1. DEFINITIONS OF CERTAIN TERMS

The Company means Clickbox Inc., a corporaiton incorporated under the laws of the State of Delaware.

Sender means any legal entity or individual indicated in the Consignment Note as the “Sender,” who deposits a Parcel with the Company for shipping, handling and delivery to the Recipient.

Declared Value means the amount specified by the Sender in the Consignment Note or on any other document.

Branch office means a physical location, which may be a third-party office or storefront, which is designated by the Company to accept and release the Parcels.

Parcel means a package containing properly packed contents or cargo, which may be lawfully ttransported across United State and Internaitonal boarders, together with the necessary and accurate information for Customs Clerance and delivery.

 

Recipient means any legal entity or an individual, specified in the Consignment Note or any other document, as the recipient of a particular Parcel.

 

Regulations means any regulations, rules, statutes or laws of any applicable jurisdiction, as periodically amended, which may affect the Company’s obligations to deliver the Parcels and the relationship between the Company, Sender and Recipient.

Parties means, collectivelly, the Company and the Sender.

Customs Value means the value of the contents of the Parcel for the purposes of Customs Clearance.

Customs Clearance means reasonably necessary steps, which may need to be undertaken in order to allow the entry of a Parcel into any particular jurisdiciton, in accordance with such jurisdiciton's laws and regulations.

Consignment Note means any transport document, including, but not limited to, bill of lading, marking, stamp, electronic record, or other similar document used in connection with the services provided to the Company.

Delivery Time means the estimated delivery time of from the place of departure to the Recipient, subject to any conditions outside of the Company’s control that may affect such Delivery Time.

Working Day means any day during which business transactions are carried out in the jurisdiciton of departure or in the jurisdiction of destination, taking into account local legislation, as well as local business customs.

 2. SERVICES

2.1. The Company shall undertake, on behalf of the Sender, at the Sender’s sole cost and expense, to arrange the shipping, handling and delivery of a Parcel (the “Services”).

 

2.2 The Sender shall pay the Company such rates as may be determined by the Company for the Services.

2.3. The Company shall undertake good faith efforts in order to effectuate the transport of a Parcel to its intendent Recipient. The Company shall, in its sole and asbolute discretion, determine the route and mode of transport (road, rail, river, sea, air, other).

2.4. The Company shall dispay the relevant information about the shipping, handling and delivery status of a particular Parcel on https://boxmustgo.com. The Company shall have the right to unilaterally make changes to such information without notifying the Sender or the Recipient.

 

2.5. The information available on https://boxmustgo.com, shall be limited to viewing by the Sender.

 3. OBLIGATIONS OF THE PARTIES

3.1. The Company shall:

3.1.1. Provide the Services in accordance with the terms and conditions of this Agreement.

3.1.2. Undertake resonable steps to ensure the safety of the Parcels.

3.1.3. Store the Parcels in a Branch Offices (if the Sender slects the apporpiate option in advance) nearest to the Recipient’s locality for five (5) Working Days.

3.1.4. Notify the Recipient of the arrival of the Parcel, using the information and method of contact provided by the Sender, who shall be solely responsible for providing the Recipient’s accurate contact information. 

3.1.5. Undertake resonable steps to deliver the Parcel to the Recipient (if the Sender selects the appropriate option in advance).

3.2. The Sender shall:

3.2.1. Submit only such Parcels the contents of which and the shipping, handling and delivery of which shall not violate the terms and conditions of this Agreement or any applicable Regulaitons.

 

3.2.2. Submit only such Parcels as are properly packaged and labeled under the terms and conditions of this Agreement or any applicable Regulaitons.

3.2.3. Provide the Company with the accurate documents concerning the Parcel, as the Company may require for Custom Clearance and to comply with any other Regulations.

3.2.4. Pay the Company for the Services in advance.

3.2.5. Pay the Company, prior to the Parcel being released to the Recipient, for the storage of any Parcels, pursuant to the terms and conditions of this Agreement.

3.2.6. Issue any resonably required authorization or other documentation to the Company and provide additional  documentation concerning the Parcel to any third party.

 

3.2.7. Be in possession of all licenses, authorizations or other documents necessary to ship, handle and deliver the Parcel submitted to the Company, if any such Parcel, or its contents or cargo, require licenses, authorizations or other documents under any applicable Regulations.

 4.                    TYPES OF SERVICES

4.1. The Company shall provide the following types of services:

4.1.1. "Branch Office to Branch Office” After the Parcel is deposited by the Sender at a local Branch Office, the Company shall deliver the Parcel to a Branch Office nearest to the locality of the Recipient. It is the Recipient's obligaiton to retrieve the Parcel from such Branch Office and execute and/or deliver any such documents as may be resonably requested by the Company.

4.1.2. "Branch Office to the Recipient" After the Parcel is deposited by the Sender at a local Branch Office, the Company shall deliver the Parcel directly to the Recipient. At the time of such delivery, the Recipient shall execute and/or deliver any such documents as may be resonably requested by the Company. The Company, at its sole and absolute discretion, may deliver the Parcel to the Recipient’s location without requiring the Recipient to execute any documents.

 5. RATES AND ESTIMATED TIMES OF DELIVERY*

 

 

*The delivery times above are estimates. They do not include any inspection time or any time that a Parcel may be detained in customs.

 6.PACKAGING AND LABELING

6.1. The Sender shall package each Parcel suitably for standard shipping, handling and delivery of such Parcel, and in accordance with all the applicable Regulations and the requirements of this Agreement.

6.2. Packaging of a Parcel shall:

- be suitable for the contents and ensure its safety;
- be sufficient to protect it from damage during shipping, handling and delivery;
- be designed to prohibit access to the contents without removing the packaging material;

- be clean and dry;

- be placed in such a way as to fill all empty space inside the Parcel with appropriate packaging materials;

- contain special signs or handling instructions, if the contents in the Parcel requires special handling or transport conditions;

- not have outside shipping labeling other than that provided by the Company;

- not in any way combine two or more boxes into one Parcel.
 - exclude the possibility of negatively affecting other shipments, cargo or Parcels and causing any harm to the property and employees of the Company.

 

6.3. The Company has the right to open and inspect any Parcel without prior notice to the Sender.

6.4. The Sender must provide complete and accurate information about the contents of the Parcel. The Company shall not liable to the Sender for any damages in the event of the Sender’s failure to provide complete and accurate information to the Company.

6.5. All the Parcels should be labeled with a clear and legiable markings, indicating the postal addresses (name, street address, city, country), including postal codes of both the Sender and the Recipient. In the case of international Parcels, the Sender's address must include the country of destination.

 

6.6. The Company has the right, in its sole and absolute discretion, to add additional packaging to the Parcel or to repackage the contents of the Parcel into another shipping container.

 7. RETURN, STORAGE AND DESTRUCTION OF THE PARCEL

7.1. In the event that the service selected is Branch Office to Recipient, and if after three attempts the Parcel failed to be delivered for reasons beyond the Company’s control, the Company shall attempt to contact the Sender for further information. In the event that such an attempt fails or if the Sender does not respond within a reasonable time, then, at the discretion of the Company, it may return the Parcel to the Sender, place it in the warehouse, or destroy the Parcel. The Sender shall be responsible for payment of all costs, charges and payments incurred by the Company in connection with returning, holding or destruction, as the case may be, of such Parcels. In the event of the return of the Parcel, any fees due shall be paid by the Sender prior to such return.

 

7.2. In the event that the service selected is Branch Office to Branch Office, and in the event that the Recipient fails to pick up the Parcel within one week from the delivery of same to the Branch Office, then the Company shall attempt to contact the Sender for further information. In the event that such an attempt fails or if the Sender does not respond within a reasonable time, then, at the discretion of the Company, it may return the Parcel to the Sender, place it in the warehouse, or destroy the Parcel. The Sender shall be responsible for payment of all costs, charges and payments incurred by the Company in connection with returning, holding or destruction, as the case may be, of such Parcels. In the event of the return of the Parcel, any fees due shall be paid by the Sender prior to such return.

 8. PROHIBITED ITEMS

8.1. The Company shall have the right not to accept Parcels for shipment, handling and delivery in the event that the weight of such Parcel exceeds 31 kg/69 lb and/or the Declared Value exceeds $ 1,000.00.

8.2. The Company and the Sender has the responsibility to comply with all the applicable Regulations. Therefore, if additional requirements are imposed on the shipping, handling and delivery of the Parcel, the Company shall have the right not to accept the Parcel (if it violates the laws and regulaitons of the jursidction from which the Parcel would be shipped) or refuse further delivery of the Parcel (if it violates the laws and regulations of the jursidiciton to which the Parcel would be shipped). Parcels that cannot be delivered because of local customs regulations or other legal restrictions, shall be placed in an ordinary or customs warehouse, and may be destroyed, at a time and by method exclusively at the Company’s election. The Sender  shall pay all costs that may be incurred by the Company in connection with such holding and destruction. In such a case, the Company has the right to recover from the Sender any direct or indirect costs incurred by the Company as a result of the shipping and handling, storage and disposal of such Parcel.

8.3. The Company has the right not to accept Parcels that contain certain types of items. In addition, if during the shipping and handling of the Parcel, it turns out that it contains a certain prohibited item, the Company may refuse to deliver the Parcel. In such an event, the Company may, in its sole and absolute discretion, return the Parcel to the Sender or destroy it, and to recover from the Sender any direct and indirect costs incurred by the Company as a result of the shipping and handling, storage and destruction of such Parcel.

 

8.4. Parcels containing the items set forth in Schedule A, annexed hereto and made a part hereof, are not accepted for shipping, handling and delivery.

 

8.5. Parcels containing the items which may violate any Regulations are not accepted for shipping, handling and delivery.

 8.6. Regardless of the content, the Company shall have the right to refuse delivery of the Parcels in the event that:

- the address of the Recipient cannot be located;

- the Recipient's address is outside the service area of ​​the Company;

- it may be impossible to carry out Customs Clearance of the Parcel;

- delivery is impossible due to the Recipient  not being available; and

 

-      any other good faith reason, including, but not limited to, reasonable suspicion by the Company that the shipping, handling and delivery of the Parcel may violate the Regulations.

 

8.7. The Company may, in its sole and absolute discretion, check the contents of any Parcel for compliance with this Agreement, the Regulations, and the description of the contents on any documents completed or provided by the Sender. Nothing herein shall be interpreted to impose an obligation on the Company to open or inspect any Parcel and check its contents.

 

8.8. In the event that the Sender violated the Regulations or this Agreement, then the Company shall have the right to retain the Parcel in its posession. Moreover, the Company shall have the right to retain any other Parcel provided by the Sender, in the event of any such violaiton, or in the event that the Sender owes the Company any payment under this Agreement. In the event that the Company does reain such a Parcel, the Sender shall be repsonsible for paying such storage fees as may be charged by the Company and any other fees that the Company may incur as a  result of such retention, pursuant to Article 7 of this Agreement.

 9. CUSTOMS CLEARANCE

9.1. Parcels crossing state or international borders may be subject to Customs Clearanceor other duties or levies  in accordance with the applicable Regulations.

9.2. The Sender hereby authorizes the Company to arrange for the Customs Clearance of the Parcel, acting on such Sender’s behalf and at such Sender’s expense. The Sender’s further authorizes the Company to pay all the the necessary expenses associated with Customs Clearance and to provide all information and documents received from the Sender which may be required for Customs Clearance.

9.3. The Company shall have the sole and absolute discretion as to how Custom Clearance is effectuated, provided that it is done in accordance with the Regulations.

 

9.4. The Sender shall provide the Company with all the documents necessary for the Customs Clearance.

9.5. If the documents provided by the Sender contain inaccurate information, or are defective in any other manner, then the Company may, but is not obligated to, attempt and obtain the corrected documentation from the Sender, at the sole cost and expense of the Sender. In such an event, if the Sender does not provide the required documents, then the Company may deem the Parcel to be ineligible for delivery and dispose of it pursuant to Article 7 of this Agreement. The Company is not responsible for the Parcels left at a customs office due to the failure of such Parcel to pass Custom Clearance.

9.6. The Customs Value is determined on the basis of the declared Customs Value of the Parcel, unless otherwise specified by the Sender, or determined by customs officials.

 10. RESPONSIBILITY

10.1. The Company shall not be liable to the Sender, the Recipient, or to any other party, in the event that:

- the Parcel delivery has not occurred because the Parcel is improperly addressed;

- the Parcel does not conform to the requirements set forth in this Agreement or in any Regulations;

- in the event that, at the request of the Sender or the Recipient, the date or place of delivery has been changed;

- in the event that the Recipient fails to pick up the Parcel, or fails to provide the information or documents necessary for Custom Clearance or for compliance with any Regulations, or fails to pay any amounts due in connection with the delivery of the Parcel.

10.2. The Company shall not be liable for any actions undertaken by any customs authorities or other governmental agencies, including, but not limited to, opening and examination of any Parcels or other actions which may cause delivery delays.

 

10.3. The Company shall not be liable in the event that the inability to properly or timely deliver the Parcel is a result of the Sender’s or the Recipient’s action or omission.

 

10.4. The Sender shall be responsible for accurately preparing any and all required documents. If the Sender fails to state the Declared Value, then the Declared Value shall be deemed to be $200.00, unless otherwise determined by customs officals. In the event that the Sender states that the Declared Value is above the maximum allowed by the Company, then the Declared Value shall be deemed to be the maximum allowed by the Company. The Company shall have the right to refuse any Parcel with the Declared Value of over $1,000.00.

 

10.5. Sender shall be solely liable if the contents of the Parcel cause any damage or harm to the Recipient or to any other party or to any property.

 11. DATA PROTECTION

11.1. The Company, when performing data processing, which includes collection, storage, processing and transfer of data of the Sender and the Recipient, does so solely for the purpose of providing the Services.

11.2. The Sender agrees to the Company processing and retaining data, provided by the Sender.

 

11.3. By providing the Recipient’s personal data to the Company, the Sender confirms that the Recipient has also consented to the Company processing such data as described herein, and that the Sender has all necessary permits and approvals to provide such data and has complied with all relevant Regulations by transferring the Recipient's personal data to the Company.

11.4. The Company, when processing data, shall:

- do so in accordance with applicable Regulations;

- make all reasonable efforts to exclude the transfer of data to third parties, except as necessary in order to provide the Services.

 12. FORCE MAJEURE

12.1. Except for any payments owed hereunder by the Sender, if the performance of any part of this Agreement by the Company is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, acts of terrorism or war, labor disputes, acts of God, actions or omissions by third parties or any other causes beyond the control of the Company (“Force Majeure Event”), then the Company shall be excused from such to the extent that it is prevented, hindered or delayed by such Force Majeure Event.

 13. INDEMNIFICATION; LIMITATION OF LIABILITY; LIMITATION OF WARRANTIES

13.1. The Sender shall defend, indemnify and hold the Company, its affiliates, officers, directors, employees and agents, harmless against any government or third-party claims, actions or proceedings and associated damages, losses, charges, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising in connection with the Sender’s: (i) breach or default under this Agreement; (ii) violation of law of any jurisdiction or of any Regulations; and/or (iii) negligent acts or omissions, fraud, misrepresentation, and/or willful misconduct.

13.2. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY AND TO THE MAXIMUM EXTENT ALLOWED BY THE APPLICABLE LAWS OF ANY APPLICABLE JURISDICTION AND THE REGULATIONS, THE COMPANY’S LIABILITY TO THE SENDER OR TO ANY THIRD PARTY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE SERVICE FEES ACTUALLY PAID BY THE SENDER. NOTWITHSTANDING THE FOREGOING, EXCEPT WITH RESPECT TO THE SENDER’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANY OTHER PARTY FOR ANY INCIDENTAL, INDIR