TERMS OF SERVICE (“Terms”)
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the BoxKnight.com website (the "Service") operated by BoxKnight ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. Welcome to BoxKnight
1.1 By using BoxKnight (the “Service”) provided by BoxKnight L.P. (also referred to as “we”), you agree to the following terms. The Service, as further described on the BoxKnight website (the “Site”), allows you to have your packages delivered to BoxKnight and then schedule their deliveries to your home address between the hours of 6pm-11pm. This Member Agreement (“Agreement”) applies to your use of the Service and the Site. Please read this Agreement carefully, as it (among other things) requires in Sections 16 and 17 that you and BoxKnight arbitrate certain claims instead of going to court and contains your agreement not to bring class action claims.
1.2 Your registering for the Service creates a legally binding contract between you and BoxKnight. If you do not agree with any aspect of this Agreement, then you may not use the Service.
2. Your Status
2.1 By registering with BoxKnight, you represent, warrant, and covenant that:
a. you are at least 18 years old. Use of the Service is prohibited by anyone under 18 years of age.
b. you will use the Service only as permitted by law, including applicable export and re-export control laws and regulations.
c. you will not use any branding or logos used in the Service. You further represent, warrant, and covenant that, in connection with the Service and this Agreement, you will not and will not attempt to: (i) violate any laws, third party rights, or our policies; (ii) purchase, receive, or otherwise deal in or dispose of Prohibited Contents as described in Section 5 below; (iii) re-join or attempt to use the Service if BoxKnight has banned or suspended you; (iv) attempt to defraud BoxKnight or any third party; or (v) use another member’s account or allow another person to use your member account. Any illegal activities undertaken in connection with the Service may be referred to the authorities.
3. How It Works
3.1 When you register for the Service on the Site, you will be issued a unique delivery address that you can use as the shipping address for your packages. When we receive a package addressed to your unique delivery address, we will notify you via text that it is available and prompt you to schedule its delivery to your home address. During your scheduled delivery window, we will deliver the package to your home and charge you the Service Fee (as outlined in Section 6 below). Packages are subject to certain size and weight limits, as set forth below and/or provided on the Site.
4. Your Responsibilities
4.1 When you use the Service, you will:
a. only use the Service for Acceptable Packages (as outlined in Section 5 below);
b. always give the full BoxKnight address and your unique member code (the “BoxKnight ID”) to any sender of the package (the “Sender”) as the shipping address for the package;
c. ensure that the Sender packs any package securely;
d. agree that we may suspend or stop providing the Service to you if you do not comply with our terms or policies or if we are investigating suspected misconduct; and
e. follow any policies made available to you within the Service.
f. when you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
g. you are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
h. you agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
4.2 If you do not schedule your package’s delivery within 3 business days of receiving notification of its arrival, BoxKnight reserves the right, in its sole discretion, to take any of the following actions: (i) return the package to the Sender, at your expense; (ii) require you to pick it up from the BoxKnight delivery address or another location specified by BoxKnight; (iii) deliver the package to you at your delivery address for an additional fee; or (iv) charge you BoxKnight’s then-applicable storage fee, as set forth on the Site. We do not know or control every Sender or have control over the terms each Sender imposes for returns, such as whether it will refund your purchase price. You assume any risk associated with packages you do not pick up.
4.3 We also reserve the right to deal with, as we see fit, any package which is not an Acceptable Package.
5. Acceptable Packages
5.1 You must not use the Service to send and collect any delivery that does not conform to our specifications for weight, size, and contents. Deliveries that do not conform to these specifications may not be accepted by us at the BoxKnight address. These specifications are:
a. weight: packages must not be over 50 lb. (including all packaging);
b. size: deliveries must not exceed 72 total inches (183 cm) in linear dimensions (height + width + depth);
c. contents: packages must not contain the following: illegal items or items that encourage illegal activities, controlled substances (such as marijuana and cocaine), offensive materials, stocks or other securities, firearms, weapons, explosives, hazardous materials, tobacco products, items that have unusually strong odors, animals, plants, fertilizer, seeds, or any other items or categories of items that BoxKnight may restrict from time to time upon notice to you (including notice placed on the Site) (“Prohibited Contents”). If you are in any doubt as to whether any item would or would not be prohibited under this list, you must contact us at firstname.lastname@example.org before giving your BoxKnight delivery address to the relevant Sender.
5.2 We may need to change the requirements for Acceptable Packages from time to time to reflect changes in relevant law or our operational methods. We will update our website notifying you of any such changes.
5.3 We may monitor any package received at the BoxKnight address and reserve the right to review any package to confirm whether it is an Acceptable Package. We may also photograph packages to provide evidence of their delivery or other factors (for example, where packages are inadequately packaged or damaged).
5.4 Where we receive any package which is not an Acceptable Package, we may notify you by phone or email to arrange for you to collect it or otherwise deal with it. We may charge you for any costs incurred through handling such packages.
6. Price and Payment
6.1 You will be charged the fee for use of the Service (the “Service Fee”) as set forth on the Site. The Service Fee may be modified from time to time by BoxKnight upon notice to you, provided that any modified fee shall not apply to packages for which shipment is already in progress. The Service Fee is earned by and paid to BoxKnight each time BoxKnight makes a delivery attempt to your shipping address during a delivery window you have selected. Fees shall be paid in CAD dollars only. All Service Fees are non-refundable except as expressly described in this Agreement.
6.2 Should BoxKnight require a credit card for your membership, you must enter a valid credit card number. You are responsible for the accuracy of the payment information you submit, including the cardholder name, card number expiration date, and CVV code. By providing such information, you represent that: (i) such information and any and all associated information provided by you shall be accurate and complete; and (ii) you have the lawful right to provide such payment information to BoxKnight for use in processing your payments. You agree that you are responsible for all fees and expenses incurred by you in connection with the Service as described in this Agreement and you expressly authorize BoxKnight to charge the credit card provided by you for all such fees and expenses. You acknowledge that the payment information you provide shall be stored by or on behalf of BoxKnight for purposes of processing all payments due hereunder. BoxKnight may use a third party payment processing service provider to accomplish some or all of the foregoing, and you hereby consent to such use.
6.3 The price of the Service will be as quoted on our Site from time to time. All prices shown on our Site may not include applicable sales tax.
6.4 Prices of the Service are liable to change at any time, but changes will not affect orders in respect of the Service for which you have already scheduled a delivery window.
7. Ending the Services
7.1 You agree that BoxKnight in its sole discretion and for any or no reason, may terminate this Agreement, your account, or your use of the Service or Site. BoxKnight may also in its sole discretion and at any time discontinue providing the Service or Site, or any part thereof, with or without notice. You agree that BoxKnight shall not be liable to you or any third-party for any such termination.
7.2 Where we end providing the Service to you, we will not give any refund or waive any fees still due, and we may charge you for the return of any of your packages then under our control.
7.3 You may end the Service at any time, though you will still be liable for any unpaid fees or other costs.
7.4 Sections 1.3, 2, 6 (for any Service previously initiated by you prior to termination of this Agreement), and 11 through 28 will survive any termination of this Agreement.
8. Customer Support
8.1 In the event that you need additional support, please contact us at email@example.com.
8.2 Where your question relates to a lost or damaged package, you must give us as much relevant information about the package as possible, including:
a. proof of dispatch by the Sender;
b. proof of value;
c. estimates for cost of repair;
d. invoices; and
e. in case of damage, a photograph of the package and, if requested by us, the package and its packaging for inspection as soon as possible after you become aware of the loss or damage, and in any event within 21 days of dispatch by the Sender.
8.3 In connection with your use of the Service, we may send you service announcements, administrative messages, and other information. You may have the option to opt out of some of those communications.
9. Unsolicited or Unacceptable Packages
9.1 We have no obligation to accept any unsolicited packages, including but not limited to any packages that do not include your BoxKnight ID, from a Sender or any other individual or entity. If we do accept any unsolicited or unacceptable packages, we have no obligation to hold, maintain, secure, or deliver said packages, and we shall have the right to discard or destroy said packages in any manner we decide without recourse or effect.
9.2 Oversized packages: if BoxKnight receives a package that does not comply with the applicable size and weight limits set forth herein or on the Site, BoxKnight reserves the right, in its sole discretion, to take any of the following actions: (i) reject delivery of the package; (ii) accept delivery of the package and require you to pick it up from the BoxKnight delivery address or another location specified by BoxKnight; (iii) deliver the package to you at your delivery address for an additional fee; or (iv) charge you BoxKnight’s then-applicable storage fee, as set forth on the Site.
10. Events Outside of Our Control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).
11.1 You acknowledge that use of the convenience of the Service comes with increased risk of theft or other loss or damage to items and hereby assume such risk. BoxKnight cannot and does not guarantee that items accepted for delivery through the Service will not be subject to theft, fire, water damage, inclement weather, vandalism, or loss or damage generally, and you agree that BoxKnight shall have no liability to you for any of the foregoing except to the extent caused by the gross negligence or willful misconduct of BoxKnight.
12. Ownership and Proprietary Rights
12.1 As between you and BoxKnight, BoxKnight owns all worldwide right, title, and interest, including all intellectual property and other proprietary rights, in and to the Service, the Site, and the software and technology used by BoxKnight to provide Service, Site, features and functionality, and all usage and other data generated or collected in connection with the use thereof (the “BoxKnight Materials”). You agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the BoxKnight Materials.
13. Third Party Sites
13.1 The Site may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that BoxKnight is not responsible and shall have no liability for the content of such third party sites, services, or products, or services made available through them, or your use of or interaction with them. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
14. Use of Site
14.1 As a condition of your use of the Service, you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, impair, or interfere with any other party’s use of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree not to scrape or otherwise use automated means to access or gather information from the Site, and you agree not to bypass any robot exclusion headers we may put into place. In addition, you agree to not use false or misleading information in connection with your Service account, and you acknowledge that we reserve the right to disable any member account associated with information which we reasonably believe is false or misleading.
15. Additional Terms
15.1 When you use certain features or materials on the Site, or participate in a particular promotion, event, or contest through the Site, such use or participation may be subject to additional terms and conditions posted on the Site. Such additional terms and conditions are hereby incorporated within this Agreement, and you agree to comply with such additional terms and conditions with respect to such use or participation.
16.1 Any claim in which the total amount of the award sought by either party is less than $25,000 shall be resolved via binding non-appearance-based arbitration initiated through the (“IMAQ”). The IMAQ Rules are available online http://imaq.org/institute-of-mediation-and-arbitration-of-quebec-imaq/ or by calling the IMAQ at 1-855-482-3327. In any such arbitration, the parties and IMAQ must comply with the following rules: (a) the arbitration shall be conducted by telephone or online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from: (i) seeking remedies in small claims court of competent jurisdiction; or (ii) applying to any court or competent jurisdiction for injunctive or other equitable relief.
17. Class Action Waiver
17.1 YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 17 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
18.1 YOU AND BOXKNIGHT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE OR SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
19. Failure to Perform
19.1 The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BoxKnight. without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by BoxKnight as set forth herein.
21. About Software in the Service
21.1 If the Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available.
21.2 BoxKnight gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by BoxKnight as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by BoxKnight, in the manner permitted by these terms. You may not copy or modify any ideas, features, functions, or graphics of or make derivative works based upon, distribute, sell, or lease any part of the Service or related software, nor may you reverse engineer or attempt to access or extract the source code of that software in order to build a competitive product or service or to build a product using similar ideas, features, functions, or graphics of the Service or related software, unless laws prohibit those restrictions or you have our written permission.
22. Modifying and Terminating the Service
22.1 We are constantly changing and improving the Service. We may add or remove functionalities or features, and we may suspend or stop the Service altogether.
22.2 You can stop using the Service at any time, although we’ll be sorry to see you go. BoxKnight may also stop providing the Service to you, or add or create new limits to the Service at any time.
22.3 We believe that you own your data and preserving your access to such data is important. If we discontinue the Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of the Service.
23. Our Warranties and Disclaimers
23.1 We provide the Service using a commercially reasonable level of skill and care, and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Service.
23.2 THE SERVICE, SITE, AND ANY MEDIA, INFORMATION, OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THEM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BOXKNIGHT AND ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BOXKNIGHT AND ITS LICENSORS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE SERVICE OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
23.3 SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
24. Liability for the Service
24.1 BOXKNIGHT IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY ONLINE MERCHANT OR ANY DELIVERY SERVICE CONTRACTED BY YOU OR AN ONLINE MERCHANT, AND SHALL HAVE NO LIABILITY TO YOU IN CONNECTION THEREWITH, INCLUDING FOR ANY DAMAGE TO A PACKAGE OCCURRING PRIOR TO ITS RECEIPT BY BOXKNIGHT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BOXKNIGHT OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE SERVICE OR THE SITE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH BOXKNIGHT, EVEN IF BOXKNIGHT OR A BOXKNIGHT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE BOXKNIGHT’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF BOXKNIGHT AND ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, SUPPLIERS, OR DISTRIBUTORS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE SITE, INCLUDING FOR ANY IMPLIED WARRANTIES, EXCEED THE LESSER OF (A) THE SUM OF THE REASONABLE VALUE OF THE DELIVERED ITEM TO WHICH THE CLAIM RELATES, SUBJECT TO YOUR PROVISION OF REASONABLE INFORMATION REQUESTED BY BOXKNIGHT REGARDING THE NATURE OF SUCH ITEM, THE PRICE PAID FOR SUCH ITEM, AND THE SERVICE FEE PAID BY YOU IN RELATION TO SUCH DELIVERED ITEM AND (B) ONE HUNDRED CAD DOLLARS.
24.2 IN ALL CASES, BOXKNIGHT, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
25.1 You agree to indemnify and hold BoxKnight, its affiliated companies, partners, and the proprietors of establishments in which items are stored, and each of the officers, directors, and employees of any of the foregoing, harmless from and against any claims, losses, damages, liabilities, costs, and expenses, including reasonable attorney’s fees (any of the foregoing, a “Claim”), that any of them may incur arising out of or relating to your use or misuse of the Service or the Site, violation of this Agreement or violation of any law, rule, or regulation, provided that the foregoing does not obligate you to the extent the Claim arises directly out of BoxKnight’s willful misconduct or gross negligence. BoxKnight reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
26. Business Use of the Service
26.1 If you are using the Service on behalf of a business, that business accepts these terms. It will hold harmless and indemnify BoxKnight and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Service or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
27. Laws and Jurisdiction
27.1 If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
27.2 The laws of Quebec, Canada will apply to any disputes arising out of or relating to these terms or the Service. All claims arising out of or relating to these terms or the Service that are not subject to arbitration will be litigated exclusively in the federal or state courts of Quebec, Canada, and you and BoxKnight consent to personal jurisdiction in those courts.
28. About These Terms
28.1 BoxKnight reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or software at any time, effective upon posting of an updated version of this Agreement on the Service or software. You are responsible for regularly reviewing this Agreement. Changes will not apply retroactively and will become effective no sooner than five days after they are posted. However, changes addressing new functions for the Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for the Service, you should discontinue your use of the Service.
28.2 These terms control the relationship between BoxKnight and you. They do not create any third party beneficiary rights.
28.3 For information about how to contact BoxKnight, please visit our contact page.