BOXUP GENERAL CONDITIONS (v.01.23)
|BoxUp SA, a limited liability company under Swiss law whose registered office is located at Avenue des Baumettes 9, 1020 Renens, has as its purpose the rental of sports and leisure equipment via a mobile application and connected Lockers.
|Locker Station / Lockers
|BoxUp manages Locker Stations installed on public and/or private spaces.
A Locker Station is composed of a multitude of closed and grouped Lockers on which the distinctive BoxUp brand appears. In the centre of the Locker Station is a terminal housing the electronic box that controls the opening and closing system of each Locker. A Locker contains Material.
|Equipment is an object, or a set of objects, dedicated to a sporting, recreational and/or leisure activity. BoxUp is the owner of the Equipment. This Equipment is intended for rental. The variety and quantity of Equipment available varies according to the demand of Users and the location of the Locker Station
|In order to allow automated access to the Material made available, BoxUp has developed the mobile application “BoxUp”. This Application allows any User to locate the Locker Stations, to find out the contents of each Locker, to rent the Hardware by requesting BoxUp to open the pre-selected Locker and finally to return the rented Hardware according to the procedure indicated.
|The rental of the Material is exclusively intended for the User of the Application, i.e. any natural person duly registered in accordance with these General Terms and Conditions and who has a personal account on the Application.
The purpose of the present general conditions of BoxUp (hereinafter referred to as “General Conditions”) is, on the one hand, to govern access and use of the Application by the User and, on the other hand, to define the contractual relationship between BoxUp and the User concerning the rental of the Material.
By registering on the Application, the User acknowledges that he/she has read, understood and accepted, without any reservation, the present General Conditions.
BoxUp reserves the right to modify these Terms and Conditions at any time. The modified terms and conditions will then be published on the Application. By accessing the Application again, the User shall agree to be bound by the modified Terms and Conditions.
- The User
Any person wishing to rent Equipment from BoxUp must first install the Application, register regularly according to the instructions mentioned, accept the General Conditions and be confirmed as a User. This status is reserved for any natural person, capable of discernment, enjoying civil rights and holding a valid identity document.
BoxUp may freely, and without giving reasons, refuse registration. Unless otherwise authorised in writing by BoxUp, the User may only have one account. Each account is personal and non-transferable.
The User chooses, during the registration process – or is given, in the event of a reset – a password enabling him/her to access his/her personal account. This password is strictly confidential. It must not be disclosed to third parties under any circumstances. The User is solely responsible for any and all activity that occurs under his/her account. It is the User’s responsibility to maintain the confidentiality of his or her password. The User is solely responsible for the use, retention and security of the password chosen, which he may change at any time on the Application. He shall thus be liable for any use of BoxUp services, even without his knowledge, by means of his password as well as for any damage resulting from the use, even without his knowledge or contrary to the instructions given, of his password. The User undertakes to inform BoxUp immediately of any undue access or attempt to access his account or if the security of the latter is compromised in any other way.
By registering, the User agrees to communicate certain personal information to BoxUp such as full name, age, postal address, e-mail address, standard identity document number and mobile phone number. The confidentiality and protection of the User’s data are governed by Article 11 of these General Conditions.
The User is solely responsible for the accuracy and completeness of the data he/she provides when registering on the Application. If necessary, the User shall inform BoxUp of any changes to the data he has provided, by requesting an update of his profile. BoxUp may at any time request additional information from the User, who is obliged to provide it. The User is responsible for any erroneous, incomplete or misleading information. BoxUp reserves the right to cancel or block, without giving reasons, the account of a User.
The User must provide a valid e-mail address to which certain communications relating to the rental may be sent in addition to those sent directly to his personal account. It is the responsibility of the User to maintain this address and to take note of e-mails sent by BoxUp. The User shall ensure that no e-mail from BoxUp appears in his/her “junk mail” box and, if necessary, configure it accordingly. Any communication made to the User by e-mail shall be deemed to have been received by the User on the effective date and time of sending.
It is the responsibility of the User to obtain access to the Internet via his/her device in order to use the services of BoxUp. The cost of mobile network data and any communication charges are the responsibility of the User. It is the responsibility of the User to acquire and update his/her device to access and use the Application. The User shall also be responsible for all updates to the Application. BoxUp does not guarantee that all or part of its services will work on the User’s device.
Our service is not intended for children under the age of 6. If you have reason to believe that a child under the age of 6 has provided personal information to BoxUp through the service, please email us at email@example.com. We will review any notification and, if appropriate, remove the personal information from our systems. If you are 6 years of age or older, but under the age of 16, you must have the consent of your parent or guardian to use our services.
- Terms and conditions of rental
After having regularly authenticated on the Application, the User may freely take note, through the interface of the Application, of the Material made available by BoxUp in its Locker Stations. The User has the possibility to select, via the Application, the available Hardware that he/she wishes to rent according to his/her location.
The User may then request, via the Application, the opening of the Locker containing the selected Hardware by pressing the “start activity” button. By doing so, the User begins his rental with BoxUp.
Once the Locker is opened, the User has 3 (three) hours to carry out his activity and complete it according to the procedure and conditions indicated on the Application. Any breach occurring during the User’s use must be notified using the form available on the application or by contacting the BoxUp user service from the “Help” section available on the application menu.
The user’s rental ends as soon as he/she has completed all the steps requested on the application by clicking on the “End activity” button.
It is the responsibility of the user to notify BoxUp, by electronic means or by telephone, of any defect or technical problem that may occur on the application or the equipment used.
Any breach or non-compliance with the conditions imposed will result in immediate suspension of the account.
In the event of non-compliance or proven damage to the stations or equipment made available.
- Rates and prices
The use of BoxUp is deemed to be entirely free.
- Obligations of the User
The User undertakes to take all necessary care of the Lockers and the rented Equipment and to use them in accordance with their intended purpose.
The User is entirely responsible for the use he makes of the rented Equipment and the Locker, both towards BoxUp and towards third parties. The User shall not be entitled to make any claim against BoxUp in the event of accident, theft, damage to others, damage or loss of the rented Material.
The User undertakes to return the Material made available to him in perfect condition (cleanliness and functioning) and, if necessary, complete if it is a set of objects. The costs of cleaning and restoring the Equipment may give rise to a penalty (see Article 9 of these General Conditions).
- End of rental and penalties
Rental of the Equipment ends when the User duly returns it to the Locker in which he/she took possession of it, in accordance with the instructions on the Application.
In the event of non-return, damage, incomplete return or return in poor condition of the Equipment, not reported by the User, will result in immediate suspension of the account.
BoxUp reserves the right to initiate criminal and recovery proceedings against users deemed responsible or in bad faith. Such proceedings may take place no later than 60 days after the conclusion of the rental contract with the User.
From the moment the penalty is communicated to the User by e-mail, the User has 10 days to object, failing which the User is deemed to have accepted the penalty. BoxUp is free to choose the amount of the penalty according to the seriousness of the events and the impact on its business, all related costs being borne by the User.
In the event of opposition by the User, BoxUp will decide again on the principle of the penalty and, if applicable, on the amount of the sum to be returned to the User. BoxUp reserves the right to call upon the competent authorities and all legal means at its disposal, in the event of aggravated or repeated disputes with the User.
- Complaint procedures
Any complaint may be made via the “Help/Problem” tab of the Application, by e-mail to firstname.lastname@example.org or by registered mail addressed to BoxUp’s headquarters.
The complaint must be made within 10 days after the reason for complaint has arisen.
Valid grounds for complaint, provided that they are exclusively attributable to BoxUp, are the following
- serious malfunction of the Application;
- malfunction of the Locker opening mechanism;
- malfunction of the system for returning the Material;
- a defect in the Hardware that may restrict the use for which it was made available;
- Exclusion of liability
All liability of BoxUp, its organs and its auxiliaries is excluded, except in cases of malice and gross negligence. BoxUp’s liability is also excluded for acts and omissions directly attributable to its auxiliaries and falling within the scope of cases of fraud and gross negligence.
BoxUp shall not be held liable in the event that its services are subject to malfunctions inherent in the use of the Internet and/or electronic communications. BoxUp declines all responsibility in case of error, interruption, or any other defect in the functioning of the User’s device.
BoxUp makes every effort to ensure that the information contained on the Application is reliable at the time of publication. BoxUp does not, however, warrant in any way the accuracy or completeness of the information contained on the Application and is not liable for any misuse in connection with such information. The Application and its contents may be changed at any time without notice.
BoxUp disclaims all liability in case of accident or theft while using the services and/or equipment made available to users.
- Confidentiality and data protection
The use of the Application and its online rental service requires the disclosure of personal data by the User. This data is made available exclusively to BoxUp or to natural and legal persons mandated by BoxUp, and this with all due diligence in compliance with applicable provisions on the protection of personal data.
The User agrees that data may be collected, stored and used by BoxUp in order to carry out its rental activities. The User may demand, at any time by simple written request, the consultation, modification or deletion of his/her personal data.
The User also consents to BoxUp using the data provided or using information collected anonymously, for the purposes of identifying trends, determining profiles, establishing statistics and improving the offer.
The data collected is in no way used for commercial purposes or shared with third-party companies for this purpose. BoxUp holds the sole and exclusive right to the user’s personal data (surname, first name, e-mail address, home address, telephone number) collected through the application and uses it for the following purposes:
– To provide, administer, maintain and/or analyze the services;
– To improve our services and conduct research;
– Communicate with users
– Develop new programs and services;
– To prevent fraud, criminal activity or abuse of our services, and to protect the security of our computer systems, architecture and networks for business transfers.
– To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or those of our affiliates, you or other third parties.
BoxUp declines all responsibility in the event of theft or destruction of personal data, except in the case of proven gross negligence.
In the event of the filing of a complaint, criminal proceedings or recovery proceedings initiated by BoxUp against the User or upon judicial request in the context of an investigation, BoxUp reserves the right to use and disclose the User’s personal data, as well as all evidence at its disposal, to the competent authorities.
We implement commercially reasonable technical, administrative and organizational measures to protect personal information online and offline against loss, misuse and unauthorized access, disclosure, alteration or destruction.
User data is stored on secure servers located in Switzerland. BoxUp reserves the right to collaborate with third-party data storage companies to guarantee the security of data processing and storage.
We will retain users’ personal information for a period of 36 months after the last effective use of our services, the user may request its deletion at any time in writing or via the application services.
- Copyright and trademark rights
The content (in the form of text, illustrations or otherwise) of the Application is protected by copyright law. All rights are held by BoxUp in its capacity as owner. Reproduction of all or part of the content of the Application in written or electronic form is only permitted with the express permission of BoxUp. It is forbidden to reproduce, modify or use (or to transmit or combine elements of) the Application for commercial purposes or distribution, except with the prior written consent of BoxUp.
All names and logos contained on the Application and/or visible on the Lockers are registered and protected trademarks. The Application is designed in such a way that no right or license may be granted for the use of an illustration, trademark or logo appearing on the Application. Downloading or copying the Application in whole or in part does not grant or create any rights in the software or material of any kind contained in the Application. BoxUp reserves all rights to the entire content of the Application, subject to the rights held by third parties.
In the event that any of the provisions of the General Terms and Conditions should be considered, in whole or in part, invalid, or ineffective under applicable law, the remaining provisions of these General Terms and Conditions shall remain valid and binding.
If a provision of the General Terms and Conditions should be wholly or partially ineffective, it shall be replaced by a provision that has economic and legal effects as close as possible to those of the ineffective provision.
The General Conditions constitute the entire agreement between BoxUp and the User with regard to access and use of the Application.
The General Conditions govern the contractual relationship – and form an integral part of the rental contract – between BoxUp and the User.
The fact that BoxUp tolerates breaches of one of the obligations provided for in the General Conditions, or does not invoke, exercise or implement a right that is recognised to BoxUp by the General Conditions or by the law, shall not be interpreted as a waiver on its part to avail itself of such right.
- Applicable law and jurisdiction
The present General Conditions as well as other legal relations between BoxUp and the User are governed exclusively by Swiss law.
The place of jurisdiction in case of dispute is Lausanne. BoxUp nevertheless reserves the right to act at the User’s place of residence.
ORIGINAL LANGAGE: FRENCH