BOXCUBE TERMS OF SERVICE
1.Introduction
1.1 Welcome to BOXCUBE’s Platform (‘Platform’). Please read the following Terms of Service carefully before using this Platform or registering/opening a BOXCUBE account (‘Account’) in order that you are aware of your legal rights and obligations with respect to BOXCUBE and its affiliates and subsidiaries (individually and collectively, ‘BOXCUBE’, ‘we’, ‘us’ or ‘our’). The services we provide or make available (‘Services’) include (a) the Platform; (b) the services provided by the Platform and by BOXCUBE client software made available through the Platform; and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Platform or its related services (‘Content’). Any new features added to or augmented to the Services are also subject to these Terms of Service. These Terms of Service govern your use of the Services provided by BOXCUBE.
1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods and/or services between the consumer (‘Consumer’) and the Partner (‘Partner’) (collectively ‘you’, ‘Users’ or ‘Parties’). The actual contract for sale is directly between the Consumer and the Partner and BOXCUBE is not a party to that or any other contract between the Consumer and the Partner and BOXCUBE does not have any obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. BOXCUBE is not involved in the transaction between Users. BOXCUBE may pre-screen Users or the Content or information provided by Users. BOXCUBE reserves the right to remove any Content or information posted by you on the Site in accordance with any BOXCUBE terms or policies. BOXCUBE cannot ensure that Users will actually complete a transaction.
1.3 Before becoming a User of the Platform, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
1.4 BOXCUBE reserves the right to change, modify, suspend or discontinue all or any part of this Platform or the Services at any time or upon notice. BOXCUBE may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. BOXCUBE may also impose limits on certain features or restrict your access to parts of or the entire Platform or Services in its sole discretion and without notice or liability.
1.5 BOXCUBE reserves the right to refuse to provide you access to the Platform or Services or to allow you to open an Account for any reason.
BY USING BOXCUBE SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2.Limited License
2.1 BOXCUBE grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service and all other policies of BOXCUBE. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (‘Intellectual Property’) displayed in the Platform are the property of BOXCUBE and where applicable, third party proprietors identified in the Platform. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any of the Intellectual Property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Platform and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
2.2 You are welcome to link to the Platform from your website, provided that your website does not imply any endorsement by or association with BOXCUBE. You acknowledge that BOXCUBE may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
3.Software
Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service and all other policies of BOXCUBE. BOXCUBE reserves all rights to the software not expressly granted by BOXCUBE hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by BOXCUBE.
4.Accounts and Security
4.1 Some functions of our Services require registration for an Account by selecting a unique user identification (‘User ID’) and password, and by providing certain personal information. If you select a User ID that BOXCUBE, in its sole discretion, finds offensive or inappropriate, BOXCUBE has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. BOXCUBE has not reviewed, and assumes no responsibility for any third-party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.
4.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in; (b) ensure that you log out from your account at the end of each session on the Site; (c) immediately notify BOXCUBE of any unauthorised use of your Account, User ID and/or password; and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. BOXCUBE will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this clause 4.
4.3 You agree that BOXCUBE may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Platform any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that BOXCUBE deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity; (b) violation of the letter or spirit of these Terms of Service; (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour; (d) having multiple user accounts; (e) buying products on the Site for the purpose of commercial re-sale; (f) abnormal or excessive purchasing of products from the same Partner or related group of Partners; (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant mark-up above face value, and/or abnormal or excessive use of vouchers on the Site); or (h) behaviour that is harmful to other Users, third parties, or the business interests of BOXCUBE. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, BOXCUBE may terminate your Account immediately with or without notice.
4.4 Users may terminate their Account if they notify BOXCUBE in writing (including via email at info@boxcube.io) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), payment for the product, or the like, and Users must contact BOXCUBE after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. BOXCUBE shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this clause 4. Users waive any and all claims based on any such action taken by BOXCUBE.
4.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
5.Terms of Use
5.1 The license for use of this Platform and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, BOXCUBE may effect such termination with or without notice to you.
5.2 You agree not to:
(a) Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;
(c) Upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
(d) Use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) Remove any proprietary notices from the Platform;
(g) Cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of BOXCUBE;
(h) Use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(i) Use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(j) Open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
(k) Access the Platform, open a user account, or otherwise access your user account using any non-official BOXCUBE hardware or software, including but not limited to an emulator, simulator, bot or other similar hardware or software;
(l) Manipulate the price of any item or interfere with other User's listings;
(m) Take any action that may undermine the feedback or ratings systems;
(n) Attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by BOXCUBE with respect to the Services and/or data transmitted, processed or stored by BOXCUBE;
(o) Harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(p) Upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(q) Upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) Upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
(s) Upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(u) Interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
(v) Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(w) Use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(x) Use the Services in violation of or to circumvent any sanctions or embargo enforced by any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements.
(y) Use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(z) Infringe the rights of BOXCUBE, including any intellectual property rights and any passing off of the same thereof;
(aa) Use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
(ab) List items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others; and/or
(ac) Direct or encourage another user to conduct a transaction other than on the Platform.
5.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not BOXCUBE, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will BOXCUBE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.
5.4 You acknowledge that BOXCUBE and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Platform without any liability to you. Without limiting the foregoing, BOXCUBE and its designees shall have the right to remove any Content (i) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must 5.4evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by BOXCUBE or submitted to BOXCUBE, including, without limitation, information in BOXCUBE Forums and in all other parts of the Platform.
5.5 You acknowledge, consent to and agree that BOXCUBE may access, preserve, and/or disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over BOXCUBE, or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy or any other policies; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BOXCUBE, its Users and/or the public.
6.Violation of Our Terms of Service`
6.1 Violations of this or other BOXCUBE policies may result in a range of actions, including, but not limited to, any or all of the following:
(a) Deletion of Users’ listing;
(b) Limits placed on Account privileges;
(c) Account suspension and subsequent termination;
(d) Criminal charges;
(e) Civil actions, including but not limited to, claims for damages and/or interim or injunctive relief.
6.2 If you believe a User on our Site is violating these Terms of Service, please contact info@boxcube.io
7.Reporting Intellectual Property Rights Infringement
7.1 As stated above, BOXCUBE does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (‘IPR Owner’).
7.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with BOXCUBE in any way and BOXCUBE is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Platform.
7.3 If you are an IPR Owner or an agent duly authorised by an IPR Owner (‘IPR Agent’) and you believe that your right or your principal’s right has been infringed, please notify us by submitting a written complaint at info@boxcube.io and provide us the documents requested below to support your claim. Do allow us time to process the information provided. BOXCUBE will respond to your complaint as soon as practicable.
Complaints under this clause 7 must be provided in the form prescribed by BOXCUBE, which may be updated from time to time, and must include at least the following:
(a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, ‘Informant’);
(b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights;
(c) a description of the nature of alleged infringement with sufficient details to enable BOXCUBE to assess the complaint; (
(d) URL(s) of the listing(s) which contain the alleged infringement;
(e) sufficient information to allow BOXCUBE to contact the Informant, such as Informant’s physical address, telephone number and e-mail address;
(f) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law;
(g) a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer as a result of the information provided by the Informant, and that the Informant has the appropriate right or is authorised to act on the IPR Owner’s behalf in all matters relating to the complaint.
7.5 BOXCUBE acknowledges a manufacturer’s right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the Partners, BOXCUBE does not assist in this type of enforcement activity and does not enforce exclusive distribution rights or price-control matters except within the countries that have laws specifically governing selective or exclusive distribution.
7.6 Each and every Partner agrees to hold BOXCUBE and its affiliates harmless from all claims, causes of action, damages and judgments arising out of any removal of any Content or product listings pursuant to or in relation to any intellectual property infringement claim.
8.Purchase and Payment
8.1 BOXCUBE supports one or more of the following payment methods in each country it operates in. When a transaction takes place, payment is processed where by credit card/debit card/online banking/e-wallet information is held and price of the transaction is charged to a selected payment immediately.
8.2 Consumer may only change their preferred mode of payment for their purchase prior to making payment.
8.3 BOXCUBE takes no responsibility and assumes no liability for any loss or damages to Consumer arising from shipping information and/or payment information entered by Consumer or wrong remittance by Consumer in connection with the payment for the items purchased. We reserve the right to check whether Consumer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
9.Partner’s Responsibility
9.1 Partner shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Partner’s listing and shall not post inaccurate or misleading information.
9.2 The price of items for sale will be determined by the Partner at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Consumer such as sales tax, value-added tax, tariffs, etc. and Partner shall not charge Consumer such amount additionally and separately.
9.3 Partner agrees that BOXCUBE may at its discretion engage in promotional activities to induce transactions between Consumer and Partner by reducing, discounting or refunding fees, or in other ways. The final price that Partner will pay actually will be the price that such adjustment is applied to.
9.4 For the purpose of promoting the sales of the items listed by Partner, BOXCUBE may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by BOXCUBE.
9.5 Partner shall issue receipts, or tax invoices to Consumer on request.
9.6 Partner acknowledges and agrees that Partner will be responsible for paying all taxes, customs and duties for the item sold and BOXCUBE cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Partner are advised to seek professional advice if in doubt.
9.7 Partner acknowledge and agrees that Partner’s violation of any of BOXCUBE’s polices will result in a range of actions as stated in clause 6 above.
10.Transaction Fees
BOXCUBE charges a fee for all successful transactions completed on the Platform (‘Transaction Fee’). The Transaction Fee is borne by the Consumer, and is calculated as three percent (3%) of the Consumer’s Purchase Monies, rounded up to the nearest cent. The Transaction Fee is subject to SST (‘Tax Amount’), and the Consumer is responsible for such Tax Amount.
11.Disputes
11.1 In the event a problem arises in a transaction, such problem shall be resolved according to BOXCUBE’s policies.
11.2 Each Consumer and Partner covenants and agrees that it will not bring suit or otherwise assert any claim against BOXCUBE or its affiliates (except where BOXCUBE or its Affiliates is the Partner of the product that the claim relates to) in relation to any transaction made on the Platform or any dispute related to such transaction.
11.3 BOXCUBE may, at its sole discretion and with absolutely no liability to Partner and Consumer, take all necessary steps to assist Users resolving their dispute with Term and Condition applied.
No Refund or reduction will be made to any member in respect of airfare, accommodation, meals sightseeing tours, transport or any other services which are included in the tour fare out not utilized by the tour member due to personal reasons.
12.Feedback
12.1 BOXCUBE welcomes information and feedback from our Users which will enable BOXCUBE to improve the quality of service provided. Please refer to our feedback procedure below for further information:
(a) Feedback may be made in writing through email to or using the feedback form found on the Platform.
(b) Anonymous feedback will not be accepted.
(c) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(d) Vague and defamatory feedback will not be entertained.
13.Disclaimers
13.1 The services are provided "as is" and without any warranties, claims or representations made by BOXCUBE of any kind either expressed, implied or statutory with respect to the services, including, without limitation, warranties of quality, performance, non-infringement, Partnerability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Without limiting the foregoing and to the maximum extent permitted by applicable law, BOXCUBE does not warrant that the services, this site or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this site and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
13.2 You acknowledge that the entire risk arising out of the use or performance of the Platform and/or the Services remains with you to the maximum extent permitted by applicable law.
13.3 BOXCUBE has no control over and, to the maximum extent permitted by applicable law, does not guarantee or accept any responsibility for: (a) the fitness for purpose, existence, quality, safety or legality of items available via the services; or (b) the ability of Partners to sell items or of consumers to pay for items. If there is a dispute involving one or more users, such Users agree to resolve such dispute between themselves directly and, to the maximum extent permitted by applicable law, release BOXCUBE and its affiliates from any and all claims, demands and damages arising out of or in connection with any such dispute.
14.Exclusions and Limitations of Liability
14.1 To the maximum extent permitted by applicable law, in no event shall BOXCUBE be liable whether in contract, warranty, tort (including, but not limited to, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for:
(a) (a) loss of use; (b) loss of profits; (c) loss of revenues; (d) loss of data; (e) loss of good will; or (f) failure to realise anticipated savings, in each case whether direct or indirect; or
(b) any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use this site or the services, including, without limitation, any damages resulting therefrom, even if BOXCUBE has been advised of the possibility of such damages.
14.2 You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the Services is to request for termination of your Account and/or discontinue any use of the Services.
14.3 Nothing in these terms of service shall limit or exclude any liability for death or personal injury caused by BOXCUBE’s negligence, for fraud or for any other liability on the part of BOXCUBE that cannot be lawfully limited and/or excluded.
15.GENERAL BOOKING TERMS (APPLY TO ALL TRAVEL PRODUCTS)
15.1 DETAILS AND PRICE
You confirm that all details provided by you when making your booking (such as name, ID details, contact details, payment details and dates) are accurate and complete. If you notify us of any incorrect details provided by you by mistake, we will assist you to change the details on the booking however we cannot guarantee that the Partner will permit this, in particular where a change could amount to a change in identity.
We advertise a large number of Travel Products and we try hard to ensure that the advertised price is always accurate, but sometimes errors do occur. If the error should reasonably have been apparent to you, we reserve the right to cancel the booking or (if agreed by you) change the price. If this happens, we will contact you.
15.2 BOOKING PROCESS
When your booking is complete, you will receive a confirmation email from us. You agree to check the details in the booking confirmation and to contact us immediately if any of the details are incorrect. More information on flight and hotel booking confirmations is in the relevant sections below.
We will assign a Boxcube booking number to your booking. It will help us if you can tell us the Boxcube booking whenever you contact us about your booking.
When using our booking services you shall not:
• Use an invalid bank card or account, or a bank card or account that you are not authorized to use.
• Impersonate any person, or misrepresent your identity or affiliation with any person.
• Violate any laws and regulations or regulatory requirements.
All bookings for Travel Products are subject to availability at the time of booking. We try hard to make sure that our Website is kept up to date, but we do not guarantee that any of the Travel Products on our Website will still be available at the time of booking. We will inform you as soon as possible after you place a booking if, for any reason, the Travel Product you have sought to book with us is not available.
15.3 PAYMENT AND CURRENCY
booking process. Some bookings require you to prepay online, some require you to pay at the time of using the Travel Product (for e.g., when you check-in at a hotel). If any sum is not paid in full in accordance with the terms of your booking, we may cancel your booking immediately.
Exchange rates are calculated in real time. When you prepay online, you will pay the exact amount shown on the payment page. However, if you are paying in a different currency, the provider of the account you pay with may use an alternative currency rate which you are responsible for confirming. Your account provider may also charge you a fee for international payments. You acknowledge that when you pay at the time of using the Travel Product (for e.g., when you check-in at a hotel) the exchange rate may have changed between the time of booking and the time of payment.
If you encounter a problem when you submit your payment, please do not submit the payment again. You can confirm whether your booking was successfully made, you can contact us directly as part of our customer support services
Any refunds will be paid back to the original payment method, unless we agree otherwise. The date that any refund will be paid into your account is subject to the provider of your account.
We take the security of your personal and payment information seriously and have robust measures in place to ensure that your details are kept safe.
15.4 TRAVEL PREPARATIONS
It is your responsibility to ensure that you have appropriate insurance and the required travel documents for your trip. This includes (but is not limited to) your passport/national ID card, visas, and medical documents (such as proof of vaccinations).
By offering Travel Products to or in a particular destination, we are not advising or confirming that you can travel to and/or around that destination without risk. You are responsible for checking for any travel warnings or restrictions in the destination you are travelling to and/or around, both before you book and before you travel.
It is your responsibility to ensure that you obtain any vaccinations required for your trip, and to follow any medical advice you have received.
16. FLIGHT TERMS
16.1 AIRLINE’S TERMS AND CONDITIONS
As highlighted under “Individual Airline terms”, your booking is also subject to the relevant Partner’s (in this case the airline’s) terms and conditions. These can generally be found on the airline’s own website. If there are any inconsistencies between these terms and the airline’s terms and conditions, for e.g. where you have selected a cheaper flight ticket that cannot be changed or refunded, these terms will apply. If you have any questions on the terms and conditions that apply to your flight ticket (for e.g. on the change/cancellation/baggage allowance rules), you can contact us directly as part of our customer support services.
16.2 BOOKING PROCESS
Once payment is confirmed, you will receive a “Flight Payment Successful” email from us. You agree to check the details in the email and to inform us immediately if any of the details are incorrect. We shall use reasonable endeavors to issue your flight ticket within the time frame we notified you of during your booking process, and as set out in the “Flight Payment Successful” email. If your flight ticket is not issued within this time frame, you can contact us directly as part of our customer support services
When your flight ticket is issued, you will receive a “Flight Booking Confirmed” email from us which will also include your travel itinerary and an e-receipt. Sometimes, where you have selected a cheaper flight ticket, it might take a little longer for your flight ticket to be issued, but it will be issued no later than 72 hours before your flight is scheduled to depart. Also, when you book a flight ticket within the 3 days before the flight is scheduled to depart, your ticket will be issued in the 72 hours before departure. In both cases, we will have highlighted this to you during your booking process.
When you check-in for your flight, your flight ticket will be in the form on an e-ticket.
We will assign a Boxcube booking number to your booking and tell you what it is in your “Flight Payment Successful” email. It will help us if you can tell us the Boxcube booking number whenever you contact us about your booking. When your flight ticket is issued, we will also provide you with the airline’s booking reference (or similar) in the “Flight Booking Confirmed” email. If your “Flight Booking Confirmed” email does not contain this information, you can contact us directly as part of our customer support services
16.3 IMPORTANT FLIGHT INFORMATION
Where possible we will provide you with information on:
• check-in and boarding times;
• seat selection;
• baggage allowances and restrictions; and
• whether it is possible to book infant/child tickets online, applicable to your flight ticket during your booking process, however you should always check the relevant airline’s website for details.
For information on:
• suitability of passengers for flying (for e.g., elderly, pregnant or infant passengers);
• rules on passengers carrying lithium batteries, dangerous goods and liquids; and
• applications for special meals and/or services before your journey,
you should check the relevant airline’s website for details, as different airlines may have different policies or rules.
If you would like to order special meals and/or services via us, you can contact us directly as part of our customer support services. You can also contact us if you have any questions on how to book infant/child tickets.
It is your responsibly to ensure that you allow sufficient time for check-in, passport control and security checks after you arrive at the relevant airport terminal. You should prepare the required travel documents for your trip (such as your passport/national ID card and visas) before travelling.
Please be aware that your flight tickets must be used in the sequence set out in your travel itinerary, otherwise the relevant airline may not allow you to check-in or board the plane. For e.g., if you do not use your outbound flight ticket, the airline may not allow you to use your return flight ticket. You should check the relevant airline’s website for details, as different airlines may have different policies or rules.
16.4 SELF-TRANSFER PACKAGE
If your flight ticket includes our “Self-transfer Package”, the terms and conditions set out in our Self-transfer Guarantee also apply to your flight ticket. By booking a flight ticket that includes. our “Self-transfer Package”, you agree to comply with those terms and conditions. It is important that you read them carefully as they tell you what the guarantee covers and what you need to do to benefit from the guarantee.
Before booking a flight ticket that includes our “Self-transfer Package”, you must ensure that you are comfortable that the time provided to transfer/make your connecting flight is sufficient for your individual needs.
If you are unsure whether your flight ticket includes our “Self-transfer Package”, you can contact us directly as part of our customer support services.
17. HOTEL TERMS
17.1 HOTEL’S TERMS AND CONDITIONS
Your booking is also subject to the relevant Partner’s terms (in this case the hotel you are staying in) terms. These can generally be found on the hotel’s own website. If there are any inconsistencies between these terms and the hotel’s terms and conditions, for e.g. where you have selected a cheaper room that cannot be changed or refunded, these terms will apply. If you have any questions on the terms and conditions that apply to your hotel booking, you can contact us directly via email as part of our customer support services.
17.2 BOOKING PROCESS
We shall use reasonable endeavors to issue your hotel booking confirmation within the time frame we notified you of during your booking process. If your hotel booking confirmation is not issued within this time frame, please contact us using the details in section 1 of these terms. For many of our rooms, confirmation is instant. As soon as your booking is confirmed, we will email you to notify you of this and from this point onwards, your room is guaranteed. If we are unable to confirm your booking, we will provide you with a full refund.
If, after your hotel booking has been confirmed, you contact the hotel directly and they cannot locate your booking, please do not worry. Your booking is still guaranteed; the hotel may not have your personal information until closer to the booking date. If you have any concerns, please contact us directly via email as part of our customer support services.
17.3 CHANGING, CANCELLING OR UPGRADING YOUR BOOKING
We will have provided you with information on your rights to change or cancel your hotel booking (and any associated fees) during your booking process; you may have selected a cheaper room that cannot be changed or refunded. This information forms part of these terms and should be read carefully before finalizing your booking. If you are unsure whether your hotel booking permits changes and/or refunds for cancellation, you can contact us directly via email as part of our customer support services.
When your hotel booking permits changes, the hotel and/or rooms that you can change to may be limited by the hotel or the third party hotel inventory partner, and so all of the options on our Website and/or alternative rooms at that hotel may not be available to you. We will provide you with information on the available options when we receive your request to change your hotel booking.
f your booking is changed or cancelled by the relevant hotel, generally that hotel’s terms and conditions will apply. Please contact us directly and we will help as part of our customer support services.
17.4 HOTEL RATINGS
Our guest ratings are based on verified reviews from users. Our star ratings are based on a combination of information, such as ratings provided directly by the hotels (including, where applicable, their star rating based on the standards in the country they are based), amenities, photos, guest reviews and price. This is to give you the best indication of the standard of the hotel. However, you acknowledge and agree that the star rating is an indication only, standards vary between countries and you are responsible for reviewing all of the information provided on the hotel on our Website, to ensure that you are happy with the standard of the hotel before booking.
18.TOURS AND TICKETS (OTHER PRODUCTS ON OUR WEBSITE SUCH AS AIRPORT TRANSFER, ATTRACTION TICKET, CAR RENTAL ETC.)
18.1 PARTNER’S TERMS AND CONDITIONS
Your booking is also subject to the relevant Partner’s terms (in this case, for e.g., the car rental or airport transfer company). These can generally be found on the Partner’s own website. Where possible, we will have provided you with a link to these terms at the checkout stage of your booking process
18.2 CHANGING, CANCELLING OR UPGRADING YOUR BOOKING
Please check the relevant Partner’s terms for information on your rights to change or cancel your booking. Note that we may also have provided you with some information on your rights during your booking process, this information forms part of these terms.
If your booking is changed or cancelled by the relevant Partner, generally that Partner’s terms and conditions will apply. Please contact us directly and we will help as part of our customer support services.
19.Links to Third Party Sites and Sharing Videos from Facebook etc.
19.1 Third party links provided throughout the Platform will let you leave this Platform. These links are provided as a courtesy only, and the sites they link to are not under the control of BOXCUBE in any manner whatsoever and you therefore access them at your own risk. BOXCUBE is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. BOXCUBE is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by BOXCUBE of any linked site and/or any of its content therein.
19.2 BOXCUBE allows you to share videos from Facebook on the BOXCUBE Livestream feature (‘Facebook Content’). By sharing Facebook Content, you hereby agree to be bound by the Facebook Terms of Service (https://www.facebook.com/terms.php).
20.Your Contributions to the Services
20.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to BOXCUBE. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant BOXCUBE and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
20.2 Any Content, material, information or idea you post on or through the Services, or otherwise transmit to BOXCUBE by any means (each, a ‘Submission’), is not considered confidential by BOXCUBE and may be disseminated or used by BOXCUBE without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a submission to BOXCUBE, you acknowledge and agree that BOXCUBE and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your submission. Accordingly, you hereby grant BOXCUBE and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.
21.Third Party Contributions to the Services and External Links
21.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, BOXCUBE is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold BOXCUBE responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
21.2 In addition, the Services may contain links to third-party products, websites, services and offers. These third-party links, products, websites and services are not owned or controlled by BOXCUBE. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. BOXCUBE has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that BOXCUBE shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that BOXCUBE may disable your use of, or remove, any third-party links, or applications on the Services to the extent they violate these Terms of Service.
22.Your Representations and Warranties
22.1 You represent and warrant that:
(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all BOXCUBE policies, applicable laws, rules, codes, directives, guidelines, policies and regulations.
23.Fraudulent or Suspicious Activity
23.1 If BOXCUBE, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect BOXCUBE, other Consumers or Partners, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
(b) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Malaysia or elsewhere and directed to BOXCUBE;
(c) We may refuse to provide the Services to you now and in the future;
(d) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to BOXCUBE or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
23.2 For the purposes of this clause 24:
(a) "Chargeback" means a request that a Consumer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
(b) "Claim" means a challenge to a payment that a Consumer or Partner files directly with BOXCUBE.
(c) "Reversal" means the reversal of a payment by BOXCUBE because (a) it is invalidated by the sender's bank; (b) it was sent to you in error by BOXCUBE; (c) the sender of the payment did not have authorisation to send the payment (for example: the sender used a stolen credit card); (d) you received the payment for activities that violated these Terms of Service or any other BOXCUBE policies; or (e) BOXCUBE decided a Claim against you.
24.Indemnity
You agree to indemnify, defend and hold harmless BOXCUBE, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the ‘Indemnified Parties’) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, but not limited to, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Platform; or any dispute in relation to such transaction (except where BOXCUBE or its Affiliates is the Partner in the transaction that the dispute relates to); (b) the hosting, operation, management and/or administration of the Services by or on behalf of BOXCUBE; (c) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein; (d) your use or misuse of the Services; (e) your breach of any law or any rights of a third party; or (f) any Content uploaded by you.
25.Severability
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
26.Governing Law and Jurisdiction
26.1 These Terms of Use shall be governed by and construed in accordance with the laws of your jurisdiction without regard to the conflict or choice of law principles.
26.2 Any dispute, legal action or proceeding arising out of or in connection with these Terms of Use shall be submitted to the jurisdiction of the courts in your jurisdiction, unless BOXCUBE in its own discretion chooses to submit the same for settlement via arbitration in your jurisdiction or otherwise.
27.General Provisions
27.1 BOXCUBE reserves all rights not expressly granted herein.
27.2 BOXCUBE may modify these Terms of Service at any time by posting the revised Terms of Service on this Platform. Your continued use of this Platform after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
27.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
27.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and BOXCUBE, nor does it authorise you to incur any costs or liabilities on BOXCUBE’s behalf.
27.5 The failure of BOXCUBE at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
27.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for BOXCUBE's affiliates and subsidiaries (and each of BOXCUBE's and its affiliates' and subsidiaries' respective successors and assigns).
27.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Platform and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this clause it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
27.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery, money laundering and/or corruption and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
27.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: info@boxcube.io.
27.10 LEGAL NOTICES: Please send all legal notices to info@boxcube.io and Attention it to the “General Counsel”.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” OR “CONNECT WITH FACEBOOK OR INSTRAGRAM” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.
Last modified: 18 February 2022