and/or location during or resulting from Delivery or Redelivery.
    (d) The Storer acknowledges and agrees to comply with all relevant laws, including Acts and Ordinances, Regulations, By-laws, and Orders, as are or may be applicable to the use of the Space. This includes laws relating to the material which is stored, and the manner in which it is stored. The liability for any and all breach of such laws rests absolutely with the Storer, and includes any and all costs resulting from such a breach.
    (e) In addition to any other remedies as may become available to it the Facility Owner may, if they have reason to believe that the Storer is not complying with all relevant laws, take any action the Facility Owner believes to be necessary, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at the Storer’s expense. The Storer agrees that the Facility Owner may take such action at any time even though the Facility Owner could have acted earlier.
  7. Non payment. The Storer agrees that failure to pay the Storage Fees will result in access to / or redelivery of your items being restricted until such time as all outstanding fees are paid in full.
  8. Disposal of items. EZEBOX does not offer rubbish removal or disposal services unless specifically charging for these services. Any items left onsite and unattended at the EZEBOX warehouse will be removed at the Storers cost.
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