Terms & Conditions

KeyPal grants you a license to store Your Keys in Your Locker at the Premises for the agreed storage period in accordance with this Agreement. As part of the license, you are entitled to provide access to one (1) Nominated Person at any given time for the purpose of collecting and returning Your Keys to Your Locker. 

You warrant that Your Locker may only be used for the strict and limited purposes of storing Your Keys and to allow the collection and return of Your Keys by your Nominated Person (“Authorised Purposes”). The details of the Nominated Person, including his/her full name and contact details must be provided to KeyPal in advance.

You may book Your Locker through the KeyPal App at any time. To book Your Locker through the KeyPal App, you are required to sign up, register and receive an account on the KeyPal App.

As part of the account registration process and as part of your continued use of the KeyPal App, you are required to provide personal information and details, such as your email address, first and last name, a secure password, billing, postal and physical addresses, mobile phone number, bank account information and other information as determined by KeyPal from time to time.  

You represent and warrant that such information is accurate, correct and up-to-date. KeyPal may in its absolute discretion suspend or terminate your KeyPal account and access to the KeyPal App for any reason, including but not limited to any failure to comply with this Agreement. You shall be solely responsible and liable for use of your KeyPal account. 

When placing a booking, you will be asked to provide customary billing information, such as your name, billing address and contact details. You will also be asked to provide your payment card information to a third party payment provider and your payment card will be debited at the time of booking. 

Once payment is complete, you will receive a confirmation through the KeyPal App containing a summary of your booking. KeyPal will then have assigned Your Locker to you. A QR Code will be generated and accessible on the KeyPal App which is used to provide access to Your Locker. 

The QR Code sent to you in relation to Your Locker cannot be shared with anyone. It is for your own use. 

During your subscription, you may give access to your Nominated Person through the KeyPal App. Access will only be available to your Nominated Person for the duration of your subscription and will automatically expiry at the end of your subscription. Upon the provision of your Nominated Person’s full name, email address, mobile number, and the length of your license period, the KeyPal App will generate a unique QR Code available for use strictly by your Nominated Person only. 

Once you have made a booking, any changes to your booking, including but not limited to changes of dates and/or times (“Changes”) or cancellations of any bookings (“Cancellations”) must be made at least the day before the date of the booking (“Notice Period”) through the KeyPal App in order to be eligible for a refund of the booking fee. 

A booking cannot be Changed or Cancelled if notice is provided less than the Notice Period and the booking fee is non-refundable. 

At the time of booking, an option for auto renewal of your subscription period is available. If selected, upon the expiry of your initial subscription period, your subscription period will automatically renew for a further term equal to your initial subscription period (“Auto Renewal”).

You agree and acknowledge that this Agreement shall continue to apply to the parties for the duration of any Auto Renewals, if applicable. KeyPal further warrants that the same payment rates shall apply to any Auto Renewals, unless agreed otherwise between the parties.

You are entitled to cancel any Auto Renewals at any time prior to the expiry of your initial subscription period through the KeyPal App.

You are at all times responsible for Your Keys which are in your possession and control, including but not limited to when Your Keys are stored in Your Locker. KeyPal is merely providing a space for you to store Your Keys, regardless of whether or not you choose to provide access to a Nominated Person.

Unless KeyPal exercises its rights under this Agreement, the use of Your Locker and storage of Your Locker is your responsibility and you assume all risks and liability in relation to Your Keys.

You acknowledge and accept that the provisions of this clause are fair and reasonable given your possession and control over Your Keys.

Given that you have possession and control over Your Keys, you acknowledge and agree that KeyPal is not a bailee or warehouseman of Your Keys nor does KeyPal have possession of Your Keys at any time. You warrant that you are either the owner of or control Your Keys and/or are entitled at law to deal with them in accordance with all aspects of this Agreement.

It is your responsibility to educate your Nominated Person on the steps required in retrieving and/or returning Your Keys from the Premises.

Subject to clauses 5.2 and 5.3 below, you may access Your Locker during the access hours of the Premises (which can be found at the Premises or on KeyPal’s website) or as otherwise notified by KeyPal from time to time (“Access Hours”). It is necessary for KeyPal to be able to determine when the Premises will and will not be accessible by customers for various reasons including but not limited to security, safety and other business reasons. As such, you acknowledge and agree that KeyPal may change the access hours at its discretion and that it is reasonable for it to do so as part of its operation of the Premises.

You may only access Your Locker outside the Access Hours with KeyPal’s consent which may be given or withheld at KeyPal’s sole and absolute discretion.

KeyPal reserves the right to refuse you or any other person access to the Premises or Your Locker (including after this Agreement has been terminated) in the event that:

(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 KeyPal to show you or the other person are entitled to access.

KeyPal may access or inspect Your Locker:

(a) on reasonable notice for maintenance purposes or for inspection purposes on 3 days’ notice; or
(b) at any time for emergency purposes.

You acknowledge and agree that you are storing Your Keys at the Premises at your sole risk, and that KeyPal is not responsible for any unauthorised entry by any person to the Premises or Your Locker.

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

(Use of Your Locker) You must only use Your Locker strictly for the Authorized Purposes only and no other business or activity. Your Locker must not at any time be used to store any thing which is hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or which in the reasonable opinion of KeyPal may cause harm to any person or property.

(Securing Your Locker) You are responsible for ensuring that Your Locker is always securely locked and where applicable, you must ensure that you comply with any other security policies or procedures for the Premises.

(Repair and Responsibility for Authorised Persons) You must notify KeyPal of any damage you or any person authorised by you (including at your request, direction, or as facilitated by you, including by the provision of a QR Code) cause to the Premises or Your Locker and you are responsible for such damage and must reimburse KeyPal on demand for the cost of KeyPal to make good the damage. You acknowledge that you licensed Your Locker at the Premises owned by KeyPal and that it is reasonable for you to be accountable for persons you bring onto, or authorise to enter, the Premises.

(Compliance with Laws) You must, at your cost, comply with all laws applying to the storage of Your Keys in Your Locker and the use of Your Locker.

(Change in Details) You must immediately update your contact details or those of any Emergency Contact Person on the KeyPal App.

At all times, you:

(a) release KeyPal (and its employees, contractors and agents) from;
(b) indemnify KeyPal (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, statute, equity, indemnity or otherwise) from or in connection with,

(i) loss of or damage to Your Keys;
(ii) loss or damage resulting from KeyPal accessing Your Locker in accordance with this Agreement;
(iii) KeyPal either refusing you access to the Premises and Your Locker or terminating this Agreement in accordance with this Agreement; or
(iv) Loss of or damage to any property (including KeyPal’s property) or death of or injury to any person caused or contributed to by:

I. You or any other person authorised by you;
II. KeyPal or any of its contractors, agents or employees in exercising any other right or power pursuant to this Agreement.

To the extent that your actions or omissions in relation to your use of Your Locker or your failure to comply with this Agreement cause any damage, expense, loss, liability (“Loss”) to KeyPal or any other party, you agree and acknowledge that you are liable for such Loss and that KeyPal may recover such Loss incurred by it from you.

You acknowledge that KeyPal may from time to time be required by the operation of law (including common law or statute), or court order to discuss, assist an investigation or action, or provide information relating to you or your use of Your Locker to a regulator, statutory agency, court, government department or other entity duly authorised by law to make such a request. You further acknowledge and agree that any such assistance that KeyPal provides pursuant to this clause is reasonable and that KeyPal may provide such assistance and is released and indemnified by you for any liability, expense, claim or loss incurred by you or any other person, that may arise as a result of the provision of such assistance.

Either you or KeyPal may terminate this Agreement at any time by giving not less than seven (7) days’ written notice to the other.

If you fail to comply with any of your obligations under this Agreement after KeyPal gives you not less than seven (7) days’ notice requiring you to comply, KeyPal may immediately terminate this Agreement by notice to you.

In the event that your use of Your Locker is considered by KeyPal to be illegal or otherwise harmful to other persons, KeyPal may terminate this Agreement without notice. This will constitute a default under this Agreement.

On termination of this Agreement, you must immediately:

(a) pay to KeyPal any amounts which you owe to KeyPal;
(b) remove Your Keys from Your Locker;
(c) clean and remove all rubbish from and make good any damage caused by you to Your Locker. If you fail to do this, KeyPal may do so at your cost.

You acknowledge and agree that if you fail to collect Your Keys by the end of your booking, this clause shall apply.

KeyPal may charge you a fee (being the daily rate of the booking fee) for every calendar day after the end of your booking in which you fail to collect Your Keys.

KeyPal will provide you with notice of your failure to collect. You must collect Your Keys within 30 calendar days of receiving the Abandoned Goods Notice (“Abandoned Goods Notice Period”). If you fail to collect Your Keys upon the expiry of the Abandoned Goods Notice Period, Your Keys and/or any other items in Your Locker will be taken to be “Abandoned Goods” for the purposes of this clause.

In the event that Your Keys and/or any other items become, by operation of the provisions of this clause, Abandoned Goods for the purposes of this Agreement, you acknowledge that it is not reasonable for Your Keys and/or any other items to remain in Your Locker and that KeyPal will by necessity need to deal with them. Accordingly, you agree that KeyPal may dispose of any or all of your Abandoned Goods on such terms as KeyPal decides are reasonable.

You acknowledge that KeyPal will incur costs (both internal and external) in having to deal with the Abandoned Goods and that it is fair for you to and you agree to pay the costs of and indemnify KeyPal for all costs, expenses, damages, claims, action or liability whatever arising from or in connection with KeyPal exercising its rights under this clause.

A notice or other communication to a party under this Agreement must be:

(a) in writing and in English; and
(b) delivered by email to the other party, to the email address specified in this Agreement, or if no email address is specified in this Agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this Agreement as at the date of this Agreement (“Email Address”). The parties may update their Email Address by notice to the other party.
(c) Unless the party sending the notice knows or reasonably ought to have known that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent; or
(ii) when replied to by the other party,
‍
whichever is earlier.

Nature of Obligations
Any provision in this Agreement which binds more than one person binds all of those persons jointly and each of them individually. Each obligation imposed on a party by this Agreement in favour of another is a separate obligation.

Assignment
‍You must not assign, sub-license or otherwise deal with your rights or obligations under this Agreement without the written consent of KeyPal.

Entire Understanding
‍This Agreement contains the entire understanding between the parties concerning the subject matter of the Agreement and supersedes all prior communications between the parties.

No waiver
‍A failure, delay, relaxation or indulgence by a party in exercising any power or right conferred on the party by this Agreement does not operate as a waiver of the power or right. A single or partial exercise of the power or right does not preclude a further exercise of it or the exercise of any other power or right under this Agreement. A waiver of a breach does not operate as a waiver of any other breach.

No Variation
‍This Agreement cannot be amended or varied except in writing signed by the parties.

Non Merger
‍A term or condition of, or act done in connection with, this Agreement does not operate as a merger of any of the rights or remedies of the parties under this Agreement and those rights and remedies continue unchanged. Each term of this Agreement that has not been carried into effect at the termination of this Agreement survives the termination.

Governing Law and Jurisdiction
‍This Agreement is governed by and must be construed in accordance with the laws of the State of Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

Invalidity and Severability
‍If any provision of this Agreement offends any law applicable to it and is as a consequence illegal, invalid or unenforceable then where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and in any other case the offending provision must be severed from this Agreement in which event the remaining provisions of the Agreement operate as if the severed provision had not been included.