“Agreement” means the Application Form and these Terms and Conditions and any rules displayed at the Company Prem- ises from time to time shall be subject to any variations or amendments during the term of the Agreement.
“Company” means Asset Fortune Pty Ltd as Trustee for Kuber Trust trading as Kuber Vaults.
“Company Premises” means the premises at which the Licensee’s Vault is located which are currently situated at 27/9 Hoyle Avenue Castle Hill NSW 2154.
“GST” means GST as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended (“GST Act”) or any replacement or other relevant legislation and regulations.
“Licensor” means the company, Asset Fortune Pty Ltd as Trustee for Kuber Trust trading as Kuber Vaults.
“Licence” means the licence granted by the Company to the Licensee in this agreement.
“Licence Fees” means the fees determined by the Company and notified to the Licensee from time to time.
“Licensee” means the person listed as the Licensee in the Application Form or any person nominated by the Licensee in accordance with this Agreement or otherwise approved by the Company.
“Property” means the property of the Licensee stored in the Vault.
“Rules” means this Agreement and any other rules determined by the Company relating to the use of the Vault and or the Vault Facility as determined by the Company in its absolute discretion at any time.
“Vault” means the Licensee’s safe deposit box or bullion safe allocated for the exclusive use to a Licensee.
In consideration of the payment of the Licensee to the Company of the Fee and the compliance by the Licensee and its Specified Persons with this Agreement, the Company agrees to allocate the Box to the Licensee for the Licensee’s exclusive use during the Term
All terms in this Agreement are severable and the Licensee acknowledges the obligation to pay Licence Fees applicable at the date of this Agreement and any amendments thereafter which shall include any government taxes, charges or costs that may be levied on the Vault or use thereof from time to time.
The Licensee must not assign, sublet or charge its rights under this License Agreement.
The Licensee will not be permitted to access the Vault except in the presence of the Company’s appointed staff. The Licensee will not be permitted to access the Vault if the Licensee is in arrears of payments due to the Company or has breached this Licence in any way.
Except as provided in these terms and conditions the Licensee agrees that no person other than the Licensee as defined above shall access the Vault. The Licensee may nominate a person to have access to the Vault either solely or jointly with any other person provided that such nominee is firstly approved by the Company and otherwise meets the Company’s requirements. The Licensee acknowledges that any such nominated person shall have control over the Vault and its contents to the same extent as the Licensee.
The Company may regulate access to the Vault as it deems reasonable. This may include refusing access to any or all Licensees or Approved Persons as the Company sees fit. If at any time there is more than one Licensee and the Company is requested by one (or more, but not all) Licensee to change or restrict access without the approval of all Licensees, then the Company may refuse access to all Licensees and all Approved Persons until such time as all the Licensees provide joint instructions to the Company. This does not limit the operation of clause 9 or any other rights of the Company. Except in the circumstances outlined above access to the Vault is available to Licensees during the times posted at the Company’s Premises and may be altered from time to time.
The Company may comply with a requirement for access to the Vault arising from an order of a court or other judicial or administrative body, statutory notice or demand, or request made by any police officer, taxation officer or other officer of or representing Australia or a State or Territory. The Company may permit the removal of any or all of the Property held in the Vault without notice to you and the Company shall not be liable for any damage to, or removal of Property, nor any consequential action taken by or against the Licensee following access. The Licensee must indemnify the Company in respect of any action taken by the Company pursuant to this clause.
In addition to the above, if the Company receives any demand for access that the Company deems to be reasonable or lawful, and the Company is unable to contact the Licensee, the Company may allow in its reasonable discretion.
In the event the Company has been furnished with reasonable proof that the Licensee has become insolvent, in- capacitated or has died and the property of the Licensee has become vested in a trustee or some public or statutory official (“the Trustee”) the Company may allow that Trustee access to the Vault to remove the contents thereof with- out being responsible for loss to the Licensee. The receipt of the Trustee shall be a full and complete discharge to the Company for all contents of the Vault. In the event of liquidation or winding up of the Licensor, this Licence shall at the discretion of the Licensee be terminated and the Licensee shall have all rights available to it upon termination.
You may use the Vault to store Property, which you are legally entitled to store and which is accessible only by you and your Approved Persons.
You may not store:
You warrant and agree that your Property stored in the Vault complies with this clause 4.
It we become aware that Property stored in the Vault is of a kind that contravenes this clause 4, we may remove it and deal with it as we consider appropriate in the circumstances. This may include destroying the Property or handing it to an appropriate authority. We will not be liable to you for any loss you incur as a result of taking such action, and you indemnify us in that regard.
The Licensee accepts and bears all risk for storage in and the contents of the Vault. It is the responsibility of the Licensee to ensure that the contents are adequately insured. The Company will exercise ordinary care and diligence in safeguarding the Vault and the contents thereof but shall not be liable for any loss or damage or destruction to the Vault or the contents thereof howsoever caused, including but not limited to burglary, theft, fire, explosion, water, natural disaster, electricity failure, interruption to or failure of services, civil unrest or military action, or any other reason whatsoever including acts or omissions, deliberate or negligent on the part of the Company or persons under its control or third parties.
All Licence Fees as notified from time to time are payable in advance. If a Licence is cancelled or surrendered by the Licensee prior to the expiration of the Licence end date, the Company is not obligated to refund or reimburse any unused Licence Fees to the Licensee. It is at the Company’s discretion to refund any Licence Fees on a case by case basis. Without limiting the generality of the above, in the event of a cancellation by the Licensee prior to the expiry date of the Licence, the Company has the discretion to charge a fee equivalent to the Licence Fees applicable for a period of three (3) months for the Vault.
The Company and the Licensee may terminate this Licence by giving twenty-one (21) days written notice to the other party. Notice to the Licensee’s address appearing in the records of the Company shall constitute the proper address for service of such notice. Upon termination the Licensee must remove the contents of the Vault, relinquish to the Company the keys or codes to the Vault and pay all outstanding Licence Fees and any other moneys owing to the Company. In the event that the Licensee upon termination of the Licence fails to give up possession of the keys or codes to the Vault, the Company shall be empowered after three months from the date of the termination to open the Vault and to remove the contents there from and to hold such contents until the Licensee has paid all outstanding moneys and the expenses incurred in opening the Vault, changing its lock and keys/code and for holding the contents after removal from the Vault.
The Company reserves the right to dispose of the contents of the Vault opened pursuant to the immediately preceding paragraph by posting or delivering the contents to the last known place of address of the Licensee or alter- natively placing the contents in any other place for safekeeping by the Licensee. The Company shall be under no liability for the safety of the contents from the time of opening of the Vault. The Company may in its discretion and without any further notice to the Licensee sell or dispose of the contents and apply the proceeds of sale firstly towards payment of any outstanding licence fees and other expenses and secondly refund any balance to the Licensee.
The Company shall provide to the Licensee all necessary keys, locks, access codes or swipe cards as are required for the Licensee to access the Vault.
In the event of the Licensee damaging the key or lock or access control device or swipe and any replacement or repair is required, the Licensee shall pay to the Company the applicable fee determined by the Company.
The company has insurance in place for its liability under this Agreement (Liability Policy) for all claims and dam- ages, including any costs and expenses in connection therewith which are, during the period of cover, sustained or discovered to have been sustained by reason of damage, destruction, theft, disappearance or physical loss by any cause of gold, silver, diamonds, precious metals, jewellery, specie, cash, securities, bonds, certificates, bills of exchange or any other property or articles or intrinsic value for a period of 12 months, at which time it is renewed.
The Company is not an insurance provider and does not hold an Australian Financial Services (AFS) Licence. The Company has a Liability Policy which covers the contents of all Vaults. Although you have contractual rights under this Agreement against Kuber Vaults for any potential loss and damage, you are not a listed party to Kuber Vault’s own Liability Policy between Kuber Vaults and its insurer. The Company can request that its insurance broker issues a No- tification of Insurable Interest in your name. You should consider obtaining your own financial product advice about the Liability Policy from a person who is able to give such advice under an AFS licence.
The Company will provide you with a copy of the terms and conditions of the Company Policy on your request, without charge, within a reasonable time frame after the request.
There is no charge for a Notification of Insurable Interest where you nominate the Property has a value of $10,000 or less. The Company does charge an administration fee in relation to costs reasonably incurred for Notifications of Insurable Interest where you nominate the Property has a value greater than $10,000.
The Company does not receive payments (e.g. as sponsorship or in the form of rebates) from the issuer of the Liability Policy or any AFS licensee or their associates to arrange for the issue of a risk management product or for a person to be covered by an existing risk paid to the person covered by the Liability Policy from those rebates or, if the amounts cannot be ascertained, general information about how the amounts will be determined.
The Company will provide a facility to you so that you may check, without charge, that the Liability Policy has been issued to the Company and remains current.
The Company will take reasonable steps to promptly bring to your attention, if:
unless the issuer of the Liability Policy has an obligation to do so under the terms of the Liability Policy. The Company does not have to give you the notification if it reasonably believes that substantially similar cover applies, or will apply, for the relevant period under another risk management product.
The Company undertakes to you that in consideration of you paying the Fee and otherwise complying with the terms of this Agreement, the Company will take reasonable steps to provide information about the status of the Liability Policy. The Company will be liable for any loss or damages suffered by you by reason of the Company’s failure to provide you with that information in accordance with its undertaking.
The Anti-Money Laundering and Counter-Terrorism Financing Act (2006) (AML/CTF Act) was introduced to reduce the risk of money laundering or terrorism financing. As a result of the AML/CTF Act, The Company along with other organisations (including financial organisations), must verify the identity of Licensee’s to this Agreement and in certain circumstances, the beneficial owners of companies, trusts, partnerships, incorporated associations and registered co-operatives of the Licensee.
A beneficial owner is defined as the natural person who ultimately owns or controls a Licensee and/or the natural person on whose behalf the Licensee has entered into the Agreement. It includes those persons who exercise effective control over a legal person or arrangement. It includes a person who directly or indirectly owns 25% or more of an entity or who controls another person. If there is a chain of ownership, the relevant beneficial owner is the person who ultimately owns or controls the Licensee.
All Licensees are required to complete the current Application Form, which includes our AML/CTF Act Identification Requirements. These requirements are in place to:
In relation to our activities we undertake to comply with the AML/CTF Act, we also have obligations under the Privacy Act 2008, including the requirement to comply with the Australian Privacy Principles.
Pursuant to the Australian Privacy Principles, you hereby authorise the Company to collect personal informa- tion provided to the Company by you (including your full name, address, date of birth, email address, contact details and copies of personal ID documents such as your Driver’s Licence, Passport, Medicare Card, Bank Statements, Rates Notices or any other documents that prove your identity). The Company may provide this personal information to its related companies so that we may administer our relationship with you; provide you with products and services you request, provide you with information about the Company’s products and services as well as products and services of related companies. To complete your Kuber Vaults Identification Requirements, you hereby authorise the Company to use personal information provided by you to request information from credit agencies, financial institutions and government agencies as necessary to verify your identity.
When you get a licence for a safe deposit box at Kuber Vaults, you can rest assured that your valuable are safe and secure, and yet within your easy reach.
Kuber Vaults provides you access to your valuables 7 days a week. We also offer you after-hours access to your Safe deposit box. Conditions and charges apply.
The premises of Kuber Vaults has 24-hour CCTV for constant surveillance of the facility and to ensure complete safety of your valuables.
A safe deposit box is a safe and convenient place to store important items that would be difficult or impossible to replace. The safe deposit box also offers privacy and security. While many people like to keep valuables close by in a closet at home or in an office, these places probably are not as resistant to fire, water and theft.
Kuber Vaults offers a premium service, with free access to your safe deposit box 7 days a week. Unlike other providers, we are located in the Hills area and ideal for customers living in western Sydney.
Kuber Vaults has a Liability Policy. As part of your Licence privileges, the fee includes an insurable interest to the value of $10,000. Insurance in excess of this is simple and can be arranged by talking to our friendly staff
Government legislation prohibits firearms, liquids and illegal drugs to be stored in safety deposit boxes.