These terms and conditions govern the use of Spacebox Limited’s Website and our Services by you.
All references to ”Spacebox”, “us”, “our”, “ours” or “we” refers to Spacebox Limited, whose registered office is Spacebox Limited at Unit 803, Opulent Building, 396-416 Hennessey Road, Hong Kong or any third party acting directly on our behalf.
The terms “customer”, “client", “user”, “you” and “your” ‘you’ refers to the user of our Services or the person accessing our Website. If you continue to browse and use our Website or our Services, you are agreeing to comply with and be bound by these terms and conditions.
If you disagree with any part of these terms and conditions, please do not use our Website or Services.
“Box” or “Boxes” means the box or boxes that we provide to our customers for the purpose of the storage of Goods.
“Delivery” or “Deliveries” includes the delivery and collection of Boxes of Goods or empty boxes.
“Goods” means any items entrusted to us by you, including any unpacked items, items packed in Boxes or in any other containers.
“Prohibited Goods” means without limitation any plants, animals (dead or alive), flammable items, firearm, weapons or explosives of any kind, chemicals, drugs, hazardous or toxic materials of any kind, items which emit any odour or fumes, compressed gasses, currencies, bonds or securities, or any items of a high value such as jewelry, antiques, fine art, fine wines or spirits, or any precious metals.
“Services” means any and all Services provided by us from time to time.
“Website” means our Website at http://www.spacebox.com.hk or any other Website provided or managed by us for the provision of our Services.
Use of our Website
The content of the pages of our Website is provided on an "as is" basis, and is for your general information and use only, and is subject to change without notice.
You acknowledge that information and materials in our Website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the maximum extent permitted by law.
Your use of any information or materials on our Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, Services or information available through our Website meets your specific requirements.
You may not create a link to any page of our Website without our prior written consent. If you do create a link to a page of our Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Website by linking to it.
From time to time, our Website may also include links to other Websites or advertisements that link to other Websites. These links are provided for your convenience to provide further information, and do not signify that we endorse the Website(s). We do not monitor or review the content of other party’s Websites which are linked to from our Website. Opinions expressed or material appearing on such Websites are not necessarily shared or endorsed by us, and we should not be regarded as the publisher of such opinions or material.
We are not responsible for the privacy policies, or content, of any third party sites. We encourage you to read the privacy statements of these sites you leave our site. You should evaluate the security and trustworthiness of any other site accessed through this site yourself, before disclosing any personal information to them. Spacebox will not accept any responsibility for any loss or damage whatsoever, resulting from your disclosure of personal information to any third parties.
Our Website contains intellectual property which is owned by us, or is licensed to us. This intellectual property includes, but is not limited to, Spacebox’s trademarked logo, the content, media, design, layout, look, appearance and graphics, and these right exists on the full content of our Website.
Redistribution or republication of any part of this site or its content without our express prior written permission is strictly prohibited, including by framing or any other similar means. Any unauthorised use of our Website may give rise to a claim for damages and may also be a criminal offence.
Registration and Accounts
Upon online registration at our website you will be required to select a username and password. You are solely responsible for ensuring that your login information is kept confidential to ensure that no other person can gain unauthorised access to your account or the Services.
You are fully responsible for any activities related to your account made by any person in possession of your login information, and you should promptly notify us if you believe that you login information may have been compromised or becomes known to any other party.
You may not sub-license or re-sell any of the Services to any third party, or claim to represent us in any way for any reason whatsoever without our prior written consent.
Use of our Services
You warrant that at all times whilst using our Services, that all Goods entrusted to us either belong to you or that you have the express permission of the owner of the Goods to use our Services.
All Boxes provided to you by us remain the property of Spacebox, unless you have completed the purchase of any such Boxes from us.
Goods stored with us must not exceed 20Kg per box.
It is your responsibility to ensure that Goods are properly and carefully packed with sufficient protection as is reasonably required for storage.
You may not use our Services for any Prohibited Goods, or any illegal, stolen or perishable items.
We, or anyone acting on our behalf may at any time without prior notification open any Boxes or packages containing your Goods entrusted to us in order to inspect the contents if we reasonably believe they may contain any items stored in breach of these terms and conditions, or if we are required to do so by the police or any competent authority, or where we consider the goods may pose a risk of injury or damage to people or property.
We may refuse to store any Goods, or may return to you any Goods at your cost, if we reasonably believe that the storage or continued storage would represent a risk to any person or property.
If you breach these terms and condition and such breach is not remedied within 14 days of notification by us, we reserve the right at our sole discretion to retain any fees or deposits paid to us in advance, and to seize, sell or dispose of your Goods as we see fit.
Promotion Codes and Coupons
We may, at our sole discretion, create promotional codes, referral codes or printed coupons (“Promo Codes”) that may entitle you to credits or discounts to be applied to your account, or to other features or benefits related to the Services, subject to terms that Spacebox establish on a per Promo Code basis. Unless otherwise agreed on a case by case by Spacebox, such credits or discounts will be applied to Storage fees and cannot be used to offset other fees and charges that may accrue (such as delivery or transportation fees, or the purchase of Boxes)
You agree that Promo Codes:
may only be used by the intended recipient;
must be used for the intended purpose, and in a lawful manner;
may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by us;
may be disabled by Spacebox at any time for any reason without liability to Spacebox;
may only be used pursuant to the specific terms that Spacebox establish for such Promo Code;
are not valid for cash; and
may expire prior to their use.
We reserve the right to withhold or deduct credits, discounts or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Spacebox determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms and Conditions.
We may at our sole discretion offer insurance coverage of up to HK$1,000 for each Box of Goods to cover theft, loss or damage during transportation to or from storage. We will advise you in writing if such insurance applies to your agreement with us.
You may choose to obtain your own separate insurance, or where applicable a higher level of insurance from us for an additional fee.
Any insurance arranged or provided by us does not include damage to any fragile items, or items that in our sole opinion have not been sufficiently well packed.
Delivery and Collection
You agree to ensure that our representatives or any third parties acting on our behalf, will have reasonable access to your premises for the purpose of delivery or collection, including vehicular access and availability of access by elevator where Goods are not at the same level as the vehicle access. If reasonable access is not provided we reserve the right at our sole option to charge an extra fee or to refuse collection or delivery until such time as reasonable access is made available.
You must ensure that during any collection or delivery a responsible person authorised by you is present and available to provide us with the Goods, or receive the Goods as the case may be.
In the event that any delivery is unsuccessful due to a failure by you to comply with these terms and conditions we reserve the right at our sole discretion to charge an additional fee for the failed delivery.
Payments and Charges
Payments for our services are billed monthly in advance for minimum periods of one month, and may include storage charges, and charges for use of the Boxes. Billing commences either: 1) fourteen days from when we deliver containers to you, or 2) the day we collect the Goods from you, whichever is the earlier. It is your responsibility to bear any shortfall between any invoiced amount and the amount received by Spacebox due to any charge or fees charged by your bank or payment processor, Spacebox will add these shortfall amounts to your next bill.
The charges for the use of our service are as specified on our Website at the time of booking and may be amended from time to time at our sole discretion, or as otherwise agreed to with you in writing.
Any changes to our standard fees and charges will be published on our Website.
You may make payment by cash or bank transfer, or such other payment method that we may advise you in writing from time to time.
Where payment is accepted by credit card, we may require you to enter your credit card number, which may be saved by us and used to bill all future charges automatically.
You agree to indemnify us against all outstanding fees costs and expenses in the event that any payment due is not received by us, or if any payment is paid later than the due date, including the costs of administrative charges that we may reasonably apply in such cases.
If any payment due to us is not received by us within 14 days from the due date, we may charge interest at 2.5% per month calculated on a daily basis from the due date (minimum charge $100), and you agree that we exercise a lien over the Goods until all outstanding payments and charges (including any interest and administrative charges) have been received by us. In such event you agree that we may refuse access to the Goods by you or any agent representing you, and you expressly authorise us to access and inspect the Goods.
If any payment due to us is not received by us within 30 days from the due date, you agree that we may sell the Goods by any means reasonably available to achieve a fair market value and transfer ownership to the buyer. Any proceeds from such sale will be used to settle all outstanding payments and charges including interest, administrative fees and cost of sales. If there is any amount leftover we shall make reasonable efforts to return the balance to you without interest. If after 60 days we are unable to contact you and return any excess money to you, the money will be retained for our account. If any or all of the Goods cannot reasonably be sold for any reason whatsoever we reserve the right to dispose of, or destroy any portion of the unsold Goods and the costs of such disposal or destruction shall be borne by you.
If after the sale, disposal or destruction of Goods there are insufficient funds to cover the outstanding payments and charges due to us, you will be obliged to settle any outstanding balance within seven days, after which time we may administer a debt collection agency to recover any payments and charges due as well as the costs of any such collection.
If any payment due to us is not received by us within 30 days from the due date you agree that an administrative fee of HK$ 1,000 may be added to your account. You also agree to cover Spacebox costs related to collection and non-payment including but not limited to: Lawyer fees, collection agency fees, tribunal fees.
Limitations of Liability
You acknowledge and agree that the use of our Services is entirely at your own risk and we shall not be liable or responsible for any loss or damage to the Goods other than as specified in writing by us to you.
We shall have no liability in the event that we are required to surrender any goods to the police or any competent authority or if ordered by a competent authority to destroy any Goods. In such case you will be responsible and shall bear any costs or losses incurred by us.
We shall not be liable for loss of data, including personal data that we have taken all practical steps to protect, which is lost due to actions beyond our reasonable control.
We shall not be liable for any losses caused by delay due to bad weather, and in any case all activities will be suspended for up to 4 hours (or until the next working day) after lowering of any T8 typhoon signal or Black rainstorm warning signal issued by the Hong Kong Observatory.
We do not warrant that any storage facility used by Spacebox is a suitable place or means of storage for any particular goods.
We exclude the following to the maximum extent permitted by law;
all representations and warranties relating to our Services and our Website and its contents or which is, or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in our Website; and
all liability for damages arising out of, or in connection with, your use of our Website or Services. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised us of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages; and
any warranty or guarantee as to the availability, accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our Website or any other promotional or advertising materials for any particular purpose.
You agree to indemnify and hold us, our directors, officers, employees, agents and business partners on demand from all claims, liabilities, damages, costs and expenses, losses legal fees arising out of any breach of these terms and conditions by you or any other person accessing our Website or Services under your account.
You may notify us in writing that you wish to terminate this agreement at any time and request the return of your Goods.
We may provide you with written notice to you terminate this agreement at any time.
Termination will occur at the end of the monthly billing cycle following the return of all Goods to you and receipt by us of any Boxes or any other property belonging to us. Upon termination you must settle any outstanding payments or charges due to us.
Spacebox shall not be liable to you for any failure to perform any obligation which is due to an event beyond our control including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, computer hacking activities or any other natural or man-made eventuality outside of our control, nor any other event which could not have been reasonably foreseen.
These terms and conditions shall be governed by and construed in accordance with the laws of Hong Kong and you consent to the exclusive jurisdiction of the Hong Kong courts in all disputes arising out of the use of our Website or Services.
This agreement contains the whole agreement between the parties in respect of the subject matter referred to and supersedes any previous understanding, arrangement or discussion between the parties unless otherwise agreed to in writing between us.
If any of these terms and conditions are deemed invalid or unenforceable for any reason, then any such invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
We may at our sole discretion assign or transfer any of our rights and obligations and contractual relationship with you to any third party.
You may not assign or transfer any of your obligations under this agreement.
The failure of Spacebox to enforce any of the provisions set out in these terms and conditions, shall not be construed as waiver of any such provisions and shall not affect the validity of these terms and conditions or of any part thereof, or the right thereafter to enforce each and every provision.
All of the provisions set out in these terms and conditions which by their nature could reasonably survive termination shall survive termination.
We reserve the right to amend these terms and conditions from time to time as we see fit and it is your responsibility to review these terms and conditions on each occasion that you visit our Website or use our service.
Your continued use of Website and Services will signify your acceptance of any such adjustments. You are therefore advised to review these terms and conditions on a regular basis.