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Terms & Conditions

Terms & Conditions

Imperial Vaults

Check out the details of our Terms & Conditions below.

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On This Page

1. Acceptance, Term and Hire Period

2. Our obligations

3. Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT)

4. Cooling off Period

5. Your obligations

6. Access to the Vault

7. Payment

8. Key Bond

9. Warranties and Representations

10. Confidential Information

11. Consumer Law

12. Limitation on Liability

13. Indemnity

14. Termination

15. Insurance and Risk

16. Death of Hirer

17. General

18. Definitions

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TERMS AND CONDITIONS

This Agreement is entered into between us and you (as described in the Schedule), together the Parties and each a Party.

1. Acceptance, Term and Hire Period

1.1 You accept this Agreement by the earlier of:

  1. signing and returning this Agreement to us; 
  2. confirming that you accept this Agreement via the platforms or applications through which we provide this Agreement to you, including our website; and

  3. making part or full payment of the Key Bond or the Hire Fee.

1.2 We may, at our absolute discretion, accept or reject any request to provide the Services for whatever reason.

1.3 You agree to hire the Safety Deposit Box for the Hire Period.

1.4 Subject to clause 1.2, this Agreement will commence on the Commencement Date, and end on the date that the Hire Period finishes, unless otherwise terminated earlier in accordance with its terms (the Term).

2. Our obligations

2.1 In consideration of you paying the Hire Fee and you complying with this Agreement, we agree to provide the Services and the Safety Deposit Box to you for the Hire Period, and in accordance with this Agreement.

2.2 We will have no obligation to supply the Services and the Safety Deposit Box to you until we have received the payment of the Key Bond in full (if applicable).

3. Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT)

3.1 We are committed to the highest standards of compliance with our obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act).

3.2 As part of our compliance with the AML/CFT Act, we are required to identify and verify the identity of every user that has access to a Safety Deposit Box, or has effective control over a Safety Deposit Box.

3.3 Before providing any Services to you, we will require your personal information, including:

  1. proof of identity (such as a passport, driver licence or other government-issued photographic identification); and   

  2. proof of address (such as a recent utility bill, bank statement or rates notice).

3.4 We will not be able to provide our Services to you until we have received all information necessary to satisfy our compliance obligations under the AML/CFT Act.

3.5 You warrant and represent that any information provided to us for the purposes of AML/CFT compliance is complete, true and accurate.

3.6 You acknowledge and agree that we may use an electronic verification service, or a credit reference agency to confirm your identity.

3.7 You acknowledge and agree to biometric information being collected and processed in accordance with our Privacy Policy.

3.8 We may suspend or terminate your access to the Vault and our Services if you fail to provide required information, we cannot verify your identity, or we     have reasonable grounds to suspect unlawful use of the Safety Deposit Box.

3.9 We may be required to report suspicious activities to the New Zealand Police or other authorities, and we will not be liable to you for making any such report in good faith.

3.10 You may nominate three additional individuals to access your Safety Deposit Box on your behalf (Nominated User), subject to our prior written approval (not to be unreasonably withheld).

3.11 Before any Nominated User may access the Safety Deposit Box or the Vault, you must:

  1. provide us with written notice of the nomination, including the Nominated User’s full name and contact details.

  2. provide us, in person and by presenting the original documents (not copies or scanned versions), with all information required under clause 3.3, and cooperate fully with our AML/CFT verification processes, including our physical, on-site onboarding process; and

  3. pay any applicable Nominated User registration fee as notified by us.

3.12 There is no charge for the first Nominated User, however, an additional charge of $50 per additional Nominated User will apply for any further Nominated Users.

3.13 Each Nominated User is subject to the same obligations, responsibilities, and restrictions under this Agreement as apply to you. You remain fully liable for all acts and omissions of any Nominated User, and you must procure each Nominated User’s compliance with the terms of this Agreement.

4. Cooling off Period

4.1 You may terminate this Agreement at any time within 10 working days of accepting this Agreement in accordance with clause 1.1 (Cooling-Off Period).

4.2 If you cancel within the Cooling-Off Period, we will refund:    

  1. your Key Bond in full; and

  2. the amount of the Hire Fee you have paid on a pro rata basis for the unused Hire Period, to the bank account from which we received payment, within 7 working days of cancellation.

5. Your obligations

5.1 You agree to:

  1. comply with this Agreement, our reasonable requests or requirements (including safety procedures and policies), and all applicable laws; and

  2. provide all assistance, information, and all things reasonably necessary to enable us to comply with our obligations under this Agreement and at law.

6. Access to the Vault

6.1 Access to your Safety Deposit Box in the Vault is generally available 7 days a week between 10:00am and 6:00pm. Extended access hours on specified nights and public holidays are updated on our website from time to time.

6.2 You may access the Vault and your Safety Deposit Box personally, or through any Nominated User who has been registered and verified in accordance with clause 3. Each Nominated User must present valid identification and complete our security verification procedures before being granted access.

6.3 We may allow access to your Safety Deposit Box outside usual hours by appointment (minimum 2 hours’ notice and Callout Fee required).

6.4 We may restrict or suspend Vault access for:

  1. maintenance, emergency, or security reasons; 

  2. Court orders or Relevant Authority directions;    

  3. non-compliance with AML/CFT requirements;

  4. missing Safety Deposit Box Key or security device failures;

  5. suspected duress or unauthorized accompaniment;

  6. if we deem any individual to be suspicious, which may result in a stand down period of 24-72 hours;

  7. inappropriate behaviour; or

  8. any other reasonable grounds.

6.5 You must not leave the Vault unless you have relodged the Sleeve using your Box Key and locked your Safety Deposit Box.

6.6 You must not remove the Sleeve from the Vault at any time.

6.7 Cameras, recording devices, and photography of any form or method are strictly prohibited in the Vault, unless requested by us. Photography of your Safety Deposit Box contents is only permitted within the private room for personal use.

6.8 For your protection, if you enter the Vault by way of biometric verification (including fingerprint, facial recognition, or palm scan), we reserve the right to restrict access to the Vault of any other person(s) accompanying you.

7. Payment

7.1 In consideration for us providing the Services and supplying the Safety Deposit Box, you agree to pay us the Fees, and any other amount payable to us under this Agreement, in accordance with the Payment Terms.

7.2 When applicable, GST is payable on the Fees and will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges.

7.3 If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion and without prejudice to any of our rights or remedies under this Agreement or at law):

  1. charge a Late Payment Fee of $20.00 per month + interest at 1.5%; 

  2. engage a debt collection agency to recover all amounts owing to us;

  3. immediately suspend your access to the Vault and your Safety Deposit Box until payment is made in full;

  4. Hire Fees will continue to accumulate;

  5. we may terminate this Agreement under clause 14.2; and/ or

  6. if non-payment exceeds 90 days, your Safety Deposit Box may be treated as abandoned and clause  14.8  will apply.

8. Key Bond

8.1 You will not be entitled to any part of the Services, and we will not supply the Safety Deposit Box to you until the Key Bond has been paid in full. 

8.2 We will hold the Key Bond throughout the Hire Period.

8.3 You acknowledge and agree that the Key Bond will be used as a security by us for the performance of any of your obligations, and satisfaction of any of your liabilities, under this Agreement.

8.4 We may, with 5 Business Days’ written notice, call upon the Key Bond to satisfy payment of any amounts due and payable to us by you under this Agreement.

8.5 Subject to your compliance with this Agreement, we will refund you the balance (if any) of the Key Bond within a reasonable time after the expiry of the Hire Period.

9. Warranties and Representations

9.1 You represent, warrant and agree that:

  1. all information and documentation that you provide to us in connection with this Agreement is true, correct and complete;

  2. you (and to the extent applicable, your Personnel) will provide us with all documentation, information, instructions, cooperate and access reasonably necessary to enable us to provide the Services and supply the Safety Deposit Box; and

  3. you will not use the Safety Deposit Box, or allow the Safety Deposit Box to be used, in breach of any laws.

10. Confidential Information

10.1 Subject to clause 10.2, each Party must (and must ensure that its Personnel do) keep confidential, and not use or permit any unauthorised use of, confidential information provided by the other party. 

10.2 Clause 10.1 does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this Agreement and provided that the disclosing party ensures the adviser complies with the terms of clause 10.1.

10.3 This clause 10 will survive the termination of this Agreement.

11. Consumer Law

11.1 Certain legislation, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in this Agreement excludes those Consumer Law Rights.

11.2 If you are a business, you agree and represent that you are acquiring the Services for the purposes of trade. The Parties agree that: 

  1. to the maximum extent permitted by law, the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the New Zealand Fair Trading Act 1986 do not apply to the supply of the Services or the Agreement; and

  2. it is fair and reasonable that the Parties are bound by this Agreement, including this clause.

11.3 This clause 11 will survive the termination or expiry of this Agreement.

13. Indemnity

13.1 To the maximum extent permitted by law, you are liable for and you and agree to indemnify us and hold us harmless in respect of any Liability which we may suffer, incur or are otherwise liable for as a result of, or in connection with: 

  1. any property loss or damage, death or personal injury, arising from or in connection with your use or the Nominated User’s use of the Safety Deposit Box; 

  2. any loss (including theft) of, or damage to, the Safety Deposit Box; and

  3. any breach of this Agreement by you.  

13.2 This clause 13 will survive the termination or expiry of this Agreement.

14. Termination

14.1 You may terminate this Agreement by returning the Safety Deposit Keys to us on or before the last day of the current Hire Period. If the Safety Deposit Keys are not returned by the end of the Hire Period, this Agreement will automatically renew for a further 12-month period (or continue on a monthly basis if applicable) and you will be liable for the Fees for that period. 

14.2 We may terminate this Agreement at any time by giving 30 days’ notice in writing to you.

14.3 This Agreement will terminate immediately upon written notice by a Party (Non-Defaulting Party) if the other Party (Defaulting Party) breaches a material term of this Agreement and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party.

14.4 If you do not provide notice of termination or return the Safety Deposit Keys before the expiry of the Hire Period, this Agreement will automatically renew for a further 12-month period (or continue on the applicable monthly rate) and you will be charged accordingly.

14.5 Upon expiry or termination of this Agreement:

  1. we will immediately cease supplying the Services and the Safety Deposit Box to you;

  2. you agree that any payments made by you to us are not refundable to you;

  3. you are to pay for any Fees due and payable prior to termination, and all other amounts due and payable under this Agreement; and

  4. you are to return the Safety Deposit Keys to us on or before the last day of the Hire Period to avoid being charged for a further 12-month period.

14.6 Termination of this Agreement will not affect any rights or liabilities that a Party has accrued under it.

14.7 Subject to clause 14.8, your Safety Deposit Box is deemed abandoned and will be forfeited to us if:

  1. All Safety Deposit Keys are not returned after the period in clause 14.3;

  2. Fees remain unpaid for 60 days after the due date; or

  3. we cannot contact you within 90 days of the Hire Period ending.

14.8 Before treating your Safety Deposit Box as abandoned, we will send final written notice to your last known address and email as advised to us, giving you 30 days to:

  1. return Safety Deposit Keys and collect your belongings;
  2. pay all outstanding amounts; or
  3. respond with arrangements acceptable to us (in our sole discretion).

14.9 If you do not respond to the final notice in clause 14.5, or fail to return the Safety Deposit Keys, your Safety Deposit Box will be deemed abandoned, you will no longer be able to access the Vault or your Safety Deposit Box and we may drill open the Safety Deposit Box, remove and securely store the contents.

14.10 You are liable for all costs associated with your abandonment of your Safety Deposit Box, including, but not limited to:

  1. Locksmith Drilling Fee: $450.00 to $580.00 including GST;

  2. Any applicable locksmith fees;

  3. Storage: $100.00 per month plus GST;

  4. All accumulated unpaid Hire Fees (capped at 12 months from Hire Period expiry);

  5. A weekly penalty of $50.00 plus GST for each week Safety Deposit Keys remain unreturned after notice periods expire; and

  6. An administration Fee of $150.00 plus GST.

Clause 7.3 will apply to the recovery of any amounts due and unpaid under this clause. 

14.11 This clause 14 will survive the termination or expiry of this Agreement.

15. Insurance and Risk

15.1 We do not accept any liability for your Safety Deposit Box or its contents. All risk relating to the use of our Services is borne entirely by you and any Nominated User.

15.2 You acknowledge and agree that, other than as a result of default by you, for which we are not liable:

  1. we will never be privy to the contents of your Safety Deposit Box and are unable to insure its contents;
  2. we will never have possession, custody, or control of anything kept in your Safety Deposit Box;
  3. we and our security provider are not bailees of any contents of your Safety Deposit Box;
  4. to the fullest extent permitted by law, we are not liable for any claim relating to damage to your Safety Deposit Box or its contents;
  5. we will comply with any order of a New Zealand Court, the Government, or any Relevant Authority, and you must cover all our costs incurred in doing so; and
  6. you are responsible for arranging your own insurance cover for your Safety Deposit Box and its contents.

16. Death of Hirer

16.1 On your death, any Nominated User may continue to access the Safety Deposit Box until we are notified of your death.

16.2 Upon notification of your death, we will transfer the ownership of the Agreement to your first Nominated User to ensure continuity of access, unless:

  1. The first Nominated User declines such transfer; or

  2. The executor or administrator of your estate directs otherwise.

16.3 If the first Nominated User accepts the transfer, they will assume all rights and obligations under this Agreement and must:

  1. provide certified proof of your death;

  2. confirm their acceptance of the transfer in writing; and

  3. pay any outstanding amounts owing under this Agreement.

16.4 If there is no Nominated User, or if the Nominated Use declines the transfer, we shall only grant access to the executor or administrator of your estate, provided we receive:

  1. a certified copy of Probate, Letters of Administration, or your Will;

  2. certified proof of identification and address of the executor or administrator; and

  3. payment of all outstanding amounts owing under this Agreement.

16.5 The executor or administrator may transfer your rights under this Agreement to a third party approved by us, subject to the third party entering into a new agreement with us on our then-current terms and paying an administration fee of $150.00 (plus GST).

16.6 If no person claims access within 6 months of your death (where we have been notified), we may drill open the Safety Deposit Box, remove and store the contents at your estate’s expense, and charge all reasonable costs to your estate.

17. General

17.1 Amendment: This Agreement may only be amended by written instrument executed by the Parties.

17.2 Assignment: Subject to clause 17.3, a Party must not assign or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

17.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with this Agreement, to a debt collector, debt collection agency, or other third party.

17.4 Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity or termination) (Dispute) without first complying with this clause 17.4. A Party claiming that a Dispute has arisen must give written notice to the other Party specifying the nature of the Dispute (Dispute Notice). The Parties must meet (whether in person, by telephone or video conference) within 10 Business Days of service of the Dispute Notice to seek (in good faith) to resolve the Dispute. If the Parties do not resolve the Dispute within 20 Business Days of the date the Dispute Notice was served (or such further period as agreed in writing by the Parties), either Party may refer the matter to mediation, administered by the New Zealand Disputes Resolution Centre, who will decide on the time, place and rules for mediation. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If you fail to respond to a Dispute Notice within 20 Business Days, or fail to attend scheduled mediation, we may:

  1. proceed with remedies under this Agreement including drilling your Safety Deposit Box where applicable and clause 14.10 will apply; and/or

  2. recover all associated costs from you.

17.5 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

  1. as soon as reasonably practical, notifies the other party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and

  2. uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event. 

Where the Force Majeure Event prevents a Party from performing a material obligation under this agreement for a period in excess of 60 days, then the other Party may by notice terminate this Agreement, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under this Agreement. 

17.6 Governing law: This Agreement is governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

17.7 Notices: Any notice given under this Agreement must be in writing addressed to the addresses set out in this Agreement, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

17.8 Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

18. Definitions

In this Agreement, unless the context otherwise requires, capitalised terms have the meanings given to them in the Schedule, and:

Agreement means these terms and conditions and any documents, attached to, or referred to, in it.

Business Days means a day on which banks are open for general banking business in New Zealand, excluding Saturdays, Sundays and public holidays.

Commencement Date means the date this Agreement is accepted in accordance with its terms.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, the Parties agree that your obligation to pay us the Fees under this Agreement will not constitute “Consequential Loss”.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.

Nominated User means an Eligible Person nominated by the Hirer as an authorised user of the Safety Deposit Box. 

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents.

Relevant Authority means any governing body which has jurisdiction including, but not limited to, the Department of Internal Affairs, Serious Fraud Office, New Zealand, Inland Revenue Department, and any other regulatory or law enforcement agency with authority under New Zealand law.

Safety Deposit Key means the key used to access the allocated Safety Deposit Box.

Safety Deposit Box means the safety deposit box you have agreed to hire which is the subject of this Agreement, as particularised in the Schedule.

Services means the services set out in the Schedule, as adjusted in accordance with this Agreement.

Schedule means the schedule to this Agreement.

Sleeve means the metal sleeve which inserts into the Safety Deposit Box.

Vault means the secure room within our premises in which the Safety Deposit Boxes are located.