TERMS & CONDITIONS
“Terms” refers to the Terms and Conditions
“You” or “Your” refers to the person/s, firm or corporation hiring equipment from the Company
“We”, “Our”, or “Us” refers to The Box/d Society ABN: 52 562 742 904
“Website” refers to the website located at www.theboxdsociety.com
“Warehouse” refers to the business premises located at 81 Pentex Street Salisbury, Qld 4107
“Services”or “Products” refers to all the equipment and accessories supplied to the Hirer.
The following Terms between you and The Box/d Society describe the terms and conditions on which you may access and use the The Box/d Society website, The Box/d Society Warehouse, and related services including The Box/d Society product rental services (together with the Website, the Warehouse, and The Box/d Society online content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I ACCEPT TERMS AND CONDITIONS” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
1. ABOUT THE SERVICES
[A] Introduction. Through the Services, we aim to give you access to luxury tablescapes for use in your home for your specified rental period.
[B] Eligibility. Children under the age of 18 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf.
[C] Modification of the Services or the Terms. We may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. We will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to us upon checkout.
2. RENTAL OF PRODUCTS
[A] GENERAL CONDITIONS. The Services include the rental of Products. This Section 2[a] sets out terms and conditions that apply to your rental of any Product.
[B] 18 YEARS OR OLDER. Products may be rented for use by individuals under 18 years of age, but we rent only to people 18 years of age or older, who may rent the Products with a payment card or other approved payment method. By clicking and agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described in these Terms.
[C] LIMITS. You acknowledge and agree that we may place limits on the rental of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals of Products for any reason, including but not limited to availability concerns.
[D] DELIVERY. All deliveries are subject to a standard delivery period, through our shipping partner Aramex. This may change at any time per our discretion. The shipping method used will be at our discretion.
[E] COLLECTIONS. If you do not pay the amounts you owe to when due, then The Box/d Society will need to institute collection procedures. You agree to pay The Box/d Society’s costs of collection, including without limitation reasonable attorneys' fees.
3. SPECIFIC RENTAL CONDITIONS
[A] RENTAL FEE. The rental fee (“Rental Fee”) for any Product will be the total of the rental fee and delivery charges listed on the Website for your rental of the Product. When you place your rental order for a Product, you hereby authorize us to charge your payment card for the Rental Fee. We will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site or in the Showroom is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize The Box/d Society to charge your payment card for an amount equal to 200% of the original retail value of the Product plus applicable sales taxes; provided that The Box/d Society will only charge your payment card for an amount greater than the Rental Fee as described below. Rental Fees exclude all federal, state and local taxes, GST, fees, all of which shall be paid by you directly or, if paid by The Box/d Society, shall be paid by you to The Box/d Society in connection with your rental order.
[B] CANCELLATION POLICY. You may cancel your rental order subject to the following cancellation fees and policies:
i. If you cancel thirty (30) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
ii. If you cancel less than thirty (30) days but more than fourteen (14) days in advance of the delivery date, you will not receive any refund, but you will receive a full credit for the Rental Fee associated with the cancelled order. This credit can be applied to any future rental.
iii. You may not cancel fourteen (14) or fewer days in advance of the delivery date.
[C] RETURN PACKAGING. With delivery of the Product, The Box/d Society will provide you with a pre-paid, pre-addressed shipping box and all associated labels. The Box/d Society Box and all related custom packaging for all included items as well as instructions for use and returning the Products are provided for you. The Box/d Society Box, any packaging or products are not yours to keep unless stated on the packing slip provided. If the Box/d Society shipping box and packaging is not returned you will be charged a $200 replacement fee. (Details below under “Lost Return Packaging”)
[D] RECEIPT OF THE PRODUCTS. Upon delivery, you bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address is highly recommended. A “Secure Shipping Address” means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, The Box/d Society does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which The Box/d Society will not be liable. You will be liable for all such delays and additional delivery fees.
[E] USE OF THE PRODUCTS. By renting Products from The Box/d Society you agree that it is for a legitimate purpose and not to engage in unfair and/or illegal business activities or competition. You agree to treat the Products with great care, as if it was borrowed from your family or close friend. You are responsible for all loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, scratches, or other minor damage that is easily and inexpensively repaired. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product. We will communicate the Retail Value for the product direct in writing once damage and replacement needed is confirmed.
[F] LATE FEES. If you return the Products late or not at all, you agree that you will be invoiced and charged a late fee of $50.00 for every day that you are late returning the Products up tp an amount not to exceed 200% of the Retail Value plus GST and rental fee. The late fee is payable for each order of the Products that is not returned when due, not for each individual Product that is the subject of the order that is late. If you have not returned an individual Product within ten (10) days after the return date for the Product, your late return will be considered a non-return and The Box/d Society will invoice and charge your payment card the maximum late fee set forth in this Section 2(B), less any late fees that you have already paid, plus applicable sales tax as a Penalty.
[G] PAYMENT OF 200% RENTAL VALUE. The Box/d Society will not charge you for more than an amount equal to 200% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 2(B), excluding collection costs. If you pay The Box/d Society an amount equal to 200% of the Retail Value under this Section 2(B) and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).
[H] LOST RETURN PACKAGING. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing The Box/d Society with a tracking number. Also, if you lose or fail to return the The Box/d Society Shipping Box you will be charged $200. If you still possess the The Box/d Society Shipping Bag it is then yours to keep, though on an “as is” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).
[I] LIMITED WARRANTIES. The following are the limited warranties The Box/d Society provides in connection with Product rentals.The Box/d Society’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding delivery charges) as determined by The Box/d Society See Section 7(A) below.
[J] CORRECT PRODUCTS. We will deliver the Products you ordered, including the specified quantity and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or is otherwise unavailable. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site.
[K] CLEAN AND READY TO USE. The Products will be professionally cleaned and delivered ready to use. The Box/d Society inspects and sanitizes each Product with the utmost care, but use of the Product is at your own risk and The Box/d Society shall not be held liable for any health-related complaints associated with any Product
4. USE OF SERVICES
[A] THE BOX/D SOCIETY CONTENT
CONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, comments from our sales team and photos and comments from other users (“The Box/d Society Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The Box/d Society’s Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any The Box/d Society Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the The Box/d Society Content.
UPDATES We may update the The Box/d Society Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to firstname.lastname@example.org. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
[B] THIRD PARTY CONTENT.
LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non- The Box/d Society websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and The Box/d Society is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from The Box/d Society, and we have no control over this content. In addition, a link to any Third Party Content does not imply that The Box/d Society endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
[C] ACCEPTABLE USE POLICY
USE OF THE BOX/D SOCIETY CONTENT. No part of the Services, including the The Box/d Society Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that The Box/d Society authorizes you to view, copy, download, and print The Box/d Society Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the The Box/d Society Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the The Box/d Society Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the The Box/d Society Content.
USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which The Box/d Society considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a The Box/d Society representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations. You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend The Box/d Society and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
[D] YOUR CONTENT
If you post, upload or make available to The Box/d Society or the Services, or otherwise submit to or through The Box/d Society as part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to The Box/d Society a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize The Box/d Society to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
[E] DELAYS. There may be delays, omissions, or inaccuracies in the Services, including The Box/d Society Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
[F] JOB POSTINGS The Box/d Society may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
5. INTELLECTUAL PROPERTY
[A] OWNERSHIP OF THE SERVICES
The Services, including the The Box/d Society Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of The Box/d Society and its affiliates and licensors, and are protected from unauthorised copying and dissemination by Australian copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “The Box/d Society” and the The Box/d Society logo are registered trademarks of The Box/d Society, Inc., under the applicable laws of the Australia and/or other countries. Other The Box/d Society product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of The Box/d Society and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. The Box/d Society and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any The Box/d Society Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of The Box/d Society or such third party that may own such The Box/d Society Content.
[B] SERVICES LICENCE. Subject to your compliance with these Terms, The Box/d Society grants to you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your personal, non-commercial purposes.
[C] FEEDBACK. By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that The Box/d Society may use your Feedback without restriction or obligation to you or any third party.
[D] NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT. If you believe any The Box/d Society Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting The Box/d Society’s legal team email@example.com, and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
[A] TERMINATION BY YOU. You may discontinue your use of the Services at any time. In order to deactivate, please contact us at firstname.lastname@example.org.You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
[B] TERMINATION BY THE SOCIETY. Any violation of these Terms, including any of the prohibitions in Section 4(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. The Box/d Society may also terminate your account if The Box/d Society determines that your conduct poses a risk or liability to The Box/d Society, or for any other reason as determined by The Box/d Society in its sole discretion.
[C] EFFECTS OF TERMINATION In each of these cases, the Terms will terminate, including your licence to use the Services, except that the following sections shall continue to apply: 2(A) (Collections), 2(B) (Rental Fee, Late Fees, Lost Return Packaging), 2(C), 3(A) (Failure to Pay Fees), 4(A)-(D), 5(A), 5(C) (Acknowledgment), 5(D), 6(C), and 7-9, including the mandatory arbitration and class-action waiver provisions.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
[A] LIMITED WARRANTIES
The limited warranties set out in Section 2(B) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by The Box/d Society in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and The Box/d Society’s sole and exclusive liability for a breach by The Box/d Society of the limited warranties set out in Section 2(B) shall be, at The Box/d Society’s option, The Box/d Society’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding insurance and delivery charges).
[B] DISCLAIMER OF WARRANTIES
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, THE BOX/D SOCIETY DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE BOX/D SOCIETY CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY WHERE OTHERWISE PROHIBITED BY LAW.
[C] LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE BOX/D SOCIETY BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF THE BOX/D SOCIETY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY WHERE OTHERWISE PROHIBITED BY LAW.
8. ENTIRE AGREEMENT.
These Terms are the entire agreement between you and The Box/d Society relating to the subject matter herein and shall not be modified except by The Box/d Society in accordance with these Terms, or as otherwise agreed in writing by you and The Box/d Society. No employee, agent or other representative of The Box/d Society has any authority to bind The Box/d Society with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
SEVERABILITY AND WAIVER. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
FORCE MAJEURE. The Box/d Society will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond The Box/d Society’s reasonable control.
CONTACT INFORMATION. Please send any questions or comments, or report violations of these Terms, to The Box/d Society at email@example.com or The Box/d Society Attn: Legal, 81 Pentex Street, Salisbury, Qld 4107.