Boxpod Ltd - Terms and conditions
1. General
1.1
The terms ‘our’, ‘we’ and ‘Boxpod Ltd’ refer to the owner(s) of www.boxpodcommercialproperty.co.uk (the ‘website’ or ‘site’). Other registered domain names include: boxpod.co.uk, boxpodcommercialproperties.co.uk and unitstorent.co.uk. The website(s) whose registered office is 11 Lathkill Street, Market Harborough, Leicestershire, LE16 9EY.
1.2
The term ‘you’ or ‘your’ refers to the user or viewer of this website.
1.3
Through using our website and registering for our services, you are bound by the following terms and conditions (the ‘terms of use’ or ‘terms’) together with our privacy policy and any other documentation cited within. If you disagree with these terms of use, you cannot use our website.
1.4
Boxpod Ltd are not a property sales or lettings agency. Boxpod Ltd is solely the provider of the site. It is our ‘members’ (which include but is not limited to estate agents, commercial agents, lettings agents, landlords and overseas owners) that register and display property details for you to view.
1.5
Conversely Boxpod Ltd accepts no responsibly for the behaviour or actions of the ‘tenants’ (those renting the property). Boxpod Ltd solely acts as a Broker and Advertiser for commercial property.
1.6
The titles used in these terms and conditions are purely for convenience. You will not assign or delegate any obligations held in this agreement.
1.7
The terms may be assigned at any future time without notice to you.
1.8
Any delay or failure of Boxpod Ltd to enforce the provisions highlighted in these terms of use does not constitute a waiver of such right to act.
1.9
Boxpod Ltd is not responsible for any breach of the terms caused by incidents beyond our control.
1.10
These terms do not indicate any form of joint venture, agency relationship, or partnership between Boxpod Ltd and you. Neither you or Boxpod Ltd possesses the right or authority to incur any liability, debt, or cost, or enter into any contracts or other arrangements, on behalf or in name of the other party.
2. Use of Boxpod Ltd website
2.1
By using our site you accept these terms.
2.2
These terms of use set out all the conditions for your proper use of the site.
2.3
You must be a minimum of 18 years old to use the website, create an account and contact our partners. Your use of the site provides confirmation that you are at least 18 years old.
2.4
Boxpod Ltd recommend that you download and save a copy of these terms of use for any future use. They provide a legally binding agreement between you and Boxpod Ltd.
2.5
Violations of the terms and inappropriate use of the website could see you banned from the site.
3. Registration
3.1
In order to access particular details on the website you will need to subscribe as a Boxpod Ltd user.
3.2
We reserve the right to refuse your application for subscription and registration at our discretion.
3.3
Registration is per single user; we do not condone multiple users on a network. You must not share your username and or password with any other parties. This is a violation of the sites terms of use.
3.4
Your login details should be unique to the website.
3.5
All information provided upon registration should be complete and accurate.
3.6
You shall take precaution to prevent unauthorised access to your account via any device. If you believe your account has been accessed without authorisation you will contact us immediately.
3.7
If we believe that the terms outlined have been violated in our reasonable opinion your account may be disabled.
3.8
We reserve the right to send you service emails relating to your Boxpod Ltd account.
4. Intellectual Property
4.1
All intellectual property rights and copyrights on this website belong to Boxpod Ltd. All rights are reserved.
4.2
You may download material from this website but only where we provide an option for you, the consumer, to do so. Although, you must not transfer, copy, offload or link to any data taken from the website without formal consent (written confirmation) from Boxpod Ltd.
4.3
The logo: and devices: ‘Boxpod Ltd’ and ‘Boxpod’ are our registered trademarks. They cannot be copied and or used without formal consent from Boxpod Ltd.
4.4
Boxpod Ltd grants a non-transferable and non-exclusive licence to use its software purely in an executable form and only to the extent necessary for optimal use of the website.
4.5
You will not use an automated program (for example a screen-scraping software), to access the website for the purpose of gathering data from this website. Any such programs are prohibited and serve as a breach of the terms.
5. Data Protection
5.1
Boxpod Ltd use of personal information supplied by you when you use this website is governed by our Privacy Policy. Through using our website, you consent to such processing, and you warrant that all data provided is accurate and complete.
5.2
All Boxpod Ltd agents who have access to your personal data are contractually obliged to respect the confidentiality of your personal data. To protect the integrity and security of your personal data we will take steps to verify your identity before granting access to your data or making corrections to it.
5.3
Boxpod Ltd will only store the names and emails of its users, which may be shared with third parties. All payment information (including but not limited to bank accounts) is stored with financial services company Stripe Inc or PayPal. The user will be covered by their corresponding privacy policies.
5.4
We have put in place appropriate technology measures and security policies and procedures to protect the personal data that we have under our control from unauthorised access, improper use, alteration, unlawful or accidental destruction or accidental loss. Unfortunately, the transmission of information via the internet is not completely secure. Boxpod Ltd will do its best to protect your personal data but we cannot guarantee the security of your data transmitted to our website, any transmission is at your own risk.
5.5
Once in receipt of your information we will use strict procedures and security features to try to prevent any unauthorised access.
6. Governing Law
6.1
These terms and conditions and any dispute arising in connection with them shall be governed and interpreted in accordance with the Laws of England and Wales.
6.2
Each party agrees to the exclusive jurisdiction of the courts of England and Wales.
6.3
If any of the terms outlined in this document are deemed unenforceable by the courts of England and Wales, it will be replaced with an obligation reflecting the original intent of the condition.
7. Viruses and Hacking
7.1
Boxpod Ltd do not guarantee that the website will be free from viruses and bugs.
7.2
The user is responsible for configuring their platform and computer software to access the website. Users are advised to use their own virus protection software.
7.3
You must not misuse our website by knowingly introducing harmful software (including but not limited to viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful).
7.4
You must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer or database connected to our website. You must not attack our website with the intent to disable or impair Boxpod Ltd at any time.
7.5
Boxpod Ltd will not be held liable for any loss or damage caused by technologically harmful material due to your use of our website, including any content downloaded from it or links accessed through it.
8. Third Parties
8.1
This website may contain links to the products and services of third parties. Boxpod Ltd holds no responsibility or guarantee over the products, services and websites of any third party. Any third party site is accessed solely at the user's risk. The user should exercise caution and discretion when interacting with any third party sites.
8.2
This site may also contain advertising from third parties. Boxpod Ltd bears no responsibility for any misleading or inaccurate advertisements created by third parties. Any claims or disputes arising from such material bear no connection to Boxpod Ltd.
8.3
Any links or advertisements on this website should not be taken as an endorsement by Boxpod Ltd of any kind.
9. Linking to Our Website
9.1
You may link to our home page, only with our formal approval and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
9.2
You must not establish a link from any website that is not owned by you.
9.3
The website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
10. Complaints
10.1
If you have a complaint about the website, our services or any other related issue, please contact us at info@boxpod.co.uk.
10.2
We will aim to acknowledge your complaint within 5 working days and provide a likely timescale for resolving the dispute and keep you informed about progress.
10.3
In the event that you are dissatisfied with our response, you may escalate the complaint to the Property Ombudsman at any time.
11. Changes to the Terms
11.1
Boxpod Ltd reserves the right to update the terms of use at any time.
11.2
Any changes will be notified to you via our site, at our discretion, it is advised that you check our site from time to time.
11.3
Your use of our website following any change constitutes acceptance of the change in terms of use.
12. Contact
12.1
For any inquiries or further information regarding these terms and conditions, you can contact us at info@boxpod.co.uk or by post at Boxpod Ltd, 11 Lathkill Street, Market Harborough, Leicestershire, LE16 9EY.
13. Call and Telephone Charges
13.1
Call charges to any telephone numbers listed on the website are dependent on your location and network operator charging structure.
14. Brokerage
14.1 Interpretation
In these conditions, the following words have the following meanings:
(a) "the Operator" means the person(s), firm or company acquiring the services of Boxpod "Sale" means the entering into by the Operator of a binding contract for the sale of the majority of its shares or assets.
(b) "Event of Insolvency" means an order being made or a resolution being passed for the winding up of the Operator or an order being made for the appointment of an Administrator to manage the affairs, business and property of the Operator or if a Receiver is appointed or if any of the Operator's assets or undertakings or if circumstances arise entitling a Court to make a Winding Up Order or if the Operator suffers any similar or analogous action in consequence of debt in any territory or jurisdiction.
14.2 Application of Terms
14.2.1 These conditions shall govern all services provided by Boxpod Ltd to the Operator to the exclusion of all other terms and conditions, to the maximum extent permitted by law.
14.2.2 Each introduction of a customer to the Operator by Boxpod Ltd shall be deemed to be subject to these conditions and any contract entered into between the Operator and a customer so introduced shall give rise to an obligation to pay commission in accordance with clause 14.3 below.
14.3 Commission
14.3.1 In consideration for Boxpod Ltd introducing customers to the Operator, the Operator will pay commission to Boxpod Ltd in accordance with this clause. An invoice will be raised by Boxpod Ltd when a deal is confirmed to them by the operator.
14.3.2 Such Commission will be payable within 7 days of the date of the invoice unless otherwise agreed.
14.3.3 For the purpose of these conditions:
(a) The commission shall be an amount equal to 10% of the fully inclusive rent; unless an alternative percentage fee has been agreed between Boxpod Ltd and the Operator; exclusive of VAT, GST or any local equivalents (if applicable), payable by the customer to the Operator during the first 12 months from the start date of the contract, including expansions that occur within the first 12 months.
(b) All sums payable by the operator to Boxpod Ltd pursuant to these conditions are exclusive of VAT, GST or any local equivalents (if applicable) subject to clause 14.3.4 below and will be payable to Boxpod Ltd in advance.
15. Subscriptions
15.1
When a user has subscribed to the Boxpod Ltd website, they will be assigned a personal accounts manager.
15.2
Upon subscribing to the website, the user will have access to their personal accounts manager. Enquiries can be made at any time.
15.3
As mentioned in condition 5.3: Boxpod Ltd will only store the names and emails of its users, which may be shared with third parties. All payment information (including but not limited to bank accounts) is stored with financial services company Stripe Inc or PayPal.
15.4
Boxpod Ltd is a VAT registered company. All invoices will be VAT inclusive.
15.5
The subscription fee (inclusive of VAT) is non-refundable. The cost of Boxpod Ltd services can be found on the website.
15.6
The subscriber will be contacted by a Boxpod Ltd agent with regard to a subscription renewal date.
16. Indemnification
16.1
You agree to indemnify, defend, and hold harmless Boxpod Ltd and its directors, agents, affiliates, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable legal fees) arising from or in connection with use of the website.
17. Quality and Customer Feedback
17.1
Boxpod Ltd attempts to ensure that all feedback is dealt with both justly and consistently.
17.2
All feedback is properly recorded, and Boxpod Ltd welcomes suggestions about how our service can be improved. Please get in touch with our agents with any feedback. We aim to acknowledge all customer feedback.