The website located at www.boxben.com or subdomain of boxben.com or Boxben(collectively“Site”), Boxben online service, application, components and/or any services connected to the online service (collectively, “Services”) are all owned by BoxbenPte. Ltd(“Boxben”, “we”, “us” or “our”) and are subjected to these Terms and Conditions(“Terms and Conditions”, “Agreement”). These Terms and Conditions also govern the use of any videos, information, text, graphics, photos or other materials you create or make available through the Services(collectively, “Content”).

By using this site, accepting this agreement online, signing in to the online service, and/or installing the application on a mobile device, you agree to the following terms and conditions and privacy policy, governing your use of Boxben’s services. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “You” or “Your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you may not use the services. The date that you agree to this terms and condition is the “Effective Date”.

 

1. Electronic Communications

By using the Services, you consent to receiving electronic communications from Boxben. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and Services. These electronic communications are part of your relationship with Boxben and you receive them as part of your use of the Site and/or Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

2. Modifications

Boxben reserves the right to modify these Terms and Conditions and the fees we charge for our services at any time. We will inform you of the change via our Site, email, or any other reasonable means. By continuing to use the Services following such changes, you agree to be bound by any modification made by us. It is your responsibility to check these Terms and Conditions from time to time and keep your contact information updated. Furthermore, we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Services with or without notice.

 

3. License Grant

Subject to these Terms and Conditions and your payment of applicable subscription fees, Boxben grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services prudently for your own personal or internal business use.

 

4. License to Boxben

In case you submit your intellectual property such as your trademarks, tradenames and Content to Boxben for the purpose of enhancing or creating presentations or documents on your behalf, you grant to Boxben a limited, non-exclusive, non-transferable, non-sublicensable license to

  1. use, re-skin, re-package, reproduce, modify, display, perform or exploit any part of the Content to enhance or create presentations or documents;
  2. use your trademarks and tradenames on Boxben’s advertising and promotional materials, and on the Site for the purpose of promoting, marketing and advertising the Services.

We claim no ownership of any Content, presentations or documents. You retain all intellectual property rights in and to your Content, presentations and documents.

 

5. Third Party Content

Certain information and content may be provided by third parties to Boxben (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Boxben disclaims all warranties and conditions with regard to content provided by third parties, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache or display any of the Third Party Content except as set forth in this paragraph. You further acknowledge and agree that you have no right to reproduce, modify, edit, alter or enhance any of the Third Party Content in any manner.

 

6. Trial Account

Boxben may offer you Trial Account with limited features for a specified period. The length of any Trial Account period may vary and will be indicated when you register. Boxben reserves the right to terminate Trial Accounts at any time, with or without notice. If your Trial Account is not upgraded after the trial period, then we may delete any or all of your Content without prior notice. If you choose to upgrade to Paid Accounts, you must sign up for the subscription online prior to the last day of your free trial period.

 

7. User Subscriptions

The Services are purchased as monthly or annual subscriptions for a pre-determined number of Users (Users refers to Administrator (s) and/or Device User(s)) and may be accessed by no more than the specified number of Users. Users subscriptions are for designated Users and cannot be shared or used by more than one user but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Services. Additional user subscriptions may be added during the subscription term at the price displayed on the Site’s Pricing Page available at www.boxben.com, prorated for the remainder of the subscription term in effect at the time the additional User subscriptions are added, after which subsequent billing or charges shall include the new User subscription total.

 

8. Fees and Payment

You shall pay all your subscription fees, which are based on services purchased rather than actual usage. Your payment obligations are non-cancellable and fees paid are non-refundable. The number of User subscriptions purchased cannot be decreased during the relevant subscription term. User subscription fees are based on monthly or annual periods that begin on the subscription start date and each monthly or yearly anniversary thereof.

Boxben accepts credit card payment. You are responsible for providing complete and accurate contact information, billing information and credit card information (where applicable) to us and keeping such information up to date.

If you are paying by credit card, you authorize us to charge your credit card for all fees payable for the initial subscription term and any renewal subscription term(s), including upgrades. Such charges shall be made in advance on an annual basis. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.

 

9. Taxes

Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder.

 

10. Suspension of Services

Boxben reserves the right to suspend your access to the Services without notice:

  1. if you fail to make any payment to us on its due date;
  2. if you do anything that Boxben considers may jeopardise the Site and/or Services;
  3. if you violated any of these of Terms and Conditions;
  4. if we are required to do so by any court or government authority in any country;
  5. for any other reason or no reason.

No such suspension shall relieve you of the obligation to pay charges and other amounts to the Boxben.

 

11. Term and Termination

These Terms and Conditions commence on the Effective Date and continue until all User subscriptions granted in accordance with these Terms and Conditions have expired or been terminated. Either party may terminate this Terms and Conditions for cause:

  1. upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or
  2. if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

If you cancel an account before the end of current subscription period or reduce the number of user subscription, no refunds will be due for any prepaid fees. In no event shall any termination relieve you of the obligation to pay any fees payable to Boxben for the period prior to the effective date of termination. You acknowledge and agree to pay all outstanding fees or charges within fourteen (14) days upon termination.

Boxben reserves the right to delete all your Content following termination of this Agreement. For all Paid Accounts, we may irretrievably delete your Content from the termination date.

Boxben may, in its sole discretion, terminate your subscription for any reason, including, without limitation, breach or assignment of these Terms and Conditions.

 

12. Services Availability

Subject to these Terms and Conditions, Boxben shall

  1. use commercially reasonable efforts to make the Services available at all times, except for:
    1. planned downtime (of which We shall give reasonable prior electronic notification and which We shall schedule to the extent practicable during evening or weekend hours)
    2. any unavailability caused by circumstances beyond our reasonable control.
  2. provide the Services in accordance in all material respects with applicable laws and government regulations.

13. Customer Support

Boxben also provides a self-service support facility which is available online and gives the opportunity to raise new support questions or requests. Whilst we attempt to respond to support questions or requests within three business days, we do not promise or guarantee any specific response time.

 

14. Your Responsibilities

You agree to use the Services in compliance with the Terms and Conditions. You acknowledge and agree that you are solely responsible for any Content submissions and/or distributions you make, including the legality, reliability, appropriateness, originality and copyright ownership.

You agree to not use Boxben to create, upload, distribute, store or display Content that

  1. is defamatory, libellous, pornographic, sexually explicit or violent;
  2. is illegal or unlawful;
  3. infringes intellectual property, privacy or other rights of any party;
  4. contains viruses or other harmful or disruptive component.
  5. is in contravention of any regulation or legislation (including, but not limited to regulation or legislation governing financial services, money laundering or anti-terrorism).

You represent and warrant that you (and that Boxben has no responsibility to you or any third party) shall be liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your Content or use of the Site and/or Services.

You may be granted access to some Content through the Services. In such a case, you should be aware the Content may be protected by intellectual property rights which are owned by the individual who uploaded the Content through the Services. You may not copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Content uploaded on the Site or Services by another user, unless you have been explicitly given the right to do so by the rightful owner of that Content, in a separate agreement.

You acknowledge that Boxben may, but has no obligation to monitor users’ access to or use of the Site and/or Services. As a result, we are not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Content, including without limitation, any information obtained by using the Site or Services.

 

15. Restrictions

In addition to other restrictions set forth in these Terms and Conditions, you agree and must not

  1. access, tamper with or use non-public areas of Boxben, or our computer system;
  2. try to probe, scan, or test the vulnerability of our systems or networks;
  3. try to breach or circumvent any security or authentication measures;
  4. try to decipher, decompile, disassemble or reverse engineer any of Boxben’s software.
  5. use any other method, mechanism or tool to access Boxben (You can only use software, tools and web browser provided or advised by us).
  6. disclose your password to any party or allow anyone to access your account;
  7. impersonate or misrepresent your affiliation with any person or entity.

 

16. Intellectual Property Rights

All rights, titles, and interests in and to the Site, and materials on the Site, the Services shall at all times remain the exclusive property of Boxben. Unless expressly permitted in these Terms and Conditions, you may not reproduce, modify or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit any of the elements included in the Site or Services.

 

17. Feedback and Improvements

We welcome any ideas, suggestions or proposals (collectively, “Feedback”) to make Boxben better. Submitting Feedback is entirely voluntary and by doing so, you agree that we may use your Feedback for any purpose with no obligation or compensation to you.

 

18. Third Party Services

This Site may contain links or services provided by other third party services, sites or resources. The third party services, sites or resources are provided solely as a convenience to you, and do not constitute, imply an endorsement, sponsorship or recommendation by Boxben of the third party or its products and services. As such third party services, sites or resources are not operated or controlled by Boxben, you acknowledge and agree that Boxben is not responsible or liable for the availability or accuracy of such Sites. We are not responsible for any content, products, services or materials on or available from such Sites or third party services. Access and use of third party Sites or services are at your own risk. You will be subjected to the terms of services and privacy policy applicable to those Sites. You acknowledge and agree that Boxben shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such Site or resource.

 

19. Disclaimer of Warranty

We provide the services “as is” without warranty of any kind, whether express or implied.

Boxben disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

Boxben makes no warranties that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) any data lost (iv) the results that may be obtained from the use of the services will be accurate or reliable, (v) the quality, correctness or accuracy of any products, services, information, or other material purchased or obtained by you through the site or third party will meet your expectations.

You understand and agree to use the services at your own risks.

 

20. Indemnity

You agree to indemnify and hold Boxben, its associate companies, officers, directors, employees, representatives, agents, harmless from and against any claims, suits, damages, expenses (including but not limited to legal fees and costs of defences), arising out of or in any way connected with:

  1. your access to or use of the Services;
  2. your violation of copy rights, trademark rights or other rights of any third party;
  3. any claim that your Content or use of Content caused damage to a third party;
  4. any information you made available through our Services;
  5. any unauthorized use of username, password or your account;
  6. any act that violates to any applicable law or regulation caused by you;
  7. any act that breaches these Terms and Conditions caused by you.

 

21. Assignment

Boxben reserves the right to assign these terms and conditions to any subsidiary and/or affiliates.

 

22. Limitation of Liability

Boxben and/or its affiliates shall not be liable to you or to any third party for damages of any kind, including, without limitation, direct, special, incidental, punitive or consequential damages (including loss of profits, business, savings, data and the like) arising out of or in connection with this agreement, or from your access to or use of, or inability to access or use the services, or for any error to or use of, or inability to access or use the services or for any error or defect in the site or services, whether such liability arises from any claim based upon contract, warranty, tort(including negligence), strict liability or otherwise, or any other legal theory, whether or not Boxben has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that Boxben is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, Boxben will have no liability to you or to any third party for any third party content uploaded onto or downloaded from the site or through the services, or if your data is lost, corrupted or exposed to unintended third parties.

In the event that, notwithstanding the foregoing disclaimers and indemnification, Boxben is found responsible to any Boxben user for any reason whatsoever, Boxben’s responsibility shall be limited to lower of the amounts paid by such user within the twelve (12) months period prior to such claim, and shall not include punitive damages or consequential or resulting damages of any nature.

 

23. General Provision

The Site and Services are controlled and operated by Boxben from Singapore. We make no representations that the Site and Services are appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulation of allcountries within your operation.

These Terms and Conditions, and any dispute that may arise between you and Boxben shall be governed by and construed in accordance with the laws of Singapore. You hereby irrevocably and unconditionally consent to the exclusive jurisdiction in the Courts of Singapore for any all disputes arising out of or relating to the Terms and Conditions, the Services or the Site.

If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect Boxben’s failure to enforce any part of these Terms and Conditions shall not constitute a waiver of Boxben’s right to later enforce that or any other part of these Terms and Conditions.

Nothing contained herein shall be construed as creating an agency, partnership, or other form of joint enterprise between the parties.

We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

These Terms and Conditions may not be assigned, sublicensed or otherwise transferred by you without the prior written consent of Boxben except that you may assign these Terms and Conditions without Boxben’s consent to any entity that acquires all or substantially all of your business or assets, whether by merger, sale of assets, or otherwise, provided that such entity assumes and agrees in writing to be bound by all of your obligations under these Terms and Conditions.

These Terms and Conditions constitute the parties’ entire understanding regarding the Services, and supersede any and all other prior or contemporaneous agreements, whether written or oral.

A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any of its terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

 


Updated on: 12.11.2020


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