Terms & Conditions

1. INTRODUCTION

1.1 Please read these terms and conditions carefully before using the Website or our Services. They form a legally binding agreement between you (“you”, “your”, the “User”, the “Host” or the “Renter”) and Cornerspace Limited, whose registered New Zealand company number is 9380564 (“we”, “us”, “our”, or the “Company”) which governs your use of this website (the “Website”) and our services.

1.2 By registering your details with the Website or using any services provided by the Company (“the Services”) in any way, you (“the User” or “you”) agree to be bound by the following terms and conditions (“the Terms and Conditions"), to inform the Company of all Bookings undertaken, and to pay the relevant fees. If you do not accept all the Terms and Conditions, you must not use or access the Website. The Company reserves the right to amend these Terms and Conditions at any time by posting updated Terms and Conditions on the Website. We will use reasonable efforts to notify you of material changes (for example, by email or a prominent notice on the Website). Your continued use of the Website or the Services after any changes are posted will constitute your acceptance of those changes, and it is your responsibility to review these Terms and Conditions regularly for updates.

1.3 The Services are provided to facilitate the exchange of Bookings between users of the Website. “Booking” means the provision of private Storage Space by Users advertising such space (“Hosts”) to Users storing items in such space (“Renter”). The Company’s principal function is to provide advertising space and a platform for facilitating Bookings. The Company is not a rental agent, property broker, warehouse operator, bailee or insurer and is not a party to any Booking or Booking Agreement between a Host and a Renter. The Company does not own, manage or control any Storage Space and is not responsible for the acts, omissions or conduct of any User. Without limiting the foregoing, the Company does not provide any insurance or indemnity cover for Stored Goods, the Storage Space, or any loss, damage, theft, or liability arising from or in connection with any Booking, and it is the sole responsibility of each Host and Renter to obtain and maintain adequate insurance for their respective property, goods, and liabilities.

1.4 Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended Users. If you do not qualify, please do not use our Services. If you are registering as a business entity, by agreeing to these Terms and Conditions you represent that you have the authority to bind that business entity to these Terms and Conditions. By using the Services, you represent and warrant that: (a) all information you provide to the Company is true, accurate and complete; (b) you will comply with all applicable laws, regulations and ordinances in connection with your use of the Services; (c) you will not use the Services for any unlawful, fraudulent or unauthorised purpose; and (d) you acknowledge that the Company does not provide any insurance or financial protection for Stored Goods, the Storage Space, or any transaction between Users, and that you are solely responsible for obtaining and maintaining adequate insurance for your property, goods, and liabilities in connection with any Booking.

2. DEFINITIONS

Booking – means an arrangement for storage between two Users. Bookings on the Cornerspace platform may be made for varying durations, including by the hour (“Hourly Booking”), by the day (“Daily Booking”), by the week (“Weekly Booking”), or on a monthly rolling basis with no fixed end date (“Monthly Rolling Booking”), or such other durations as the Company may make available on the Website from time to time.

Booking Agreement – means the standard record of a Booking which is generated by the Company on the Website to record the details of each Booking between a Host and a Renter. A Booking will only be made once the relevant Booking details are confirmed by both the Host and the Renter via the Website. The Booking Agreement template is subject to change from time to time at the Company’s discretion.

Commission – means an amount equal to a percentage of the Price that’s charged by the Company for the provision of its services.

Fee – means the total amount payable by the Renter for a Booking, comprising the Price plus the Company’s Commission.

Host – means the person advertising via the Website and providing a Storage Space in order for the Renter to store their items.

Listing Address – means the premises containing the Storage Space which is the subject of a Booking. The Listing Address will be recorded in the Booking Agreement as a postal address.

Payment Manager – means Stripe, the third-party electronic payment system made available by the Company to Users on the Website, or such other payment provider as the Company may designate from time to time.

Price – means the amount charged by the Host for use of the Storage Space.

Prohibited Items – means items which may not be stored under these Terms and Conditions under any circumstances, and which are set out in clause 3.4.

Registration Details – means the information used to identify each unique User, comprising a verified email address. The Company does not require Users to provide, and will not collect or hold, copies of identity documents as part of the registration process.

Renter – means the person paying the Price and utilising a Storage Space to store items belonging to them or under their control.

Party to a Booking Agreement – means a Host or a Renter who has confirmed a Booking via the Website.

Storage Space – means the physical space at the Listing Address in which items are stored under a Booking Agreement.

Stored Goods – means the goods and items to be stored under a Booking.

User – means a user of the Website and/or our services.

3. OBLIGATIONS OF ALL USERS

3.1 Registration with the Website requires the User to complete either the Renter sign-up process or the Host sign-up process, which includes verification of the User’s email address and constitutes the “Registration Details” of your User account.

3.2 Any user of Cornerspace is responsible for all activity carried out on the website under their account. If you discover or suspect that any of your personal details are known by a third party or are being used without authorisation, you must tell us immediately via email at info@cornerspace.co.nz.

3.3 The Company provides Users with a Booking Agreement on the Website, for the purpose of recording the logistical and other details of each Booking. All Users undertaking a Booking must confirm the relevant details via the Website. By confirming a Booking through the Website, both the Host and the Renter agree to the terms of the Booking Agreement as displayed on the Website at the time of confirmation.

3.4 “Prohibited Items”. The following items may not be stored under a Booking under any circumstances: toxic, hazardous, polluted, radioactive or contaminated goods; firearms, munitions, weapons or explosives; radioactive materials; flammable or hazardous goods including petrol, gas, oil, paint, white spirit or lighter fluid; living or dead plants, animals, insects, fungus or bacteria; food, drinks or perishable goods including fruit, vegetables, meat or cheese; anything damp, mouldy, rotten or infested with or damaged by parasites; any item which emits any fumes or strong odour, produces gas or leaks liquid; cash and securities; illegal goods including any class of drug, drug paraphernalia or stolen property; waste; any item which creates noise, generates heat, increases in size or may burst; liquid of any type; or any item whose presence would invalidate any insurance policy which would otherwise cover the items or the Storage Space. Any User who stores or permits the storage of Prohibited Items shall indemnify and hold harmless the Company against all claims, losses, damages, costs, fines, penalties and expenses arising directly or indirectly from the storage of such items.

4. ADDITIONAL OBLIGATIONS OF THE HOST

4.1 The Host must provide details of the Storage Space, along with any conditions of storage they wish to apply, on the listing page of the Website. Such description may include text, graphics, pictures and other relevant content and should include details like size, location, security, and access offered. All descriptions and information provided must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief. In the event that the Storage Space becomes unavailable for any reason, you agree to inform the Company that you wish to suspend your listing.

4.2 The Host will comply with the access and security arrangements set out in the Booking Agreement.

4.3 The Host will use reasonable care to protect and maintain the security of the Stored Goods and ensure that they remain undisturbed and, in any case, take at least equivalent security precautions in relation to the Stored Goods as the Host does with his/her own property at the same premises.

4.4 If terminating the Booking Agreement early for reasons other than a breach of these Terms and Conditions by the Renter, the Host must give the Renter and the Company at least 14 days’ written notice (or such other notice period as specified on the Website from time to time). The Company reserves the right to suspend the User account of any Host who in the Company’s opinion terminates a Booking Agreement early without good reason. For the avoidance of doubt: (a) listing fees paid by the Host are non-refundable; and (b) a Renter shall be entitled to a refund (pro rata for the unused portion of any pre-paid Booking period) where the Host’s listing was materially misleading or inaccurate such that the Storage Space does not reasonably correspond to its description on the Website at the time of Booking.

4.5 It is the responsibility of the Host to ensure that advertising their Storage Space via the Website will not breach or invalidate any applicable mortgage, insurance or other agreement or policy. The Host must obtain and maintain at all times during a Booking:

(a) adequate public liability insurance appropriate for a commercial space providing storage to third parties; and

(b) adequate insurance covering the Storage Space and any damage to it, and must ensure that such insurance extends to cover the use of the Storage Space for third-party storage under a Booking.

For the avoidance of doubt, the Renter is solely responsible for insuring the Stored Goods in accordance with clause 5.1. As such, it is a Host’s responsibility to check the terms of any such agreement or policy before advertising your Storage Space. The Company does not provide any insurance cover and shall not be liable for any uninsured or underinsured losses suffered by the Host or any Renter.

4.6 The User must be legally permitted to advertise the Storage Space on the Website. It is the responsibility of the User to investigate the legality of making the Storage Space available to other people. The Host agrees to indemnify and hold harmless the Company against any and all claims, losses, damages, costs and expenses arising from the Host's failure to comply with clauses 4.5 or 4.6.

5. ADDITIONAL OBLIGATIONS OF THE RENTER

5.1 The Renter undertakes to pay the Fee promptly, fully and in good faith and using the Company’s Payment Manager. The Renter is solely responsible for obtaining and maintaining adequate insurance for the Stored Goods for the duration of the Booking, including cover against loss, damage, and theft. The Company does not provide any insurance for Stored Goods and shall not be liable for any uninsured or underinsured loss or damage to Stored Goods howsoever arising.

5.2 The Renter agrees to compensate the Host for damage to the Storage Space and/or Listing Address caused by the Stored Goods or by any negligent act or omission of the Renter. Compensation will normally mean paying for reasonable repairs, or replacement where the Storage Space and/or Listing Address or part thereof is damaged beyond repair. Users are encouraged to pursue claims through their own insurance in the first instance. Where the Company elects in its sole discretion to assist in determining compensation or facilitating recovery, such assistance is provided on a without-prejudice, non-binding and good-faith basis only, and the Company shall not be liable to either party for any such determination or for declining to make one, nor shall the Company assume any financial liability or responsibility for the underlying dispute.

5.3 The Renter will only use the Storage Space for the purpose of temporary storage of Stored Goods in accordance with these Terms and Conditions and not attempt to use it for any other purpose, or make any permanent physical changes to it, or do anything that will interfere with the Host’s reasonable enjoyment of the rest of the premises.

5.4 The Renter will remove the Stored Goods from the Storage Space upon request by the Host, provided that the Host or the Company has given the Renter at least 14 days’ written notice (or such other notice period as specified on the Website from time to time). If the Renter doesn’t remove their Stored Goods within the notice period specified, clause 12.2 will apply.

6. FEES

6.1 Listing a Storage Space on the Website is subject to the applicable listing fees as set out on the Website from time to time. Making an enquiry to store with a Host is free.

6.2 All financial transactions between Users will be processed by Stripe (the “Payment Manager”). By using the Payment Manager, you confirm that you have read and agree to the Stripe Services Agreement and Connected Account Agreement, available at https://stripe.com/nz/legal (or such other URL as Stripe may publish from time to time). To the extent permitted by applicable law, the Company shall not be liable for any loss, delay, error or failure in processing any payment by the Payment Manager, or for any act or omission of the Payment Manager, and you agree to look solely to the Payment Manager for resolution of any such issues.

6.3 Your Fee comprises the Price (payable to the Host) and the Commission (payable to us). 6.3.1 The Company reserves the right to charge the Host a fee to advertise its Storage Space for rental via the Website, and to vary such fee from time to time at its discretion.

6.3.2 The Renter Commission is set to 10% (incl. GST) of the Price for all Booking types (including, without limitation, Hourly Bookings, daily, weekly and Monthly Rolling Bookings). The Company reserves the right to change the Renter Commission rates from time to time at its discretion, with changes taking effect upon posting to the Website.

6.3.3 The Payment Manager will process payments to both the Host and to the Company.

6.4 All Users expressly agree that all fees and charges for all Bookings must be transacted via the Payment Manager. Under no circumstances may the Host solicit or accept payment of fees or charges related to a Booking in cash or via direct bank transfer or another means of payment. Similarly, under no circumstances may the Renter offer or attempt to pay for a Booking other than via the Payment Manager. Any breach of this clause may result in deletion of your User account and a claim by the Company against you for the Commission that would have been due to the Company had the Booking been conducted in accordance with these Terms and Conditions. In such event, all Users hereby agree that the Company shall be entitled to deduct any such amount due from the Price to be paid to the Host, and all Renters agree to reimburse Hosts for the Renter share of any such deduction by the Company.

6.5 Non-payment of Fees: If the Renter fails to pay any Fees on their due date, the Company or the Host may deny him/her access to the Listing Address or Storage Space, and the Host (or the Company acting solely as agent for the Host and without assuming any liability for loss or damage to the Stored Goods) may move the Stored Goods at its discretion. If the amount due is not paid in full within 30 days, the Company may issue a written notice to the Renter (at the email or postal address given on the Booking Agreement) of the Company or Host's intention to dispose of the Stored Goods. If payment is not received within 14 days after such notice, the Company or Host may dispose of the Stored Goods as they see fit under these Terms and Conditions. The Company shall not be liable for any loss of or damage to Stored Goods moved, stored, or disposed of under this clause. The amount due will still be owed by the Renter after this point in addition to any clearance fees. The debt may be passed to a debt collection agency and any fees associated with this debt collection, including legal costs, will also be owed by the Renter.

6.6 Without prejudice to our right to claim costs at law and equity, if for any reason any payment is not made when due, we reserve the right to be paid on an indemnity basis any costs we incur in recovering any money owed by the Renter (and the costs of recovering such costs), including our administrative costs and any costs incurred with lawyers or debt collection agencies. Our administrative costs may include the cost of employing the staff concerned and the overheads attributable to them for the time spent.

6.7 We reserve the right to claim interest and reasonable costs in respect of overdue amounts. Interest shall be payable on overdue amounts at 8% per annum over the Reserve Bank of New Zealand Official Cash Rate from time to time. The Company reserves the right to set off, deduct or withhold any amounts owed by you to the Company (whether under these Terms and Conditions or otherwise) from any amounts the Company would otherwise be required to pay or transfer to you, including without limitation any Price payments due to Hosts.

8. LIABILITY AND INDEMNIFICATION

8.1 The Company's liability for matters in relation to which liability by law cannot be excluded or limited shall not be excluded or limited and the rest of these Terms and Conditions shall be subject to this proviso. Subject to the foregoing: (a) in no event shall the Company be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill or anticipated savings, howsoever arising; (b) the Company's total aggregate liability under or in connection with these Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the lesser of (i) the total Commission (excluding the Price) paid by you to the Company in the twelve (12) months preceding the event giving rise to the liability, or (ii) NZ$500; and (c) the Company shall have no liability whatsoever for any loss of, or damage to, Stored Goods, the Storage Space, or any property of any User, all of which is the sole responsibility of the relevant Host and Renter.

8.2 The Company provides the Website and the Services on an ‘as is’ and ‘as available’ basis. The Company is not a bailee, warehouse operator, custodian of any Stored Goods, or insurer, and shall have no liability in any such capacity. The Company does not provide, arrange, or underwrite any insurance or protection plan for Stored Goods, the Storage Space, or any transaction between Users, and each User is solely responsible for obtaining appropriate insurance coverage. To the maximum extent permitted by applicable law, including the Consumer Guarantees Act 1993 (where the User is acquiring services for business purposes as defined in section 43 of that Act), all conditions, terms, representations and warranties that are not expressly stated in these Terms and Conditions, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. Nothing in these Terms and Conditions excludes or limits any rights you may have under the Consumer Guarantees Act 1993 that cannot lawfully be excluded.

8.3 The Company gives no warranties, conditions, guarantees or representations in relation to the Website or Services:

8.3.1 as to the completeness or accuracy of any advice and information contained on or sent or received from the Website or any website to which it is linked;

8.3.2 of any particular result or outcome of using the Website or Services, or that either will meet your requirements; or

8.3.3 that the Website or Services, and content on the Website or the server that makes it available are error- or virus-free or free of other harmful components or that your use of the Site will be uninterrupted, timely, secure, or error-free. Without limiting the foregoing, the Company shall not be liable for any unauthorised access to, or alteration, theft or destruction of, your data, transmissions or content, whether by accident, fraudulent means or any other method, except to the extent such liability cannot be excluded under applicable law including the Privacy Act 2020.

8.4 All Booking arrangements are carried out entirely at your own risk. To the maximum extent permitted by applicable law, the Company and its officers, directors, investors and employees exclude all liability for any claims, demands, damages, losses, costs and expenses (including without limitation any indirect, special, incidental or consequential losses), arising out of or in any way connected with any Booking, any other arrangements that User(s) may have made in connection with this Website, or the User’s use of the Website. Where a User notifies the Company of a dispute, loss, damage, theft, or other issue arising from or in connection with a Booking, the Company will use reasonable endeavours to assist the User in resolving the matter, including by facilitating communication between the parties, providing relevant transaction records, and supporting the recovery of any money owing or items. However, any such assistance is provided on a voluntary and good-faith basis only, and the Company shall not incur any financial liability, obligation to pay compensation, or responsibility for the outcome of any such dispute or recovery effort.

8.5 You rely on information provided by other Users at your own risk. The Company currently verifies Users by way of email verification only and does not collect or hold identity documents. The Company may, but is not obliged to, introduce additional vetting measures in the future, including third-party identity verification checks and Host inspections (either in person or via video conference). However, any such vetting is conducted as a courtesy only and does not constitute any endorsement, guarantee, or warranty by the Company as to the identity, suitability, reliability, or conduct of any User. The Company cannot control, endorse, approve or check the availability, condition or nature of advertised Storage Space or the accuracy, currency, truth or completeness of the information provided by Users of the Website and it is your responsibility to do this and to take any other necessary precautions before arranging or carrying out a Booking. The Company shall have no liability whatsoever for any loss, damage or claim arising from the acts or omissions of any User, including any User who has undergone a vetting process. You should use caution, common sense, and practice safe trading when using the Website.

8.6 Subject to clause 7, you use the Booking Agreement(s) provided at your own risk. The Company does not accept liability for any loss, expense, claim or damage of any nature arising directly or indirectly out of your use of the Booking Agreement(s) that may be provided on the Website from time to time. Users are advised that such Booking Agreement(s) are provided as a template to assist Users and the Company does not warrant that they are suitable for any specific legal or commercial purpose or that they will meet the individual requirements of any User. Users are encouraged to seek independent legal advice.

8.7 You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, successors and assigns from and against any and all claims, liabilities, damages, losses, and expenses (including those brought by third parties, insurers exercising subrogation rights, or regulatory authorities), including, without limitation, reasonable legal and accounting fees, arising directly or indirectly from: (a) your breach of any of your obligations, representations or warranties under these Terms and Conditions; (b) your use of the Website or Services; (c) your violation of any applicable law, regulation or third-party right (including intellectual property rights); (d) any dispute between you and another User; (e) any content or information you provide through the Website; or (f) your failure to obtain or maintain adequate insurance as required under these Terms and Conditions. This indemnity shall survive termination of your account and these Terms and Conditions.

9. INFORMATION SUPPLIED BY HOSTS

9.1 By uploading or submitting any information or material to the Website, the User automatically grants the Company a worldwide, royalty-free, sub-licensable, transferable, non-exclusive, perpetual and irrevocable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) for the purposes of providing the Services, marketing, promoting and improving the Website and Services. The User acknowledges that the Company is not obliged to publish any material submitted by the User.

9.2 You must not upload any information, content or material which:

Is false, inaccurate or misleading;

Breaches any law, statute, ordinance or regulation;

Is offensive, menacing, abusive, defamatory, harassing, racist, sexist, homophobic or obscene;

Breaches any copyright, trademark or other intellectual property rights, whether belonging to the Company or to any third party;

Violates the privacy or other personal rights of others, causes a nuisance, inconvenience or anxiety to any person, or impersonates another person;

Contains viruses, Trojan horses, worms, time bombs, bots, spiders, crawlers or any other pieces of code that may damage, modify, delete, interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; or

Creates liability for the Company or causes it to lose (in whole or in part) the services of its ISPs or other suppliers.

9.3 Advertisements may be disabled or removed at our discretion for reasons including but not limited to the following:

Obvious plagiarism

Feedback from other User(s) about the accuracy of the listing or doubts about the owner's integrity

Offers to store any Prohibited Items

Empty or an unhelpful description

Unrealistic pricing

False information

Illegal or inappropriate use

Intent to avoid paying the correct Fee

Any issues relating to payment of fees

Breach of clause 9.2 above

9.4 Without limiting any other remedies available to the Company at law, in equity or under these Terms and Conditions, the Company may, in its sole discretion and without liability to you, suspend or terminate your account if the Company suspect that you have engaged in fraudulent, illegal or inappropriate activity, or activity which breaches these Terms and Conditions, in connection with the Website and the service provided. The Company may remove and/or ban advertisements listed by you. You acknowledge and agree that the Company shall not be liable for any loss, damage or expense (including loss of revenue or anticipated profits) arising from any suspension, termination or removal of content under this clause.

If you are reasonably suspected to have used the Website or our Services either directly or indirectly to undertake any illegal or criminal activity, we may disclose your details and IP address to the New Zealand Police or other relevant authorities to the extent permitted or required by applicable law, including the Privacy Act 2020. Please see our Privacy Policy.

10. YOUR USE OF OTHER USERS' INFORMATION

10.1 The Company allows Users limited access to other Users' contact information for the purpose of providing its services. You agree to not under any circumstances disclose personally identifiable information about another User to any third party without first obtaining our consent and the consent of such other User. You also agree to reply to messages as soon as practicable and ideally within 48 hours of receipt.

10.2 You agree that, with respect to other Users' personally identifiable information that you obtain through the Website or through a Website communication or Website-facilitated transaction, and unless the other User agrees otherwise in writing; you will only use such information:

For Website-related communications that relate to a Booking; or

In the course of using services offered through the Website, or for complaints; and

In accordance with applicable laws and regulations, including without limitation data protection and privacy laws

10.3 The Company does not tolerate spam or unsolicited commercial communications and Users shall not make unsolicited contact to the other Users of the Website except as expressly envisaged by these Terms and Conditions.

10.4 We reserve the right to monitor messages sent via the Website for the purposes of research, training, quality assurance, or identifying any breach of these Terms and Conditions. Such monitoring will be conducted in accordance with applicable law, including the Privacy Act 2020, and our Privacy Policy. By using the Website, you consent to such monitoring.

11. BREACH

11.1 Without prejudice to any other right or remedy available to the Company at law, in equity or under these Terms and Conditions, the Company has the right to limit your activity on the Website, immediately issue a warning, suspend or terminate your User registration or any of your listed Storage Spaces and refuse to provide any of the Services to the User without notice to the User and without liability for any of the following reasons:

11.1.1 the User breaches these Terms and Conditions;

11.1.2 if the Company is unable to verify the User’s email address or other Registration Details provided to us to our satisfaction;

11.1.3 if the Company believe that the User’s actions may cause the Website legal liability or financial loss; or

11.1.4 if the Company in its sole discretion believes it is in the best interest of the Website and other Users.

12. TERMINATION OF BOOKING AGREEMENT

12.1 Where contracting as a Renter, you agree to remove all Stored Goods from the Storage Space at the Host’s property within 24 hours of the end of the Booking period, the final date for which the Fee has been paid, or termination of the Booking Agreement, as applicable.

12.2 You further agree that in the event that you fail to remove Stored Goods in accordance with this clause, the Host / the Company shall be entitled upon giving six weeks’ notice to you, to remove, destroy or sell the Stored Goods. The Company is entitled to charge you pro rata for such six week notice period and to remove, destroy or sell Stored Goods without further notice if payment is not received by the end of the notice period. You irrevocably release and agree to indemnify the Company and the Host against any and all claims, losses, damages, costs and expenses arising from the removal, destruction or sale of Stored Goods pursuant to this clause (except to the extent caused by the gross negligence or wilful misconduct of the Host), and acknowledge that neither the Company nor the Host shall have any liability to you in respect of such actions taken in good faith.

12.3 Where contracting as a Host, you agree that if the Renter does not collect their belongings or extend the Booking Agreement you will be given a six week notice before being entitled to take the actions described in 12.2 above. Any proceeds of a sale of Stored Goods under clause 12.2 shall be applied first toward any outstanding Fees, storage charges, disposal costs, debt recovery costs and administrative expenses owed to the Company or the Host, and any surplus (if any) shall be returned to the Renter at their last known address. In the event that you receive notice that the Renter has died during the Storage Period, you agree to allow a further period of two weeks (being eight weeks’ notice in total) before taking any such action. You further agree that in the event of your death, your heirs and/or executors will give at least two weeks’ notice of termination to the Renter, after which clause 12.2 will apply.

13. PRIVACY

13.1 The Website has a Privacy Policy, which forms part of these Terms and Conditions. You must read and agree to the Privacy Policy prior to using the Website.

14. INTELLECTUAL PROPERTY

14.1 The Website and all intellectual property belonging to or associated with the Company, including any trade mark or trade name, logos and software, and all content on the Website (including, but without limitation, text, graphics, videos, music, sound, links, and software) is and remains at all times the property of the Company and/or is used under licence from its suppliers and is protected under international treaty provisions and world-wide copyright laws and you agree that you will not infringe any such rights in any way.

14.2 Except as expressly permitted by these Terms and Conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any content in any way or on any medium (including other websites) without our prior written consent. Nor do we grant any express or implied right to you under any of our trademarks, copyrights or other proprietary rights.

14.3 The Company’s logo and any other image on the Website which bears the Company’s name are trademarks of the Company. They may not be used without our prior written consent.

14.4 All information and content uploaded or otherwise sent, by any means, by you to the Website or the Company or to other Users must not infringe any third party’s intellectual property or any other legal rights. You agree and warrant that you own or have permission from the owners to use any information or content you upload or send in the manner and for the purposes that you upload or send it.

14.5 When you upload or send information or other content to or via the Website, you grant the Company a worldwide, royalty-free, sub-licensable, non-exclusive licence to reproduce, edit, transmit and publish the information or content for the purposes of these Terms and Conditions.

15. THIRD PARTY RIGHTS

15.1 The Terms and Conditions and the documents referred to in it are made for the benefit of the parties and their successors and permitted assigns and are not intended to benefit, or be enforceable by, anyone else.

15.2 The Website includes Google Maps features and content. Use of Google Maps features and content is subject to the Google Maps/GoogleEarth Additional Terms of Service and the Google Privacy Policy.

15.3 The Website may use the New Zealand Transport Agency's vehicle enquiry service to look up a Renter’s vehicle details when they make a Booking for a Storage Space. This feature contains public sector information licensed under the applicable open government terms.

16. GENERAL

16.1 Termination: While you are taking part in a Booking, your User account is required to stay active. Once all your active bookings have come to an end and none are going to be renewed, you will then be able to disable your User account. For a period of six (6) months following the termination or deactivation of your User account (howsoever caused), you shall not enter into any storage arrangement with any User whom you were introduced to or connected with through the Website or Services without transacting such arrangement through the Website and paying the applicable Commission. Any breach of this clause shall entitle the Company to claim the Commission that would have been payable had the arrangement been transacted through the Website.

16.2 Entire Agreement: These Terms and Conditions constitute the entire agreement and understanding between the parties and supersede any previous agreement or understanding between the parties with respect to all matters referred to in them.

Force Majeure: The Company shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions where such failure or delay results from any cause beyond the Company's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, power failures, internet or telecommunications failures, cyberattacks, labour disputes, or third-party service provider failures. The Company's obligations shall be suspended for the duration of any such event.

16.3 No Agency: Nothing in these Terms and Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way.

Severability: If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal and enforceable, and the remaining provisions shall continue in full force and effect.

16.4 No waiver: Any failure by either party to enforce any provision of these Terms and Conditions at any time shall not be construed as a waiver of such provision and shall not affect its right to enforce such provision.

Survival: Clauses 6 (Fees), 7 (Item Guarantee), 8 (Liability and Indemnification), 9 (Information Supplied by Hosts), 10 (Your Use of Other Users' Information), 14 (Intellectual Property), and this clause 16 shall survive the termination or expiry of these Terms and Conditions or your User account for any reason.

16.5 No Assignment, Transfer or Subcontract: These Terms and Conditions are personal to the User and the User shall not assign, transfer, subcontract or deal in any other manner with any of its rights and obligations under these Terms and Conditions without the prior written consent of the Company. The Company may assign, transfer, novate or subcontract its rights and obligations under these Terms and Conditions to any third party without restriction and without notice to or consent from the User.

16.6 Governing Law and Jurisdiction: These Terms and Conditions (together with all documents referred to in them) are governed by and construed in accordance with New Zealand law. In the event of any dispute arising out of or in connection with these Terms and Conditions, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute is not resolved within thirty (30) days of written notice of the dispute, either party may refer the dispute to mediation administered by the Resolution Institute (or its successor body) in accordance with its mediation rules. If the dispute is not resolved by mediation within a further thirty (30) days, the parties irrevocably agree that the New Zealand courts have exclusive jurisdiction to settle any such dispute or claim.

17. Cookies

17.1 We may also store information about you using cookies (files which are sent by us to your computer or other access device) which we can access when you visit our site in future. We do this to track the pages you visit, improve your experience, and for analytics purposes. The only personal details a cookie can contain is information you supply yourself. For full details on the types of cookies we use, the data they collect, and how you can manage your cookie preferences, please refer to our Privacy Policy. By continuing to use the Website, you consent to our use of cookies in accordance with this clause and the Privacy Policy.

17.2 We use cookies to determine what visitors to our website find useful. We are interested in which pages are most popular and where visitors stay longest. We will use this information to help users to reach these pages quickly.