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JumpSeat Terms and Conditions

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8 August 2020 by Joanne

These terms and conditions apply to the use of this website, and by using this website you acknowledge that you are bound by them.

If you do not accept these terms and conditions, you must not use this website.

In these terms and conditions: 

  • “You” means the person accessing or using this website.  “Your” has a corresponding meaning; and
  • “We” means JumpSeat and our successors and assignees.  “Our” and “us” have a corresponding meaning.
  1. We may change any of the information on this website, including these terms and conditions, at any time.  By continuing to use this website after any changes have been made, you acknowledge that you will continue to be bound by these terms and conditions.
  1. JumpSeat provides an online platform that connects Owners that have Work Space/Areas, Tools and Equipment with Renters seeking to book such Work Space/Area for business purposes.
  2. We act as an intermediary for JumpSeat users to transact and are not a party to any Contract. We are not a rental agent or property broker. When a Renter makes a booking and a Owner accepts a booking for a work space, they are entering into a Contract directly with each other.
  3. Any interaction between you and another JumpSeat user, including any Contract entered into between you and another JumpSeat user, is a matter directly between you and them only. Other than our obligations set out in these Terms, we are not liable to you for any failure by any JumpSeat user to comply with these Terms or any other legal obligation.
  4. We will use reasonable efforts to provide JumpSeat in accordance with these Terms and New Zealand law.
  5. Our provision of JumpSeat to you is non-exclusive. Nothing in these Terms prevents us from providing JumpSeat to any other person.
  6. Subject to clause 4., we will use reasonable efforts to ensure JumpSeat is available on a 24/7 basis. However, it is possible that on occasion JumpSeat website may be unavailable to permit maintenance or other development activity to take place, or due to an event that is beyond our reasonable control.
  7. Through the use of web services and APIs, JumpSeat may interact with a range of third party service features. We do not make any warranty or representation on the availability or performance of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.
  1. You must:
    1. use JumpSeat in accordance with these Terms solely for lawful purposes (including complying with the Unsolicited Electronic Messaging Act 2007); and
    2. not resell or make available JumpSeat to any third party, or otherwise commercially exploit JumpSeat.
  2. To register with JumpSeat, you are required to either log in via social media site login or supply your name, an email address and a password.
  3. When you create a user account, JumpSeat will require you to verify your identity. You warrant that all identity documents you provide are complete, current and accurate. You undertake to notify us of any changes to these identity documents within 7 days of the change.
  4. You must keep your User ID secure and:
    1. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
    2. immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to Contactus@v-jumpseat.com
  5. You must obtain our written permission to establish a link to JumpSeat. If you wish to do so, email your request to Contactus@v-jumpseat.com
  6. When accessing and using JumpSeat, you must:
    1. not impersonate another person or misrepresent authorisation to act on behalf of others or us;
    2. not attempt to undermine the security or integrity of the Underlying Systems;
    3. not use, or misuse, JumpSeat any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use JumpSeat;
    4. not attempt to view, access or copy any material or data other than:
      1. that which you are authorised to access; and
      2. to the extent necessary for you to use JumpSeat in accordance with these Terms;
    5. neither use JumpSeat, nor transmit, input or store any Content, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading; and
    6. unless with our agreement, access JumpSeat via standard web browsers and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction, monitoring or input method.
  7. You are responsible for procuring all licences, authorisations and consents required for you to access and use JumpSeat, including to use, store and input Content into, and display Content using, JumpSeat.
  8. You indemnify us against all Loss we suffer or incur as a direct or indirect result of:
    1. any actual or alleged claim by a third party that any Content infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Content is Objectionable, incorrect or misleading;
    2. your failure to comply with these Terms, including any failure of a person who accesses and uses JumpSeat by using your User ID; or
    3. any Loss arising from or in connection with an actual or alleged breach by you of any legal or regulatory requirements which occurs in connection with a Contract or as a result of any other relationship established through JumpSeat.
  1. Both Owner and Renters must have appropriate insurance for their risks under the Contract. We recommend that both Owners and Renters confirm with their insurance provider that their insurance is appropriate for the Contract.
  1. Term applies to Owners.
  2. On creating a Listing, you must:
    1. provide accurate information on the Work Space/Area, Tools and Equipment including the size, location, security, and access type offered;
    2. disclose the Rent; and
    3. provide any additional terms and conditions that apply to the use of the Work Space/Area, Tools and Equipment.
  3. All descriptions and information in a Listing must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief.
  4. If a Work Space/Area becomes unavailable for any reason, you agree to remove or suspend the Listing as soon as practicable.
  5. If a Renter requests to book a Work Space/Area, you will receive a booking request via email. You must respond within 48 hours of receiving the booking request. If you do not respond in this time period, the booking request is considered as having been rejected by you.
  6. Upon accepting a booking request, a Contract is formed between you and the Renter.
  7. You must not ask for or accept direct payment of the Rent by a Renter by any payment method other than payment through JumpSeat.
  8. You acknowledge and agree that you are responsible for all Listings that you post on JumpSeat. Accordingly, you represent and warrant that any Listing you post and the acceptance of a booking, or a Renter’s use of, a Work Space/Area will:
    1. comply with any agreements you have entered into with any third parties;
    2. comply with all applicable laws; and
    3. not conflict with the rights of third parties.
  9. You must inform the Renter of any damage to the Work Space/Area that you become aware of as soon as practicable.
  1. This term applies to Renters.
  2. In completing a booking for a Work Space/Area, Tools and Equipment, you must confirm the items you are expected to use within the Work Space/Area.
  3. Upon a Owner accepting a booking request from you, a Contract is formed and you must pay the Rent.
  4. You must not ask the Owner to accept direct payment of the Rent or pay the Owner by any payment method other than payment through JumpSeat.
  5. By entering into a Contract with an Owner, you warrant and represent that you will not:
    1. store Prohibited Goods in the Work Space/Area;
    2. use the Work Space/Area for any unlawful purpose; or
    3. do anything that will interfere with the Owner’s reasonable enjoyment of the rest of their premises or invalidate the Owners insurance.
  6. You must inform the Owner of any damage to the Work Space/Area, Tools and Equipment that you become aware of as soon as practicable.
  7. You must comply with the access and security arrangements set out in the Listing, the Contract or as otherwise agreed between you and a Owner, and keep safe any keys or other items used to access the Work Space/Area and/or Items.
  8. On or before the end of the rental period for the Work Space/Area or upon termination of the Contract in accordance with Termination of Contract of these Terms, you must vacate the Work Space/Area completely. You must remove all the personal Items from the Work Space/Area and leave the Work Space/Area in good condition.
    1. If you are the Renter and wish to terminate a Contract, you must:
      1. provide 3 weeks’ notice to the Owner through JumpSeat of your intention to terminate the Contract; and
      2. continue to pay the Rent for the whole notice period, regardless of whether you have vacated or removed your work tools and equipment etc.
    2. If you are an Owner and wish to terminate a Contract, you must:
      1. provide 3 weeks’ notice to the Renter through JumpSeat of your intention to terminate the Contract; and
      2. agree to continue pay for the Work Space/Area for the notice period.
    3. Upon termination of a Contract under clauses 7.1 or 7.2, the Renter must remove all personal work tools and equipment from the Work Space/Area.
    4. If a Owner has good reason to believe a Renter is storing Prohibited Goods within the Work Space or is otherwise in breach of the Contract, the Owner may terminate the Contract immediately without notice to the Renter and require the Renter to remove the Prohibited Goods from the Work Space/Area. The Owner will give notice to the Renter and permit a reasonable period for the Renter to rectify the default before taking possession and selling/disposing of Stored Goods. The Owner may also inform law enforcement authorities and take actions to remove the items from their property.
    5. If the Renter is overdue in payment of the Rent by 14 days or more, the Owner may:
      1. immediately terminate the Contract;
      2. deny the Renter access to the Work Space until the default is remedied;
      3. require the Renter 7 days’ notice to remove any Work Tools and Equipment; and/or
      4. exercise any other remedy allowed by law until the outstanding amount has been paid in full.
    6. On expiry or termination of the Contract, the Owner may sell or dispose of the Work Tools and Equipment stored in accordance with the Contract, subject to the following:
      1. the Owner must first notify JumpSeat and provide full particulars of the Stored Work Tools and Equipment;
      2. the Owner must follow our reasonable directions; and
      3. having regard to the circumstances of the default or abandonment, we may, at our absolute discretion, direct the Owner to remit or retain any remaining proceeds of sale.
  1. Renters must pay the Rent to us during the term of the Contract.
  2. The Rent is set out in Listings in NZD and includes GST.
  3. A Renter must pay the Rent in full for the short term period specified or if on a recurring weekly payment, in advance. Unless otherwise agreed by us, all Rent must be paid by credit card or debit card.
  4. The Rent is non-refundable.
  5. If payment of any amount owed to us is not received by the due date, we may:
    1. charge interest on overdue amounts. Interest will be calculated from the due date to the date of payment (both inclusive) at an annual percentage rate equal to the corporate overdraft reference rate (monthly charging cycle) applied by our primary trading bank as at the due date (or, if our primary trading bank ceases to quote that rate, then the rate which in the opinion of the bank is equivalent to that rate in respect of similar overdraft accommodation expressed as a percentage) plus 2% per annum; and/or
    2. recover all costs incurred in recovering overdue amounts and interest from you, including the actual fees charged by our lawyers and any debt collection agency.
    3. charge an administration fee for the recovery of late payments.
  6. We will pay the net amount due to you within 7 working business days.  Less JumpSeat’s Service Fee of 15%.
  7. Increases:
    1. We may, by giving at least 30 days’ notice, increase the Commission from time to time. We will notify you of any increase and the effective date of the increase by emailing you at the email contact address that you have most recently supplied to us.
    2. If you do not wish to pay the increased Commission, you may remove your Listings and/or your account. If you do not remove your Listings before the effective date of the increase, you are deemed to have accepted the increased Commission.
  1. Title to, and all Intellectual Property Rights in, the Content (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Content for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
  2. Without limiting clause 1.1,  you acknowledge that we may use Content for our internal research, analytical and product development purposes, to conduct statistical analysis and identify trends and insights (on an anonymised and aggregated basis) and for our internal reporting requirements (and these rights will survive termination and expiration of these Terms).
  3. You must ensure you have obtained all necessary consents for us to access, collect, hold, process and distribute the Content as described in these Terms.
  4. While we will use reasonable endeavors to back up all Content stored using JumpSeat, you must keep separate and regular back-up copies of all Content uploaded by you onto JumpSeat.
  1. Other than your Content, we (and our licensors) own all proprietary and intellectual property rights in JumpSeat and the Underlying Systems, including all information, data, text, graphics, artwork, photographs, trade marks, logos, icons, sound recordings, videos and look and feel, and including any modification, enhancement or derivative work of any of the foregoing.
  2. If you provide us with ideas, comments or suggestions relating to JumpSeat or Underlying Systems (together feedback):
    1. all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
    2. we may use or disclose the feedback for any purpose.
  1. You must treat all information available and otherwise provided through JumpSeat as strictly confidential, and may only use that information for the purpose of Listing, Booking, Accepting Bookings through JumpSeat.
  2. Confidential Information expressly includes contact details of each JumpSeat user, addresses for a Work Space/Area and information about Work Space/Area, Tools and Equipment, but does not include any information already in the public domain, or independently known to you.
  1. You are not required to provide personal information to us, although in some cases if you choose to not do so then we will be unable to make certain functions of JumpSeat unavailable to you.
  2. When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993 and with our Privacy Policy set out at ‘Privacy Policy‘.
  1. To the extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with:
    1. any Contract;
    2. JumpSeat being unavailable (in whole or in part) or performing slowly;
    3. the failure of any JumpSeat user to comply with these Terms;
    4. any error in, or omission from, any information made available through JumpSeat;
    5. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use JumpSeat. To avoid doubt, you are responsible for ensuring the process by which you access and use JumpSeat protects you from this; and
    6. any site linked from JumpSeat. Any link on JumpSeat to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
  2. All Contracts are carried out entirely at your own risk. We exclude to the fullest extent permitted by applicable law all liability for any Loss arising out of or in any way connected with any other arrangements that you may have made in connection with JumpSeat, or your use of JumpSeat.
  3. Without limiting Disclaimer clause 2:
    1. you rely on information provided by other JumpSeat users at your own risk;
    2. you acknowledge we do not, control, inspect, endorse, approve or check the availability, condition or nature of an advertised Work Space/Area or the accuracy, currency, truth or completeness of the information provided by JumpSeat users and it is your responsibility to do so; and
    3. it is your responsibility to take any other necessary precautions before entering a Contract.
  1. To the maximum extent permitted by law:
    1. you access and use JumpSeat at your own risk; and
    2. we are not liable or responsible to you or any other person for any Loss under these Terms or in connection with JumpSeat, or your access and use of (or inability to access or use) JumpSeat. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
  2. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability will be limited to NZD50.
  3. To the maximum extent permitted by law and only to the extent Liability clause 1 and 2 of these Terms do not apply:
    1. our total liability to you in connection with these Terms or JumpSeat will not exceed NZD50 ; and
    2. we will not be liable to you under or in connection with these Terms or JumpSeat for any:
      1. loss of profit, revenue, savings, business, use, data (including Content), and/or goodwill; or
      2. consequential, indirect, incidental or special damage or loss of any kind.
  4. Liability Clauses 1 to 3 do not apply to limit:
    1. our liability under or in connection with these Terms:
      1. for personal injury or death; or
      2. for fraud or willful misconduct; or
    2. any liability that cannot be excluded by law.
  1. You may cease using JumpSeat at any time by removing your account from JumpSeat. If you do this, these Terms and your right to access and use JumpSeat will terminate immediately.
  2. Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use JumpSeat if the other party:
    1. breaches any material provision of the Agreement and the breach is not:
      1. remedied within 10 days or the receipt of a notice from the first party requiring it to remedy the breach; or
      2. capable of being remedied; or
    2. becomes insolvent, liquidated, bankrupt, has an administrator, receiver, liquidator, statutory manager, mortgagee’s or charge’s agent appointed or becomes subject to any form of insolvency action of external administration, or ceases to continue business for any reason.
  3. Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
  4. Clauses which, by their nature, are intended to survive termination of your right to access and use JumpSeat, including clauses 9 to 14, 15.3, 15.4 and 16.2.
  5. Subject to clause 7.3 and 15, no compensation is payable by us to you as a result of termination of these Terms for whatever reason, and you will not be entitled to a refund of any amount that you have already paid to us.
  6. Without limiting any other right or remedy available, we may restrict or suspend your access to JumpSeat if we consider you have:
    1. undermined, or attempted to undermine, the security or integrity of JumpSeat or any Underlying Systems;
    2. used, or attempted to use, JumpSeat for improper purposes or in a manner, other than for normal operational purposes, that materially reduces the operational performance of JumpSeat;
    3. transmitted or stored any Content that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is, or may be, Objectionable, incorrect or misleading;
    4. failed to pay any amount when due in accordance with clause Fees and Payment; or
    5. otherwise materially breached these Terms.
  1. If we need to contact you, we may do so by email or by posting a notice on JumpSeat. You agree that this satisfies all legal requirements in relation to written communications.
  2. These Terms, and any dispute relating to these Terms or JumpSeat, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or JumpSeat.
  3. We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by an event that is beyond our reasonable control.
  4. You may not assign, novae, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.
  5. No person other than us and you has any right to a benefit under, or to enforce, these Terms.
  6. Subject to clause 1.1, any variation to these Terms must be in writing and signed by both parties.
  7. For us to waive a right under these Terms, that waiver must be in writing and signed by us.
  8. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
  9. These Terms set out everything relating to your access and use of JumpSeat and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to JumpSeat that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
  1. Definitions: In these Terms:
    JumpSeat means the Website
    Commission means the commission payable by the Owner to us in respect of JumpSeat calculated at a rate of 15% of the Rent (including GST)
    Content means content, data, and information (including personal information) that is owned, held, used or created by you or on your behalf, and that is then stored, transmitted via, input into or displayed via JumpSeat including, in the case of a Owner, all content, data and information uploaded into JumpSeat by the Owner when creating a Listing
    Contract means an agreement directly between a Owner and a Renter to use an area, space, tools and equipment, on the terms set out in the Schedule, unless otherwise agreed between the Owner and the Renter
    Owner means a person who has set up an account with JumpSeat to list a item and offers such a item to JumpSeat users
    Intellectual Property Rights includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity.
    Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property
    Listing means an advertisement or post by a Owner on JumpSeat offering a work space/area to JumpSeat users
    Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
    Objectionable includes being objectionable, defamatory, obscene, harassing, threatening or unlawful, in any way
    Payment Manager means the payment provider we use in connection with JumpSeat currently Stripe Inc: https://stripe.com/about
    Personal information means information about an identifiable, living person
    Prohibited Goods means toxic, polluted or contaminated goods, firearms, munitions, weapons or explosives, radioactive materials, highly flammable or hazardous goods, living plants or animals, food or perishable goods, anything damp, mouldy, rotten or infested with or damaged by parasites, any item which emits any fumes or strong odour, cash and securities, illegal goods or items, waste, or any item whose presence would invalidate any insurance policy which would otherwise cover the items or the Space
    Rent means the rental amount for an area and/or item set out in a Listing
    Renter means a person who makes a booking to use a area and/or item
    Work Space/Area means the physical area at an Owners premises
    Stored Goods means the goods stored under a Contract
    Terms means these terms and conditions titled All Space Terms and Conditions
    Underlying Systems means the IT solutions, systems and networks (including software and hardware) used to provide JumpSeat, including any third party solutions, systems and networks
    User ID means a unique name and/or password allocated to you to allow you to access JumpSeat
    We, us or our means JumpSeat, V-dito Limited
    Website means www.v-jumpseat.com You means you or, if clause 1.2c applies, both you and the other person on whose behalf you are acting
  2. In these Terms:
    1. clause and other headings are for ease of reference only and do not affect the interpretation of these Terms;
    2. words in the singular include the plural and vice versa; and
    3. a reference to:
      1. a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity;
      2. including and similar words do not imply any limit; and
      3. a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.

SCHEDULE - Standard Contract Terms

This Schedule sets out standard terms that apply to the Contract between the Owner and the Renter, unless otherwise agreed between the Owner and the Renter.  Capitalised terms used in this Schedule have the meanings given in clause 17 of the JumpSeat Terms and Conditions.

  1. The Renter warrants that:
    1. it has full knowledge of what is required in a work environment and the use of work tools and equipment; and
    2. entitled at law to deal with them in accordance with the Contract.
  2. The Renter acknowledges that:
    1. the Contract does not grant the Renter a lease of the Work Space/Area; and
    2. the Owner:
      1. does not provide any service other than a licence to use the Space, Area, Tools and Equipment;
      2. is not a bailee;
      3. does not take possession of or any responsibility except as provided in clauses About 4.4 and 5.1 of this Schedule.
  1. The Renter must:
    1. not store any Prohibited Goods in the Work Space/Area;
    2. use the Work Space/Area solely for carrying out business activities;
    3. not physically alter or damage the Work Space/Area in any way (including the use of screws or nails) without the Owners prior consent. If the Work Space/Area is damaged, the Owner may charge the Renter for any repairs;
    4. not assign the Contract or let any other person Work in the Space; and
    5. must comply with all health and safety or other notices for the Work Space/Area.
  2. The access hours for the Work Space/Area are as set out in the Listing or otherwise agreed by the Owner and the Renter.
  3. The Owner can provide 2 types of access for any Listing:
    1. full access, where the Renter can access the Work Space/Area without being accompanied by the Owner; or
    2. partial access, where the Renter must give notice to, and be accompanied by, the Owner in order to access the Work Space/Area.
  4. Where the Renter accesses the Work Space/Area without being accompanied by the Owner, the Renter must:
    1. secure the Work Space/Area in the manner advised by the Owner;
    2. ensure that the Work Space/Area is kept clean and in a state of good repair;
  5. The Owner may refuse access to the Work Space/Area by the Renter where any Rent is overdue.
  6. Any items left unattended in common areas or outside the Work Space/Area at any time may, at the Owner’s reasonable discretion be sold, moved or disposed of at the expense and liability of the Renter.
  1. If the Renter is using the Work Space/Area for the purposes of carrying out business, then the guarantees and remedies in the Consumer Guarantees Act 1993 (CGA) are excluded.
  2. If the Owner is not providing the Work Space/Area in trade (as that term is defined in section 2 of the CGA), then the guarantees and remedies in the CGA do not apply.
  3. If the CGA applies, the Renter acknowledges in accordance with clauses 1. and 3. of this Schedule that the Owner is only providing a licence to use the Work Space/Area provided by the Owner for the sole purpose running your business from the Work Space. No other undertakings or commitments are given or undertaken by the Owner whether in tort, contract or other legal principle.
  4. If the CGA applies, the Owner’s services come with non-excludable guarantees, including that they will be provided with reasonable care and skill. Otherwise, to the extent permitted by law, are at the sole risk and responsibility of the Renter who is responsible for any and all theft, loss, damage to, and deterioration of their person items stored within the work space/area.
  5. Where loss, damage or injury is caused by the Renter, the Renter’s actions, the Renter will indemnify the Owner from all claims in contract, tort or otherwise for any loss or damage to the property of, or personal injury to the Renter, the Owner or the Work Space/Area, third parties, and/or the true owner of the Work Space/Area, Tools and Equipment, resulting from or incidental in the use of the Work Space/Area, Tools and Equipment by the Renter (including but not limited to storage of Goods in the Work Space/Area and/or the Renter accessing the Work Space/Area).
  6. The Renter is responsible (and must pay) for loss or damage caused by a third party who enters the Work Space/Area at the request or direction of the Renter or (if applicable) using the Renter’s key, access card or access code. The Renter is not responsible for access after it notifies the Owners of the loss or theft of the key, access card or access code.
  1. The Renter must comply with all relevant laws applicable to the use of the Work Space/Area. Liability for any breach of such laws by the Rent rests absolutely with the Renter and includes all costs resulting from such breach.
  2. If the Owner believes at any time (in its sole discretion) that the Renter is not complying with clause Compliance with Laws 1. of this Schedule, the Owner may, at any time:
    1. take any action the Owner believes necessary to so comply, including inspection of the Work Space/Area and/or termination under clause 6. of this Schedule
  1. All Work Space/Area, Tools and Equipment are subject to a general lien in favour of the Owner for all Rent and other amounts owed to the Owner. If the Rent or any other amount owed to the Owner is not paid in full within 30 days of the due date, the Owner may take possession of any Stored Goods in the Work Space/Area and may, at the Owners’s sole discretion, do any one or more of the following:
    1. sell the Stored Goods by private arrangement or public auction to offset any unpaid Rent or any other amount owed to the Owner and costs associated with collection of Rent and/or disposal of the Stored Goods;
    2. dispose of the Stored Goods in any other manner as the Owner sees fit, whether for value or not, if the Stored Goods are unsaleable, remain unsold after being offered for sale, pose a health and safety risk, or are of insufficient value to warrant a formal sale process; and/or
    3. if the Owner believes in its reasonable opinion that it is a health and safety risk to conduct an inventory of the Stored Goods in the Work Space/Area, dispose of some or all of the Stored Goods without doing an inventory.
  2. The Owner will give notice to the Renter and permit a reasonable period for the Renter to rectify a default before taking possession and selling/disposing of Stored Goods.
  3. If any money is recovered from the sale or disposal of Stored Goods, that money will be used as follows:
    1. first, to pay the costs incurred by the Owner in connection with re-entering the Work Space and selling or disposing of the Stored Goods;
    2. second, to pay all Rent (including Commission) owed (and where the balance after the payment of the Owner’s costs under clause 3.3a of this Schedule are insufficient to cover the full Rent owed, the funds will be divided between the Owner and JumpSeat  pro rata in accordance with the net amount outstanding to each of them); and
    3. third, to pay any other amounts owed to the Owner by the Renter; and
    4. fourth, any excess will be sent to the Renter.
  1. The Contract may be terminated:
    1. by either party on 3 weeks’ notice to the other party; or
    2. by the Owner immediately without notice if the Renter fails to pay the Rent or breaches clauses Access to and Conditions of use of the Work Space/Area 1, 3.4 or 4.1 of this Schedule.
  2. On expiry or termination of the Contract the Renter must:
    1. remove all Stored Goods from the Work Space/Area and leave the Work Space/Area in a clean condition and good state of repair to the satisfaction of the Owner (acting reasonably); and
    2. pay any outstanding moneys.
  3. If the Owner reasonably believes that the Renter is unable to carry its obligations under clause 7.2a of this Schedule or the Renter does not respond in a reasonable period to notices sent by the Owner, the Owner may, but is not obliged to, to carry out those obligations and the Renter irrevocably authorises the Owner to take this action.
  4. If the Renter fails to remove all Stored Goods from the Work Space/Area on expiry or termination of the Contract, the Owner is authorised to (in its discretion) sell or otherwise dispose of the Stored Goods, regardless of the nature or value of the Stored Goods. The Owner will give 14 days’ notice of the intended disposal.
  5. Expiry or termination of the Contract does not affect each party’s rights and obligations accrued before the termination or expiry date.