BoxPlus Information Technology Company(BoxPlus), together with its platform software partner IQAX, provide Connected Reefer application (IBOX Platform Service), a container tracking and monitoring platform based on IoT technology to end users. Any user accessing and using the IBOX Platform Service (including the Mobile App) is subject to the following Terms of Use. By accessing, browsing and/or using the IBOX website, the user acknowledges that he has read, understood and agreed to be bound by these Terms of Use and agrees to comply with all applicable laws and regulations. If the user does not agree to these terms, please do not use IBOX Platform Service. BOXPLUS may revise these Terms of Use at any time, and the user will be bound by such revisions and should therefore periodically visit the website at http://www.iBoxPlus.net/tou_en.html to review any updated this agreement.
Users of the IBOX Platform (referred to as Users) (including and not limited to Direct Users (Buyer) who have signed a purchase agreement with BoxPlus for IBOX Platform Service, or Indirect Users who have been requested by Direct Users to grant access for their customers or suppliers, or Public Users who access the public resources of the IBOX Service Platform) are aware of and agree to.
1 ACCOUNT
1.1 Users shall not make any attempt to determine or obtain an account password assigned by BoxPlus to any third party or use an account password not assigned to a specific User to obtain information about any third party on the IBOX Platform.
1.2 The account and password for the IBOX Platform Service shall be kept secure and shall not be disclosed to any third party, and the User shall be responsible for all consequences resulting from improper storage or transfer of the account and password.
1.3 BoxPlus and its partners provide email verification codes to protect the security of the account, and the User shall bear all consequences due to improper use of the mailbox. Users who become aware of anomalies in their platform account passwords and associated email addresses shall immediately notify BoxPlus to take steps to deactivate their accounts on the IBOX Platform Service and shall protect BoxPlus from any complaints, claims and damages, liabilities, losses, damages and expenses arising from the disclosure of or in connection with, or subsequent misuse, alteration, misappropriation or fraudulent use of, such passwords and/or information, including and not limited to attorneys' fees
2 DATA
2.1 The Buyer has ownership of the data generated and derived from the equipment in the scope of purchase, and the transport documents and container handover information (including and not limited to bill of loading number, set temperature as required by the customer's booking, loading port, transshipment port, discharge port, pick-up of empty containers, return time of empty containers, etc.) in the IBOX Platform Service which provided by the Buyer.
2.2 The User authorizes BoxPlus and its partners to use the information provided by the User to identify and contact information related to its services and applications to establish value-added services for the User.
2.3 Data on the IBOX Platform Service, including and not limited to data collected by terminal devices (e.g. location, temperature, etc.), data derived from artificial intelligence (e.g. SMART PTI, estimated time of arrival, etc.), analytical reports, etc., are provided for User's reference and analysis only, and by using the data on this IBOX Platform Service, User agrees not to rely on any of the content, and User will evaluate and bear all risks associated with the use of all risks associated with the use of any such data.
2.4 BoxPlus cannot ensure that the data posted by the User to this IBOX Platform Service or any part thereof is accurate, up-to-date and true. The User acknowledges and agrees that BoxPlus cannot prevent persons who act falsely, nor can it prevent persons without legal capacity from using this IBOX Platform Service.
3 SERIVCE
3.1 BoxPlus and its partners may, in their sole discretion, add, change, modify, discontinue, delete or suspend any aspect of the IBOX Platform Service, including access to the IBOX Platform Service or any content items, without notice to the User. Use of the IBOX Platform Service following any change to the IBOX Platform Service will be deemed full acceptance of the changed IBOX Platform Service.
3.2 BoxPlus may, in its sole discretion, restrict, suspend or terminate User's use of and access to this IBOX Platform Service or any part thereof for any reason, and neither BoxPlus nor its partners or its affiliates shall be liable to User or any third party for any damages arising from the restriction, suspension or termination of User's use of or access to this IBOX Platform Service or any part thereof, or from the restriction, suspension or termination of use of and access to No liability for damages.
3.3 User will not use this IBOX Platform Service for any unlawful purpose or for any purpose prohibited by this Agreement, nor will User use or permit others to use this IBOX Platform Service or any part thereof, including its contents (including, without limitation, any technical data and Personal Data), for any unlawful purpose. User agrees to use this IBOX Platform Service in strict compliance with all applicable laws, rules and regulations and, subject to these IBOX Platform Service Terms by BoxPlus, will not adversely affect the goodwill and reputation of BoxPlus or take any action that would cause BoxPlus to violate the laws, rules and regulations applicable to BoxPlus.
3.4 Certain regional jurisdictions control the export of products and information. User agrees to comply with all such applicable restrictions and not to export or re-export any Content (including any software provided through this IBOX Platform Service) to countries or persons prohibited by applicable export control laws or regulations. If User accesses and downloads any Content (including any software provided through this IBOX Platform Service), User represents that it is not located in a country where export is prohibited or is not a person or entity to whom export is prohibited. User is solely responsible for compliance with the laws of User's local jurisdiction and any other applicable laws regarding the import, export or re-export of Content (including any Software provided through this IBOX Platform Service).
4 INTELLECTUAL PROPERTY
4.1 All intellectual property rights related to content or data associated with this IBOX Platform Service ("Intellectual Property Rights") are the exclusive property of BoxPlus, its affiliates or third party providers. The Content, including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, is protected by copyright and database rights and other laws in countries around the world. The content of this IBOX Platform Service is also protected by trade dress, trade secret, unfair competition and other laws and may not be copied or imitated in whole or in part. All trademarks and/or service marks, whether registered or unregistered, appearing in and/or on this IBOX Platform Service, including but not limited to "BoxPlus", are trademarks, service marks or trade dress ("Marks") owned by BoxPlus, its affiliates or other entities, and may not be used without the express written consent of BoxPlus. They may not be used or interfered with in any way. User acknowledges and agrees that (1) BoxPlus owns certain Intellectual Property Rights; (2) BoxPlus, its affiliates and third party information providers, including but not limited to advertising providers (if any), licensors and co-branders, have certain proprietary rights in their respective content, including copyrights, trademarks and/or service marks, whether registered or unregistered (including but not limited to the " BoxPlus" logo). (3) User is not granted any express or implied rights to any such content, and the posting of any data (including the display of any Marks) on this IBOX Platform Service shall neither constitute a waiver of any proprietary rights nor a transfer of any such rights by implication, estoppel or otherwise, nor shall it constitute a grant of any license to User or any third party.
4.2 The User agrees to keep all information relating to the Service, including its contents (including but not limited to the Company name), strictly confidential and agrees not to disclose such information to any third party unless:
4.2.1 Any information that has been published or is otherwise in the public domain, and that has been obtained through other lawful means at the time of disclosure.
4.2.2 Information that was available to the User prior to the User's access to such information using the IBOX Platform Service and that does not have additional restrictions against use and disclosure.
4.2.3 Information provided to the User by a third party without infringement of the rights of others or breach of confidentiality obligations with others, and without additional restrictions on use or disclosure;
4.2.4 Information that can be demonstrated to have been developed independently by the User without the use of confidential information.
5 PRIVACY
5.1 Collection of information and personal data
5.1.1 In order to provide a smooth, efficient and personalized service to Users while they are enjoying BoxPlus services, BoxPlus collects information from Users. Some of this information may be of a form or format that identifies you or another person ("Personal Data").
5.1.2 The more information a user voluntarily provides (the more accurate it is), the better BoxPlus will be able to serve the user.
5.1.3 The Service provides a number of non-interactive and interactive services. BoxPlus does not generally capture any Personal Data that Users may enter when using non-interactive services. If you visit the IBOX Platform Service to read, browse or download information, our system will record the date and time of your visit to the IBOX Platform Service, the pages viewed and any information downloaded.
5.1.4 Users authorize BoxPlus and its partners to automatically track certain Personal Data about Users based on their behavior on the IBOX Platform Service and to use such Personal Data to conduct internal research on Users' shipping preferences and behavior in order to better understand and serve Users. Such Personal Data will be aggregated and analyzed in accordance with this Privacy and Security Statement. Users understand and agree that BoxPlus has the right to commercially exploit the aggregated and analyzed Personal Data without disclosing Users'.
5.1.5 To use most of the interactive services offered by BoxPlus, the User will need to register as a User by providing Personal Data, including the User's name and contact information for the place of business, such as company name, email address and phone number. Users will have the opportunity to create a password for future access to the Services. Some users may access the Services as a corporate member rather than as an individual member. In such cases, the User's registration will be performed by the User's company administrator or by a party authorized by the User to provide the User's Personal Data and perform other tasks on the User's behalf. Users who wish to access the Service via SMS will be required to provide their cell phone number to support the SMS service.
5.1.6 Visitors to other IBOX Platform Service (registered or unregistered) may be asked to complete various online or offline forms requesting Personal Data such as name and email address in order to use other services or information provided by BoxPlus. When users provide Personal Data on IBOX Platform Service, BoxPlus will endeavor to provide links or other prompts to this Privacy and Security Statement on its website. If the user does not agree to provide the foregoing information, he/she will not be able to use other services or information provided by BOXPLUS.
5.2 The IBOX Platform Service may also contain links to third-party resources that may collect Personal Data from Users. If the User accesses or uses links to such third party resources, any information disclosed by the User in connection with such third party resources or any services offered by them will be submitted directly to the third party resources and will not be subject to this Privacy and Security Statement. Users should consult the privacy policy of the third-party resource regarding the third-party resource's treatment of any information disclosed by the user on that site or service. If these third parties collect information from users, they may share certain information with BoxPlus and partners as part of BoxPlus' agreements with these third parties.
5.3 BoxPlus and its partners may enter into a hosting agreement with one or more third parties to maintain and host this IBOX Platform Service or portions thereof, so that any information submitted by the User, including Personal Data, will be placed and stored on computer servers maintained by such third parties. By using this IBOX Platform Service and posting data to the IBOX Platform Service, User acknowledges that such data may pass through servers outside of BoxPlus’s control and may be accessed by administrators of BoxPlus and its partners and by server administrators of its third party hosts.
5.4 The User authorizes and instructs BoxPlus to transfer Personal Data to its suppliers and hosting providers ("Service Providers") in order for such Service Providers to provide BoxPlus with products and services related to the better operation and maintenance of the Service. BoxPlus will take all reasonable legal, technical and organizational measures to ensure that in any such transfers adequately protect the security of Personal Data.
5.5 Cookies
5.5.1 BoxPlus and its partners use "cookies" as a fundamental part of BoxPlus' interaction with users' Internet browsers, in order to provide users with a better personalized service and a more effective website.
5.5.2 A "cookie" is a small text file placed on the user's computer by BoxPlus and its partners web server. BoxPlus and its partners web server can retrieve cookies at a later time. most cookies are "session cookies", meaning that the "cookie" is automatically deleted at the end of the session.
5.5.3 Cookies may be set when a user registers or "logs in" and modified when the user "logs out" of BoxPlus' services. Each browser accessing the IBOX Platform Service now has a unique cookie that is used to determine the level of re-use and usage by registered users versus unregistered users.
5.5.4 Most areas of the IBOX Platform Service use cookies; therefore, if the User wants to make full use of the IBOX Platform Service, the User must accept cookies. if the User's browser is set to reject all cookies, the User may not be able to use certain services on the IBOX Platform Service that require cookies to participate.
5.5.5 The advertising networks (if any) that place advertisements on the IBOX Platform Service may also use their own cookies. these advertising networks may have their own privacy statements on their websites. Advertising networks whose websites are not covered by this Privacy and Security Statement or other terms of this Agreement are responsible for informing users of their own privacy practices.
5.5.6 In accordance with the requirements of the GDPR, BoxPlus and its partners have updated their cookie policy by adding more details. BoxPlus and its partners primarily use cookies for statistical analysis, to improve the user-friendliness and usability of the BoxPlus website, to customize content to users' interests, and to engage in social media. By accessing BoxPlus' website, users consent to the use of cookies by BoxPlus and third parties, as described in this agreement. BoxPlus reminds: users' rights of access, correction and deletion, data portability, objection and other Personal Data security complaints and reports can be sent a request to the email address
iboxsupport@iBoxPlus.net.
6 EXCEPTION CLAUSE
6.1 BoxPlus shall not be liable for any indirect, incidental, consequential, special, punitive damages, or loss of profits or revenue, loss of use of merchandise or systems, business interruption, capital costs, or downtime expenses of Buyer and/or other parties (including third parties), or claims for damages by Buyer against Buyer's direct or indirect customers. including, but not limited to, any indirect damages to Buyer's property arising from IBOX defects, whether or not Buyer has been advised of the possibility of such damages.
6.2 BoxPlus will not be liable for IBOX Equipment (i) if improperly used, handled, maintained, stored or installed by the Buyer, (ii) if used, handled, maintained, stored or installed by the Buyer, which is not in accordance with BoxPlus written instructions, or (iii) if modified or repaired in part or in whole with non-original parts.
6.3 BoxPlus shall have no obligation or liability for claims of infringement of patents, utility models, trademarks or names, designs, patterns, constructions or copyrights or other Intellectual Property Rights in the goods. The sale of goods or services by BoxPlus does not grant the Buyer a license to any Intellectual Property Rights, all of which are expressly reserved to their true and rightful owners.
6.4 In no event will BoxPlus cumulative liability to the Buyer, including direct damages arising out of or related to the mutual agreement between BoxPlus and the Buyer, exceed the price of the specific merchandise that is the subject and direct effect of such claim.
6.5 The existence of more than one claim against the particular commodity sold to the Buyer under this Agreement shall not enlarge or extend the limitations.
6.6 To the extent permitted by applicable law, the limitations set forth in this section will apply whether liability arises from breach of contract, warranty, indemnity, tort (including, without limitation, negligence), strict liability, fact, law or equity, or any other legal theory.
6.7 Buyer shall (i) indemnify and hold BoxPlus harmless from any and all claims and liabilities of any third party in excess of the limitations set forth in this Section, or (ii) require, for the benefit of BoxPlus, that the third party agree to be bound by all limitations set forth in this Section, enforceable by BoxPlus.
6.8 The Buyer understands and agrees that the foregoing exception clause in this Article are essential elements of this Agreement.
7 GOVERNING LAW AND JURISDICTION
This website and these Terms of Use and Privacy Agreement are governed by the laws of the People's Republic of China. Any dispute or claim arising out of or relating to this website, including these Terms of Use and the Agreement, shall be subject to the jurisdiction of the courts where BoxPlus is domiciled.