TERMS AND CONDITIONS

    STORAGE:

  1. The Provider:
    1. Provides the use of the Unit to the User; and
    2. Does not have and will not be deemed to have knowledge of the Goods.
  2. Subject to the terms of this Agreement including all Annexes as updated from time to time the User:
    1. May store Goods inside the Unit allocated to the User by the Provider, and only inside that Unit for the Contract Term;
    2. May utilise any additional equipment supplied by the Provider, pay the relevant fees for such equipment, and be responsible for returning such equipment in good state to the Provider upon the end of the Contract Term;
    3. Is deemed to have knowledge of the Goods in the Unit;
    4. Warrants that he/she/it is the owner of the Goods in the Unit and has an absolute title to the Goods in the Unit, and/or is entitled at law to deal with them in accordance with all aspects of this Agreement;
    5. May only store goods that are safe to be stored in the Unit that will not cause any fire, intoxication, pest or any other danger to the Provider, its employees, agents, customers, landlords or to any other third party; and
    6. Warrants that he/she/it has read Annex 1 to this Agreement carefully and will not store in the Unit any item listed in Annex
  3. FEE AND COST:

  4. The User is responsible for payment of:
    1. Deposit;
    2. Monthly Fee for the duration of the Contract Term as revised from time to time by the Provider by 10 days’ prior written notice to the User. The Monthly Fee is payable in advance and it is the User's responsibility to ensure that payment is made directly to the Provider on time, and in full, throughout the Contract Term including any extensions;
    3. Other Fees, being any other fees connected with the use or purchase of any other service, equipment or materials as agreed between the User and the Provider from time to time;
    4. Cleaning Fee;
    5. A Late Payment Fee of HK$100 if payment is overdue for 14 days, and an additional of 2.5% monthly interest on the outstanding sum if payment is overdue for more than 30 days;
    6. Returned Cheque Fee: HK$500 plus bank fee is payable for any cheque returned by the bank; and
    7. Administrative Fee: any costs incurred by the Provider in collecting late or unpaid Monthly Fees, Other Fees or any other charge, or in enforcing this Agreement in any way, including but not limited to; postal, telephone, debt collection, auction fees, labour costs, legal fees and expenses.

    The Provider will issue an invoice for the User’s payment of the above fees where appropriate and the User shall be responsible for making such payments in accordance with the payment instructions on the said invoice. Any payment by direct deposit/bank transfer will not be credited to User’s account unless the User identifies the deposit with a payment advice from the bank or other payment application bearing the User’s name and Unit ID as directed by the Provider.

  5. The User will be fully responsible for payment of any government taxes or charges whatsoever related to this Agreement.
  6. ACCESS AND CONDITIONS:

  7. The User:
    1. has the right to access the Unit in accordance with the Access Policy as posted by the Provider on www.spacebox.com.hk/ and as updated there from time to time with 15 days’ prior written notice to the User, and subject to the terms of this Agreement. The current version of Access Policy is provided in Annex 2 of this Agreement for the User’s reference;
    2. will be solely responsible for securing the Unit. The User is not permitted to apply a padlock to his/her/its Unit in the Provider’s overlocking position, and the Provider is entitled to have any such padlock forcefully cut off at the User’s liability and expense. If the User fails to secure the Unit, the Provider will secure the same on behalf of the User and any costs incurred shall be paid by the User;
    3. must not store any Goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or may pose a risk to any person or other property;
    4. must not store items which are irreplaceable, such as currency, documents, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value;
    5. will use the Unit solely for the purpose of storage and shall not carry on any business or other activity in the Unit;
    6. must not attach nails, screws etc. to any part of the Unit and must maintain the Unit by ensuring it is clean and in a state of good repair and must not damage or alter the Unit whatsoever. The Provider will not provide consent to any alteration to the Unit whatsoever. In the event of uncleanliness or damage or alteration to the Unit or Access Area the Provider will be entitled to charge a Cleaning Fee, ;
    7. cannot sub-license the Unit or assign this Agreement to any third party;
    8. must give Notice to the Provider in writing of the change of address, phone numbers or email address of the User or the Alternate Contact Person immediately of any change; and
    9. authorises the Provider to discuss any default by the User with the Alternate Contact Person.
  8. The Provider may refuse access to any person, to the Unit and/or the Access Area in the event that there is any emergency or outstanding payment owed by the User to the Provider, regardless of whether or not a formal notice or demand for payment has been made.
  9. The Provider will not be liable for any loss or damage suffered by the User resulting from an inability to access the Unit, regardless of the cause.
  10. The Provider reserves the right to relocate the User to another Unit under certain circumstances at the sole discretion of the Provider. If there is such relocation, the User will have 7 days to secure the newly allocated Unit to him/her/it. After the 7 days’ period, the Provider will secure the newly allocated Unit on behalf of the User and any costs incurred shall be paid by the User.
  11. The User:
    1. agrees that the terms of this Agreement constitute the whole contract with the Provider and that, in entering into this Agreement, the User relies upon no representations from the Provider, oral or otherwise, other than those contained in this Agreement;
    2. acknowledges that he/she/it has raised all queries relevant to his/her/its decision to enter this Agreement with the Provider, and that the Provider has, prior to the User entering into this Agreement, answered all such queries to the full satisfaction of the User. The User acknowledges that any matters resulting from such queries have, to the extent required by the User and agreed to by the Provider, been reduced to writing and incorporated into the terms of this Agreement. No failure or delay by the Provider to exercise its rights under this Agreement will operate as a waiver to those rights; and
    3. Acknowledges that the Unit may be stored at Premises different from those at which the Access Area may be nominated. The Premises at which the Unit may be stored are the exclusive decision of the Provider.
  12. RISK AND RESPONSIBILITY:

  13. The User uses the Unit and any services provided by the Provider at his/her/its the sole risk and responsibility. The User shall be responsible for any and all theft, damage to, and deterioration of the Goods inside the Unit, and shall bear the risk of any and all damage caused by flood or fire or leakage or overflow of water, mildew, heat, spillage of material from any other Unit, removal or delivery of the Goods, pest or vermin, any Force Majeure event or any other reason whatsoever. The User acknowledges and agrees that the Provider is not in any way obliged to, and will not, take out any insurance in respect of the Goods in the Unit against any risk. The User agrees that he/she/it is solely responsible for taking out own insurance in respect of the Goods for such amounts and against such risks as the User may consider appropriate.
  14. Unless due to the gross negligence, willful default, fraud or dishonesty on the part of the Provider or its employees or authorised agents acting in the course of his/her employment or appointment, the parties agree that the Provider shall not be liable for any loss and damage suffered by the User arising out of and in connection to this Agreement. In the event that the Provider should be liable for any loss and damage suffered by the User, the parties agree that the Provider shall only be liable for the direct and reasonably foreseeable loss and damage in connection to the use of the Unit to the aggregate extent of HK$5,000.00, and the Provider shall not be liable for any economic loss such as loss of profits and loss of goodwill, psychological loss, and loss of enjoyment.
  15. The User agrees to indemnify the Provider from all claims for any loss of or damage to the property of, or personal injury to or death arising from the use of the Unit by the User, his/her/its agents or invitees, to the maximum extent permitted by law, including but not limited to the storage and access of Goods in the Unit or the Access Area.
  16. The User acknowledges and agrees to comply with all relevant laws, including Ordinances, Regulations, By-laws, and Orders, as are or may be applicable to the use of the Unit. This includes laws relating to the material which is stored, and the manner in which it is stored. The liability for any and all breach of such laws rests absolutely with the User, and includes any and all costs resulting from such a breach.
  17. If the Provider has reason to believe that the User is not complying with all relevant laws, the Provider may take any action the Provider in its sole discretion believes to be necessary, including contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately removing or disposing of the Goods at the User’s expense and without any compensation to the User. The User agrees that the Provider may take such action at any time even though the Provider could have acted earlier.
  18. The User acknowledges that the Units are mobile and will be moved by the Provider and that the Provider cannot provide any warranty to the safety of the items stored inside the Unit while the Unit is being moved. The User acknowledges that it is his/her/its responsibility to ensure all items stored inside the Unit are appropriately packed, protected and stored such as to minimise the possibility of damage during movement. Where any damage happens as a result of the moving of the Unit by the Provider, irrespective of whether the goods are well wrapped, protected and stored or not, the Provider shall not be liable for any damage whatsoever.
  19. INSPECTION AND ENTRY BY THE PROVIDER:

  20. Subject to Clause 17, the User consents to inspection and entry of the Unit by the Provider provided that the Provider gives 7 days’ written notice in advance. The Provider may also access the Unit by giving 7 days’ written notice in advance to the User to carry out repairs and alteration to the Unit, the Access Area or the Premises where the Unit situates.
  21. The User agrees that in the event of an emergency, or where obliged to do so by law or in the event that property, the environment, or human life is, in the opinion of the Provider, in danger, the Provider may enter the Unit using all necessary force without prior notice to the User and without being liable for any damages to the User. In such event the Provider shall notify the User as soon as practicable thereafter.
  22. NOTICE:

  23. Notices will be given by email or SMS or other electronic messaging, or if the Provider shall at its sole option think necessary, will be left at, or posted to, the address of the User. Notice is deemed to have been given to the User by the Provider if the Provider serves that Notice on the Alternate Contact Person. In the event that there is more than one User, Notice to or by any single User is agreed to be sufficient for the purposes of any Notice required under this Agreement. In relation to the giving of Notices by the User to the Provider, Notices must be in writing and actually be received by the Provider to be valid.
  24. TERMINATION:

  25. The “Termination Date” of this Agreement means the last date of the Contract Term (be that the Initial Contract Period or as renewed), the date the User shall die, become bankrupt, or being wound up, or when terminated earlier by Notice by either party in accordance with the provisions of this Agreement, not due to any default of the User:
    1. The User may, after the Initial Contract Period, terminate this Agreement by giving the Provider 15 days’ written notice in advance; and
    2. The Provider may at any time during the Contract Term, terminate this Agreement by giving the User 15 days’ written notice in advance.
  26. In the event of termination of this Agreement pursuant to the Clause 19, the Provider shall refund (i) the Deposit and (ii) any prepaid Monthly Fees or Other Fees for the period after the Termination Date ((ii) only applicable where termination is by Clause 19(b)) to the User to the User after deduction of any necessary fees, charges, expenses or payments within 30 days after the Termination Date. The Provider may, at its sole discretion, charge the Monthly Fees if less than the requisite Notice is given by the User. The User must remove all Goods in the Unit before the close of business on the Termination Date, and leave the Unit in a clean condition and in a good state of repair to the satisfaction of the Provider. In the event that Goods are left in the Unit after the Termination Date, Clause 23 will apply.
  27. In the event of breach of this Agreement by the User (whether due to default in payment or carrying out of any illegal or environmentally harmful activities), the Provider may terminate this Agreement by giving written notice to the User to terminate this Agreement immediately and Clause 23 will apply. The Provider has the right to claim for any outstanding payments or loss and damage suffered by the Provider as a result of the User’s breach of this Agreement. Any prepaid Monthly Fees or Other Fees will not be refunded to the User for termination due to default of the User.
  28. The Parties’ liability for outstanding payment, property damage, personal injury, environmental damage, and other loss and damage under this Agreement shall survive the termination of this Agreement.
  29. RIGHT TO DISPOSE OF GOODS:

  30. Notwithstanding any other terms of this Agreement, the User agrees that in the event that:
    1. a User fails to remove all Goods from his/her/its Unit 15 days after the Termination Date; or
    2. 30 days after the Provider serves a written notice of termination pursuant to Clause 21,

    the Provider may, without further notice, enter the Unit, by force or otherwise, sell or dispose of any Goods in the Unit on such terms that the Provider may in its sole discretion determine. In such event, the User hereby waives any claim on the loss of the Goods. The User consents to and authorises the sale or disposal of all Goods regardless of their nature or value. The User will be fully responsible for payment of (i) all costs associated with the Provider accessing the Unit and the disposal or sale of the User’s Goods, and (ii) the Monthly Fees from the date this Agreement is terminated (whether by Clause 19 or 21) until the moment the Unit is finally vacated. The Deposit and the sale proceeds from sale of the Goods will be applied to set-off any outstanding Fees or payments owed by the User to the Provider. The Provider will only return the balance of the Deposit and sale proceeds after setting off any outstanding Fees or payments. If, in the opinion of the Provider and at the sole discretion of the Provider, the User’s Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, the Provider may dispose of all Goods in the Unit by any means at the expense and sole liability of the User.

  31. The User hereby authorises the Provider to dispose of the User’s Goods in the event that Goods are damaged due to fire, flood or other event that has rendered the Goods, in the sole opinion of the Provider, severely damaged, or dangerous to the Premises where the Unit situates, to the Provider, any persons, or other Users and/or his/her/its Goods. The Provider is not required to notify the User of any such action in advance, but will send a written notice to the User informing the User of such action as soon as practicable. The Provider shall not be liable to the User for any damages for the actions described in this Clause.
  32. Any items left unattended in areas outside the Unit at any time may, at the Provider’s sole discretion be sold, disposed of, or moved immediately at the sole expense and liability of the User.
  33. SEVERANCE:

  34. All provisions in this Agreement are severable and no provision herein shall be affected by the invalidity of any other such provision.
  35. JURISDICTION:

  36. This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administration Region (“Hong Kong”), and the parties agree to submit any disputes arising from this Agreement to the exclusive jurisdiction of the Courts of Hong Kong.
  37. VERSIONS

  38. This Agreement is prepared in both English and Chinese. In case of conflict in the interpretation of this Agreement between the English and Chinese versions, the English version shall prevail.
  39. CONTRACTS (RIGHTS OF THIRD PARTIES) ORDINANCE

  40. Except for the User and the Provider, a person that is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Ordinance, Cap. 623 to enforce or enjoy the benefit of any provisions of this Agreement.
  41. AMENDMENT

  42. Unless otherwise provided in this Agreement, this Agreement may only be supplemented, modified or amended in writing and signed by both Parties.

ANNEX 1 - PROHIBITED ITEMS

As per Clause 2 of the Terms and Conditions of the Licence Agreement, the User agrees to the following:

  1. Goods stored in the Unit must not include dangerous, prohibited, illegal, stolen or perishable items. Other prohibited Goods include but are not limited to:
    1. Adhesives
    2. Antifreeze
    3. Beverages containing 70% or more alcohol by volume, etc
    4. Body washes containing alcohol
    5. Camping gas, glazing torches and other harmful gases
    6. Carpet cleaners
    7. Certain cleaners containing pine oil
    8. Cooking oil
    9. Dry-cleaning spotters and solvents for home uses
    10. Engine additives
    11. Flammable gases (e.g. butane gas)
    12. Flammable liquids (e.g. gasoline, lighter fluid and diesel)
    13. Flammable solids (e.g. non-safety matches, disposable BBQ and coal)
    14. Flour
    15. Hair mousse
    16. Hair sprays and other hair products containing alcohol
    17. Hand sanitizers containing ethyl alcohol
    18. Lighter fluid
    19. Lighters
    20. Liquid correction fluids
    21. Matches, charcoal, phosphorus and articles which are easily ignited
    22. Oil-based paint
    23. Paint thinners and primers
    24. Paints, thinner and liquid adhesives
    25. Perfume
    26. Powder (Powdered milk)
    27. Some pesticides
    28. Spray (Hair spray, Sunscreen spray)
    29. Spray lubricants
    30. Varnish
  2. List of prohibited items include but not limited to:
    1. Chemicals, drugs hazardous or toxic materials of any kind
    2. Food or perishable goods of any kind
    3. Flammables, firearms, weapons or explosives of any kind
    4. Items which emit any kind of odor or fumes
    5. Plants or creatures (whether living or dead)
    6. Liquids or compressed gases
    7. Illegal drugs, counterfeit good, stolen property or illegal items of any kind
    8. Personal property that would result in the violation of any law or regulation of any governmental authority
    9. Any items that, in the Provider’s determination, danger the safety and health of people of in the Provider’s facility and the environment
  3. In addition, the Provider strongly advises that the User should not store any official personal documents (such as passports, drivers licenses, ID cards, etc.) or anything that contains personally identifiable information, such as date of birth or bank account number. This is not an exclusive list of personally identifiable information. Do not put anything into the Unit that contains information that can be used to steal someone’s identity or a document that the User may urgently need at a moment’s notice. By executing the Licence Agreement, the User understands and agrees that if the User proceeded to store official documents or items containing personally identifiable information, the User waives all rights and claims against the Provider arising in any way from storing these items.

ANNEX 2 - ACCESS POLICY

As per Clause 5(a) of the Terms and Conditions of the Licence Agreement the User agrees to the following:

  1. Prior to access to the Unit, reservation is required for arrangement. Access to the Unit is provided by the Provider on a best effort basis and no express or implied warranty is provided on the time required to make the Unit accessible, nor is any express or implied warranty provided to the dates during which the Unit may be available for access. All procedures and timeframes listed below are on a best effort basis and are not guaranteed and are subject to change.
  2. Access Area: The Access Area for each of the Unit will be designated by the Provider and may be changed from time to time. The Provider will notify the User of any change to the Address of the Access Area from time to time.
  3. Access time: For each successful reservation the User make to access the Unit some time constraints will apply. The Provider will notify the User of the start and end time for the period during which the Unit will be available for access at the Access Area.
  4. Reservation procedure:
    1. In this Clause:
    2. "Opening Hours" means: 24 hours, 7 days a week
      “Office Hours” means: 9:30am – 7:00pm;
      “Working Day” means Monday to Saturday which is not a public holiday;
      and “Non-Working Day” means Sunday or other public holiday.

    3. Typical reservation procedures are as follows:
      1. The User may access the Unit during the Office Hours by giving prior 1.5 hours’ order notice to the Provider during Office Hours;
      2. For instance:
      3. Earliest access on 9:30am / Access before Office Hours on Working Day / Access on Non-Working Day: Reserve before 5:30pm on previous Working Day. Last access on 7:00pm on Working Day / Access after Office Hours on Working Day: Reserve before 5:30pm on same Working Day.

  5. Reservation is based on first come first serve basis. Access slots may be limited, the Provider does not guarantee that an Access Slot will be available on the User’s preferred date. Once a reservation is confirmed by the Provider, the Unit will be ready at the Access Area during the Access Slot.
  6. Access restrictions: If the User does not pay all the User’s fees and charges timely the Provider will stop the User from making further reservations and accessing the Unit until any outstanding amount has been settled.
  7. Access permission: Only the User and persons authorised in writing by the User or persons accompanied at all times by the User will be allowed to access the Unit. Any such persons are Agents of the User and the User is responsible to the Provider and other third parties for any damage incurred as a result of other persons having access to the User’s Unit. The User may withdraw his/her/its authorization granted to anyone at any time, but such withdrawal will not be actually effective until the Provider received it in writing.
  8. Shared access: The User may share the details required for the Provider to access the Unit.
  9. The Provider may modify these terms listed in Annex 2 at its sole discretion at any time with 15 days’ written prior notice given to the User.
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