TERMS & CONDITIONS 

 Terms of Use

Please read these terms of use carefully (“Terms”). These Terms and the information contained in the Boxego Privacy Policy govern and apply to your access and use of www.boxego.com and Boxego's social networking services available via Boxego's website and Boxego's mobile apps (collectively, the “Service”). By accessing or using our Service, you agree to be bound by all of the terms and conditions described in these Terms and the Boxego Privacy Policy. If you do not agree to all of these terms and conditions, do not use our Service.

 Use of the Service

Boxego allows you to access, view privately and/or share uploaded content (known as “Content”) with your friends and contacts through our mobile and web-based apps and our site.

In complying with these Terms, you have our permission to access our website and download and install a copy of the App to your mobile device and use our services for your own personal use. You do not have our permission to copy, modify or distribute the Website or App for any purpose; you may not reverse engineer or change the functionality of the Website or App; and you may not use the Website or the App to engage in unlawful, criminal or nefarious activity.

These terms apply to the App accessed through or downloaded from any app store or distribution platform where the App is made available (the “App Provider”).

You need to acknowledge and agree that:

  1. These Terms are concluded between you and Boxego, and not with the App Provider, and that Boxego (not the App Provider), is solely responsible for the App.
  2. The App Provider is not obliged to supply any maintenance and support services with respect to the App.
  3. If the App fails to conform to any warranty that may be valid, you may notify the App Provider, and the App Provider will refund the purchase price of the App to you and to the maximum extent permitted by applicable law. The App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Boxego.
  4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Boxego will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  6. The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
  7. You must also comply with all applicable third party terms of service when using the App.

Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may, at some point, include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service.

Creating a Boxego Account

In order to access and use Boxego, you will need to register and create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom of Great Britain or other applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about your Account. You accept that your Boxego Profile details (first name, last name, email address, telephone number, gender and date of birth) will be visible to your Contacts.

When creating an Account, you must not:

  • provide any false personal information to us (including a false username) or create any account for anyone other than yourself without such other person's permission;
  • use a username that is the name of another person with the intent to impersonate that person;
  • use a username that is subject to rights of another person without appropriate authorisation; or
  • use a username that is offensive, vulgar or obscene or otherwise in bad taste.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorised third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.

You can link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Service. By linking your other accounts, you expressly authorise us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to retrieve this information.

Content Submissions

Our Service allows you and other users to post, link, store, share and otherwise make available certain information, images, videos, text and/or other content. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service who you choose to share it with, who may also use your Content subject to these Terms. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service except in the case of an Account entering Legacy Archive Mode (“LAM”) where the Account holder has specified that we delete the Account. Deletion of accounts set up for deletion in LAM will be full, true and final as specified in the setting options.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We ask that you respect our online community and other users when posting Content and using the Service. When submitting Content to or otherwise using the Service, you agree not to:

  • submit material that violates a third party’s ownership rights, including privacy and publicity rights, or that otherwise violates any applicable law;
  • publish falsehoods or misrepresentations that could damage us, our users or any third party;
  • publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
  • submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • post advertisements;
  • impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals;
  • solicit a user's password or other account information; or
  • harvest user names, addresses, or email addresses for any purpose.

This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service, or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure you comply with these Terms, applicable laws or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or are otherwise harmful to the Service.

We reserve the right to act quickly to remove or disable access to any Content that comes to our attention, including information which we believe, in our sole discretion, is illegal, obscene, indecent, or defamatory, incites racial or ethnic hatred, or violates the rights of others, and we may terminate your use of the Service in these circumstances.

Content on the Service

The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.

Copyright Policy

We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another's intellectual property rights.

Unauthorised Activities

Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the aforementioned activities. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

Indemnity

You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including legal costs) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your Account violates any applicable law or regulation, or the rights of any third party.

Links to Third Party Sites

The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.

Ownership

Our Website, App and Service is protected by copyright, trademark, and other laws of the United Kingdom of Great Britain and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all rights, title and interest in and to the Website, App and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, App or the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Website, App or the Service (“Feedback”) will be the sole and exclusive property of Boxego and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.

Termination

If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the Website, App and/or Service.

Disclaimer

You understand and agree that the Website, App and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Every effort is made to keep the website and App up and running smoothly. However, Boxego.com takes no responsibility for, and will not be liable for, the website or App being temporarily unavailable due to technical issues beyond our control, or for the complete and final termination of the Service. We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Boxego does not guarantee the adequacy of the Service or Website or App compatibility to your computer or mobile device and environment. We do not warrant that the Website, App or the Service, its servers, or any emails which may be sent from Boxego are free of viruses or any other harmful components.

Limitation of Liability

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APP. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Boxego Timebox Limitations

The accurate execution of the Boxego Timebox service is dependent on the Account holder ensuring that the contact details of intended recipients of Timebox Posts and emails are up to date and accurate at the time of the Timebox release. Boxego accepts no liability if Timebox Posts and/or emails are undeliverable, undelivered or are not received by intended recipients. It is the responsibility of the Account holder to advise potential recipients of any and all pending Timebox Posts and/or emails including making them aware of the need, where necessary, to review email ‘junk mail’ account settings to allow for Timebox Posts and/or emails to be successfully delivered.

Account to Legacy Archive Mode (LAM)

Boxego will move an Account into LAM (from Account In Query) when an Account holder’s selected LAM Settings have been followed. It is the responsibility of the Account holder (and Executor(s) where nominated) to contact us within the selected time periods allowed to respond to each reminder and confirmation email to confirm if an account should or should not be placed in LAM status. Failure to respond will result in an account being placed in LAM status in accordance with the settings selected by the Account holder and as such Boxego hold no responsibility or liability for placing the account in LAM status.

Confirming LAM Status – Account inactive:

  • After selected time period has elapsed we will send “1st Reminder Email” to Account holder
  • After selected time period has elapsed we will send “2nd reminder Email” to Account holder
  • After selected time period has elapsed we will send “Final Reminder Email” to Account holder and “Confirm Account to LAM Status Email” to any nominated Executor(s)
  • After selected time period has elapsed we will send “No Response  – Notice of Account to LAM Email” to Account Holder and Executor(s)
  • Confirming LAM Status – Account to LAM Status request received:
  • Send “Confirm Account to LAM Status Email" to the Account holder.
  • After selected time – equivalent to time period selected between sending the 2nd Reminder Email and the Final Reminder Email if an account is inactive – has elapsed we will send “Final Confirm Account to LAM Status Email” to Account holder and any nominated Executor(s)
  • After selected time period has elapsed we will send “No Response  – Notice of Account to LAM Email” to Account Holder and Executor(s)

On entering LAM status any and all LAM Posts stored in the Account Timebox will be released to the selected recipient(s).

Account Delete/Release

Users are required to select a Delete or Release option for Account content to be executed once an Account is placed in LAM status. An Account in LAM can be deleted after a period of time (up to 600 months) selected by the Account holder or it can be released to the Boxego Online Legacy Archive to be made public after a selected period of time or it can be released to a Contact in receipt of a Release from LAM password. If a user does not select a Delete or Release option in the Account LAM settings the Account will be permanently deleted within 12 months of entering LAM status. Boxego reserve the right to delete any and all accounts in LAM status without notice to Contacts or Executors.

Any Future Posts held in an account Timebox at the time it is placed in LAM status will be released as scheduled until such times as the Account is deleted in accordance with Boxego’s terms.

Boxfund

Only Boxego account holders can apply for a Boxfund Grant. When applying for a grant you must provide your name and email, an application title and no more than one hundred words in support of your application. You may only apply for one Boxfund Grant in any given month; multiple applications in the same month will result in all applications in that month to be void. You can, should you choose to, apply for a grant every month while ever your Boxego account is active. Successful grant recipients may reapply in subsequent months. Applications on behalf of another person will not be accepted and joint submissions are not allowed. By applying for a Boxego Grant you accept and agree that if your grant application is successful we have your permission to publish your name and the title of your grant application along with your application content in part or in full on Boxblog and that as such you accept that that Boxblog post may be shared publicly beyond Boxblog by us or others. Boxfund Grants are awarded at our discretion. Our decision to award a grant is final and no correspondence will be entered into regarding the decision-making criteria or process. Successful grant recipients have 30 days from the date of the grant being awarded and their notification via their Boxego Inbox in which to claim their grant. Failure to claim the grant within 30 days will result in the awarded grant being withdrawn. Boxfund Grants are paid via Paypal, alternative secure electronic payment methods may be used. By applying for a Boxfund grant you acknowledge and accept that we and selected partners will email you from time to time to make you aware of alternative and additional Boxego, Boxfund and Boxshop offers. To opt out of these emails you will need to email us at admin@boxego.com and inform us that you no longer want to receive our promotional emails.

Boxego accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of either applying for or being awarded a Boxfund Grant. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Boxfund Grants with or without prior notice due to reasons outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud). The decision of Boxego in all matters under its control is final and binding. We shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.

Boxshop

All Boxshop purchases are final and non-refundable. By making a purchase from Boxshop you acknowledge and accept that we and selected partners will email you from time to time to make you aware of alternative and additional Boxego, Boxfund and Boxshop offers. To opt out of these emails you will need to email us at admin@boxego.com and inform us that you no longer want to receive our promotional emails.

General

These Terms are governed by the laws of the United Kingdom of Great Britain, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. We may revise these Terms from time to time, and we will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

Effective & Updated: 1st October 2015