terms & conditions
1. Your contract with CheckGo
Volo Enterprises Pty Ltd ACN 621 451 796 trading as CheckGo (we or CheckGo) offer a number of different ways for our customers (you or Customer) to book, manage, use and pay for luggage storage, parcel collection and key exchange services we offer at locations in Australia that are owned, branded or operated by us or our representatives (CheckGo Locations). In these Terms we refer to our services as CheckGo Services. These Terms apply as a contract between you and us, governing your use of any CheckGo Services. The Terms also apply to successors and assigns of CheckGo, and our employees, agents and contractors where applicable.
These Terms apply to you whether you are the person (including a corporation) entering into the contract as described in clause 1.3, or a person such as friend, relative or travelling companion of the person under such contract who is using a Service at the same time as a Customer (a User). You as the person entering the contract must ensure that Users comply with these Terms. You remain liable in all cases for the performance of the contract, even if we also have rights against a User.
1.3 Formation of contract
These Terms take effect as a binding Agreement between you and CheckGo, when:
(a) you sign an application form incorporating these Terms (and if the form requires a form of acceptance by us such as our representative’s signature or issuing a reference number, we have completed that acceptance process); or
(b) you use our website to purchase our Services (and if the website requires a form of acceptance by us such as issuing a reference number, we have completed that acceptance process); or
(c) you agree to use a mobile phone or digital application provided by us or by a third party, offering our Services (CheckGo App); or
(d) you accept the Terms by storing luggage at any CheckGo Location or by using any of our other Services.
1.4 Other conditions
In addition to these Terms, other conditions apply to your use of our Services where we notify you and give you a reasonable opportunity to read them. The other conditions may be explained in these Terms, set out on an application form, posted on our website, posted at a CheckGo Location or included in a CheckGo App.
2.1 Service details
Full descriptions of the Services that we provide and the applicable terms and fees for each Service (in addition to these Terms), are provided in one or more of the following places:
(a) in these Terms;
(b) in an application form or binding quote that we provide;
(c) on our website at https://checkgo.com.au;
(d) on a notice installed at a CheckGo Location, such as a rate board;
(e) in a CheckGo App; or
(f) otherwise in information we make available to you.
3. Fees and payment
3.1 Types of fees
We will provide you with information on fees as part of the terms we offer for each Service, as described in clause 2.1. Our fee types include the following:
(a) storage fees for storing baggage with us;
(b) parcel collection fees for utilising our parcel collection service;
(c) key exchange fees for using our key management service; and
(d) additional fees for Services we provide to you that are not covered by any other fee,
each of which shall be displayed at a CheckGo Location or on our website.
3.2 Payment methods
We will make payment methods available to you that may differ between Services. Payment methods include cash payment, credit card payment from a pre-authorised account, direct debit (which will require you to complete and submit a Direct Debit Request Form), EFTPOS or credit card swipe or other authorisation, online credit card or other payment platforms. Payment methods using third parties may carry additional terms which you and we must comply with.
When you give us your credit card or debit account details, you are authorising us to charge your credit card or debit account with the amount of the applicable fees, and you may not withdraw your authorisation until all fees have been paid.
3.4 Periodic fees
Where a monthly or other periodic fee applies to your Service:
(a) we may require you to pay a separate initial fee before you can start using the Service;
(b) we will provide an invoice for each period;
(c) the periodic fee is payable in advance in the manner provided for by the payment method, and if no time is provided, within 14 days of receipt of an invoice;
(d) we may review the periodic fee at any time and notify you of a different fee to take effect on 10 days’ notice. Use of a Service by you after that period constitutes acceptance of the varied fee.
3.5 Our costs
Any costs incurred by us in connection with a breach of this Agreement by the Customer, including legal costs, debt collection agency costs, commissions and GST, must be paid by the Customer within 7 days of written notice from us.
3.6 Spend limits
If the Customer is an individual, a limit of $1,000 (excluding GST) in fees accrued applies in any one month period. If the $1,000 limit is reached, the Services to the customer will be suspended until we receive payment for the fees accrued.
The amounts we charge you and that you must pay us will include applicable amounts in respect of Goods and Services Tax and other applicable taxes, charges and fees, however described, that we are required to charge you, or that we incur in respect of a Service we provide to you, and are not prevented from recovering from you. Any stamp duty assessed in respect of this Agreement is payable by you.
4. Special terms for luggage storage
You must provide us with a valid form of photo identification (either a current Australian driver’s licence or a current passport) at the time of depositing your items of luggage for storage. If you are not able to provide such identification, we will not provide any Services to you.
4.2 Prohibited items
We may in our absolute discretion refuse to store items for any reason. We will not store any items that are prohibited by law, considered hazardous under Work Health and Safety legislation or that may be harmful to humans, the environment or to other stored items of luggage. Such items shall include but are not limited to the following:
- plant and animal material, including live or dead animals;
- weapons and firearms;
- illegal drugs;
- waste; and
4.3 Inspections of luggage
All items of luggage stored with us will be subject to security checks, physical inspection and/or explosive trace detection screening by CheckGo staff.
4.4 Loss and damage
We will take reasonable steps to ensure the security of any items stored with us in accordance with these Terms and to prevent such items from loss or damage. However, you agree that all items stored with us are done so at your own risk and that CheckGo is not liable for any loss or damage suffered by you in connection with these Terms.
5. Risks and Liability
5.1 Physical risks
We will use due care and skill in providing you with the Services, and we endeavour to provide them in a safe and controlled environment. However, using a CheckGo Location raises inherent risks you should be aware of. These include risk of: damage being caused to property; hazards created by weather and environmental conditions; the condition of the property and structures in which the CheckGo Location is located; theft or malicious damage; malfunctioning equipment such as lighting and payment systems, and damage being caused in the course of conducting our operations.
5.2 Online risks
We will use due care and skill in providing you with online booking services, website services and functionality, payment and technological support services. However, using technology raises inherent risks you should be aware of. These include risk of loss of service, outages, delays, loss of data, malicious or careless breaches of data security, and infection of your equipment by viruses or malware.
5.3 No guarantees
We do not guarantee:
(a) that the Services, or the technological and physical facilities that we use to provide the Services, will be available at all times;
(b) that your use of a Services will be uninterrupted or error free;
(c) that all Services or any particular Service will be available at a particular CheckGo Location; or
(d) that in using the Services you will not incur any damage to your person or property.
5.4 Consumer protection
The Australian Consumer Law (ACL) provides consumers with statutory rights that cannot be excluded. Other than as provided in the ACL, you use the Services at your own risk and we are not liable for damage caused to you or your property. We limit our liability to resupplying the relevant Service to you or repaying the cost of the Service, at our election, to the extent the ACL allows.
5.5 Your obligations
When using a Service, you and each User are required to take reasonable care to avoid damage to yourself, other Users, other persons, and CheckGo and third party property. You are liable for, and indemnify us against, any loss or damage or claim suffered by us in connection with any breach by you or a User of this requirement or this Agreement.
6. General terms applying to Services
6.1 No safe custody
Other than where items are stored with us in accordance with these Terms, we will not be liable in any case for loss of or damage to any item that has been left by you or a User with us or any employee, agent or contractor regardless of how that loss or damage is caused.
6.2 No property rights
This Agreement does not create any tenancy or confer any interest upon you or any User by way of lease, licence, or otherwise in any part of a CheckGo Location. You acknowledge that nothing in this Agreement grants you or any user exclusive possession of any part of the CheckGo Location.
7. Personal information
7.1 When using our Services, you will be asked to provide personal information, including your full name and telephone number. If you do not provide this information, will may not provide any Services to you.
7.2 By becoming a registered user, you agree to receive emails, SMS messages and marketing materials from us and our business partners.
If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution by emailing firstname.lastname@example.org.
The use of a Service is governed by the laws of the Australian jurisdiction where the relevant CheckGo Location is located, and any dispute will be determined by the courts of that jurisdiction. If a dispute arises covering more than one jurisdiction, the dispute is governed by the laws of New South Wales and will be determined by its courts.
We can change these Terms at any time by posting the updated version to our Website. The updated Terms will apply to a monthly Service or other continuing contract, but not to any online booking made before the update.
8.4 No waiver
If we do not exercise or enforce any right available us under these Terms, it does not constitute a waiver of those rights.
If any provision of these Terms becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision will be severed from the remaining provisions, which will continue in full force and effect.
If you provide us with contact details in the course of purchasing a Service, we will send notices to you using those details. You can send notices to us by emailing email@example.com.