Terms & Conditions of Use
MBOX Smart Lockers Corporation is a corporation duly organized and existing under the laws of the Philippines with its principal office at 9th Floor Tower 1, DoubleDragon Plaza, DD Meridian Park, EDSA Extension, Bay Area, Pasay City (“MBOX”).
- MBOX, employees, and agents (“we”, “us”, “our”) provides services for customers through its “MBOX locker”, a self-service locker where customers can pick up, ship-out and store packages at their convenience. Our official website www.mbox.com.ph (“Website”), and our official mobile applications (“MBOX APP” and “MBOX COURIER APP”) are also used to help our users (“User”, “you”, and “your”).
- “Services” is the collective term for all the products, system, network and services provided by MBOX, which include, but are not limited to, the MBOX locker, the MBOX mobile applications and the MBOX website.
- “Package” pertains to any item packaged as a good or a merchandise that is allowed to be placed inside an MBOX locker by any of our Partner Couriers or registered Users.
- “Partner Couriers or Couriers” refers to our delivery partners that are in charge of delivering to or collecting packages from our MBOX lockers.
- “Personal Information” refers to information provided by Users to MBOX, which may include but are not limited to the User’s name, mobile number, email address, address, contact details, credit or debit card information, package information, and CCTV footage when using an MBOX locker.
- “User” refers to the Sender, Courier, Receiver, whether under a partnership agreement or otherwise, their principal, agents, representatives and affiliates.
- “Rates” refers to the published service rates including overstay charges on the MBOX Locker Touchscreen or https://www.mbox.com.ph at any given time.
- “Free Stay Hours” refers to the pre-determined time or number of hours of stay from the time of package drop-off by a courier until it’s pickup that is allowed to be free of charges for the recipient. The recipient shall be made aware of the deadline of the Free Stay hours of each package via SMS message or MBOX APP message
II. Application and Acceptance of Terms
- MBOX may at any time modify or amend to its Terms of Service at any given time, and the modifications or amendments shall automatically be in effect upon publication on the MBOX Smart Locker, MBOX Smart Locker touchscreen, or website. Continued use of our Services means that the User agrees and accepts to be bound by our modifications or amendments.
- We may provide translations of our Terms of Service for your convenience, but should any conflict arise between the translated versions of our Terms of Services, the English version of our Terms of Service shall prevail and be the governing conditions.
III. Provision of Services
- MBOX only operates and maintains its Services and is not involved in the services provided by our Partner Couriers or any of our Users, which include but are not limited to the preparation, transportation, placement, and retrieval of your Packages.
- MBOX reserves the right, in its sole and absolute discretion, to deny access to and/or use of our Services to our Users at any given time and for any reason.
- User may be required to register in the MBOX mobile applications and provide some Personal Information to be able to access some of our Services.
- User acknowledges and agrees that there may be interruptions in the use of our Services due to maintenance procedures or due to circumstances beyond our control.
- While MBOX will exert the necessary efforts to consistently deliver its Services, it reserves the right to temporarily or permanently change or disable any function or feature of its Services.
- MBOX lockers are subject to the following limitations.
- Packages that weigh more than 15 kg and/or larger than 14 inches x 12 inches x 19 inches cannot be placed inside an MBOX Smart Locker
- The following items are prohibited to be placed inside the MBOX Smart locker:
- Money (coins, notes, negotiable instruments equivalent to cash such as endorsed stocks and bonds). Stamps or coins of any kind;
- Valuables, antiques, heirlooms, items of significant sentimental value or nature;
- Firearms, weaponry, ammunition and their parts;
- Foodstuff, perishable food articles and beverages requiring refrigeration or other temperature or environmental control;
- Explosives, fireworks and other items of an incendiary or flammable nature;
- Human or animal remains, living creatures of any kind including animals, birds, fishes, reptiles or insects.
- Hazardous waste, including, but not limited to, used hypodermic needles and/or syringes or medical waste; blood and pathology items that present a potential biological hazard of any kind;
- Wet ice (frozen water), dry ice;
- Wet, leaking or odorous packages of any kind;
- Regulated or restricted items without any special license or permit for transportation/export/import/sale;
- Age restricted materials, goods and items of any kind including lottery restricted by law to persons over a certain age;
- Narcotics, controlled substances, or illegal drugs of any kind;
- Counterfeit or contraband material of any kind;
- Packages or items that may cause damage to, or delay of, equipment or personnel;
- Any other illegal or unlawful object by Philippine law and those deemed to be illegal by treaty and agreement of the Philippines.
- Access to the MBOX Smart Locker is dependent upon the conditions of the location. Details of the locations are available in our Website, mobile applications and partner e-commerce websites.
Availability of MBOX Smart Lockers is subject to the volume of packages and users.
An MBOX Smart Locker can only hold a Package for a maximum of 72 consecutive hours (3 days), starting from the time the package was placed inside the locker. Beyond the maximum allotted time, the User/Partner Courier who placed the Package in the MBOX Smart Locker shall be responsible for the retrieval of the package for safekeeping. In the event that the User/Partner Courier who placed the Package is unable to or fails to retrieve the package, the building Host shall assist in the retrieval of the package for safekeeping until endorsement to said Partner Courier/User. This is to ensure that the MBOX locker are kept at optimum levels and available for use.
IV. Limitations of Liability
- MBOX shall not be held liable for any loss or damage caused by the following:
- The inaccurate information provided by the users in the use of our Services;
- Any unfulfilled obligations due to force majeure, any act beyond our control, acts of God such as weather conditions, flood or earthquake, work stoppages, strikes, industrial disputes, war, any act of government (including delay or confiscation or detention of the Package by government authority), accidents, traffic obstructions or congestion, mechanical breakdown, or other events;
- The Package contains illegal or prohibited item/s as indicated in Section 3.6.1 and by Philippine law; or
- Any other direct or indirect causes or consequences of the fault of negligence of the Users, Partner Couriers, or any other third party.
- MBOX’s liability shall in all cases be limited to direct damages suffered by the User and MBOX’s entire aggregate liability in connection with this Agreement shall be limited to the aggregate cost of your Packages in the transaction concerned or Php 1,000 (One Thousand Pesos) per transaction, whichever is lower unless the Partner Courier has availed of a higher insurance coverage from MBOX.
Our liability however arising and notwithstanding that the cause of any theft, loss or damage be explained or unexplained shall not exceed the replacement value of any goods stolen, lost or damaged or Php 1,000 (One Thousand Pesos) whichever shall be the lower, unless the Partner Courier has availed of a higher insurance coverage from MBOX. Any liability of MBOX shall be mitigated if not extinguished by the contributory fault or negligence of the User or Partner Courier.
- MBOX shall under no circumstances be liable for any loss (whether direct or indirect) of revenue, loss of profits or any consequential loss whatsoever as a result of the Services provided or for whatever reason under this Agreement.
- Any claim by any user against MBOX arising in respect of our Service shall be made in writing and notified to us within ten (10) days of the date upon which user became (or should have become) aware of any event or occurrence alleged to give rise to such claim. Any claim not made and notified as above shall be deemed waived and absolutely barred except where user can show the impossibility for compliance within this time limit.
Notwithstanding the aforementioned time limit, all liabilities to any claims of the User shall be discharged if the claim is brought sixty (60) consecutive calendar days after the Service by which the claim arose was provided by MBOX.
- User shall pay all charges as and when they fall due in accordance with any relevant provisions in this Agreement.
- MBOX has the right to withhold its Services or a Package until full payment of any outstanding amount is paid by the User.
- MBOX reserves the right to change its Free Stay Hours and service rates, without prior notice, at any given time.
- Payment prior to the performance of the Service is available for all customers. For payment prior to the Service performance, the payment will be collected from the User through our list of available electronic payments, such as but not limited to Instapay, GCASH, Paymaya.
- QR Code payment data will be stored in our servers and processed by an accredited payment service provider. It has (and will have) all necessary security certifications required by such payment service providers. Payment must be made/processed before the Package can be picked up from the MBOX Smart Locker.
VI. User’s Obligations
- Any Package that is placed inside an MBOX Smart Locker whether by User or by a Partner Courier on User’s behalf must be well-packaged for transportation and delivery and must comply with the limitations of the MBOX Smart Locker that can be found in Section 3.6.
- User agrees not to tamper with any of MBOX’s lockers and computer systems, and to not gain or grant unauthorized access to the aforementioned as well as to other Users’ accounts.
- User warrants that any Personal Information that is submitted to access our Services is true, accurate, and complete, and User agrees to receive notifications from us so that we may be able to provide User with the Services.
- User agrees that any Personal Information provided by the User may be shared with any of our Partner Couriers, receivers and vice versa, for the purpose of fulfilling an obligation or service on User’s behalf, and to any authority for the purpose of crime prevention, investigation, and other related purposes, and that User shall not make any claims against MBOX for any damage that results from such disclosure.
- By using our Services, User agrees to the Terms and Conditions of our Partner Couriers, and User recognizes that we do not have control over the Terms and Conditions of our Partner Couriers.
- User agrees to indemnify, defend and hold harmless MBOX, its officers, directors, employees, agents, information providers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this Terms and Conditions, breach of User’s representations contained herein, or any activity related to User’s Account (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by User or any other person accessing the Locker, and/or the Website, and/or the MBOX mobile applications using User’s account.
VII. Term and Termination
- MBOX reserves the right to terminate its Terms of Service anytime without prior notice.
- MBOX reserves the right, in its absolute discretion, to withhold any of its Services to the User in question If the User breaches any Terms of Service, or is believed under within reason to have breached any Terms of Service, or is suspected of being involved in dishonest or fraudulent activities.
VIII. Stop Delivery Order or Return Order
Users (User-Sender, User-Courier, or User-Receiver) may stop the delivery of the package or return the package subject to the terms of their sending or receiving agreement. Provided, that when a stop delivery order was made by either the User-Sender or by the User-Courier, both the User-Sender and the User-Courier shall be jointly and severally liable for any fee or charge payable to MBOX for the use of the MBOX Smart Locker and MBOX shall charge according to the applicable published rates to the Users, regardless of the Stop Delivery or Return Order, and the following provisions shall apply:
- For stop delivery orders:
- User-Sender. Should the sender stop the delivery of the package (stop delivery order), the User-Sender shall coordinate with its corresponding
- User-Courier who shall be responsible to stop or hold the delivery of the package, and/or to retrieve the same from the MBOX Smart Locker in the event that the package was already deposited in the MBOX Smart Locker.
User-Courier. Should the courier stop the delivery of the package, the User-Courier shall be solely responsible to retrieve the package from the MBOX Smart Locker before the receiver takes possession of the package.
- For return orders:
- User-Receiver. Receivers must first retrieve the package from the MBOX Smart Locker on or before the end of the designated period for retrieving such package from the MBOX Smart Locker. Return can only be processed once the User-Receiver secure a return slip from the sender or courier, which the User-Receiver will then use to return the package to its Sender through MBOX or alternate means allowed by the Sender. Provided, that the user-receiver return arrangement is exclusively and solely under the agreement and responsibility of the User-Receiver and Sender/Courier.
- Users hereby acknowledge and warrant that they shall pay all fees and charges incurred for the use of the MBOX Smart Locker and that they shall hold MBOX free and harmless from any damage incurred by any of the Users due to such stop delivery order or return order.
IX. Right to MBOX Smart Lockers and Inspect Package Contents
- MBOX, at its sole and absolute discretion, reserves the right and maintains the right to open an MBOX Smart Locker holding User’s Package, in case of threats or danger to life or property, or at the proper and authorized request of a government agency or representative, so as to access the Package.
- User’s Package(s), at the request of government or of any regulatory authority, may be opened and contents inspected by such authorities at any time, even before acceptance for dispatch. MBOX is under no obligation to make good or compensate User for any damage or delay thereby caused to a package or its contents.
X. Photographic and Data Records About Your Package
- We may obtain photographs of the person(s) receiving and sending packages at any MBOX Smart Locker. The photographs may be used as evidence (in the event of a claim or dispute) that a Package was received (or sent) and / or to determine the condition of a Package when it was received (or sent).
- We ensure that any personal data revealed to us about the User and/or the addressee will be preceded solely for the purpose of performing the Service with due diligence in compliance with the provisions of the law applicable in the Republic of the Philippines on the protection of personal data and under conditions ensuring the security of processing of personal data.
XI. Intellectual Property Rights
- MBOX is the sole and exclusive owner of all copyright, trademarks, know-how and other intellectual property rights embedded in its Services.
- MBOX is the sole owner or lawful licensee of all the rights and interests in the Websites and the Website content. The Websites and Website content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Websites and Website content shall remain with MBOX, our affiliates or licensors of the Website content, as the case may be. All rights not otherwise claimed under the Terms or by MBOX are hereby reserved.
- “MBOX”, “MBOX Smart Lockers” and related icons and logos are trademarks or service marks of MBOX Smart Lockers Corporation and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- MBOX may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). Use of any trademark, service mark or logo of such independent third parties without prior written approval from such parties is strictly prohibited.