Terms of Use for Sharebox APP

BY DOWNLOADING AND USING THE SERVICE YOU ACKNOWLEDGE TO HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND COMMIT TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Terms of Use of App

Last updated 14.06.2017

  1. ABOUT THE SERVICE

The Sharebox application (App) is a sharing service delivered by Sharebox AS («SBAS»). The application is designed for mobile use. You can find more information about Sharebox AS’s services at www.sharebox.no. Contents and services on the App, as well as general terms that are described below, will continuously be updated as required and can at any time be changed by Sharebox.

Continued use of App is dependent on acceptance of updates and/or significant changes to the terms of use of the App. The App is available on Apple App Store and Google Play.

  1. AGREEMENT

2.1 THE AGREEMENT’S PARTIES

The parties of this agreement («Agreement») are you as a user («User») and Sharebox AS (SBAS), Vesterveien 173, 4817 His, company number 916 660 626.

2.2 Who can use Sharebox

All these conditions must be met for you to use Sharebox:

  • You must have a verifiable credit card «Monetary source».
  • You must have a mobile device with a Norwegian phone number. The service does not support hidden caller IDs. If you have a hidden number, you cannot use Sharebox.
  • Your mobile device must support iOS 9+.
  • You must download and follow the instructions in the Sharebox application.
  • You must have an email address.
  • You must be over 15 years of age. If you are between 15 and 18 years of age, you can only transfer funds you have earned yourself.
  • You must be familiar with and accept this Agreement.
  • SBAS needs to accept the agreement with you as a user.

You can find more detailed information about which mobile devices and payment cards you can use with Sharebox on www.sharebox.no.

  1. USE OF Sharebox

3.1 You can use Sharebox to:

  • temporarily rent a lockable box to keep minor items for sender and recipient
  • pay for the service via the Monetary source
  • charge your mobile device free of charge

3.1.1 Restrictions to your right to use

The service is delivered to you “AS IS” for your information and for the intended and permitted user. Without written consent from Sharebox, it cannot be downloaded, copied, reproduced, distributed, transferred, broadcast, showed, sold, offered under license or utilised in any other way than the use provided through the included functionality of the service’s purpose. Sharebox reserves all rights that are not explicitly given by and in the service. Furthermore, SBAS reserves the right to terminate any part of the service at any time, for any reason. Abusing the service is not allowed. It is not allowed to use Sharebox for illegal, criminal activities or other illegal conduct which is contrary to the applicable laws and regulations.

3.2 Registration and identification of sender

Prior to using the service, you need to create a user profile in the Sharebox App, and connect to the Monetary source. At initial registration, you identify yourself by completing the registration process in Sharebox. SBAS will verify your identity through phone number and SMS code. After registering, SBAS will create a user connected to your user profile in Sharebox. The account is personal, and the registered «Monetary source» will be charged for as long as the tenancy is ongoing.

REMEMBER TO CLOSE THE HATCH PROPERLY!

The tenancy and the costs start from the moment you rent a box and open the hatch. The tenancy concludes by closing the hatch/locker door after the rental period has ended.

The tenancy continues as long as the hatch/locker door is open. It is the user’s responsibility to make sure that this is closed after use, otherwise the rental costs for the box will continue.

SBAS has as far as possible informed about this and is omitted from the additional costs if this happens. For the security of all users, Sharebox is dependent on you giving accurate access authorizations and SBAS will only accept access approved by you.

When the object is placed in Sharebox at the location, you accept that the item can only be reached by you and your authorised recipient according to access protocols at the location. In the event of a cancellation of the transfer, the sender can collect or give a third party permission to collect the object on behalf of the sender.

3.3 Registration and identification of recipient

To use the service, you search for the recipient’s phone number or name from your contact list. If the recipient is not a Sharebox user, the recipient will receive information about registering to be able to receive information and use of Sharebox. When you use Sharebox, your name, phone number and any messages will show in the recipient’s Sharebox application. It is not possible to use the services provided by Sharebox anonymously.

  1. PAYMENT ORDERS

4.1 Outgoing payments

When you have confirmed a service/time period you give Sharebox authorization to conduct or reserve your payment from your Monetary source. Costs by use of credit card as payment source can incur, and are regulated by the agreement between you/user and the card issuer.

4.3 Errors in payment transactions

When you have confirmed an outgoing payment order in Sharebox, the payment is final and cannot be recalled. If you believe a payment order is not approved by you, you have to use the right to appeal which is described in section 9.2 about claims. Also, the erroneous charges that are caused by SBAS are regulated by the rules in the Financial Contracts Act Paragraph 32.

4.4 Rejection of payment orders

If statutory and contractual terms to conduct usage are not met, SBAS will reject the order. Sharebox will for example reject orders with insufficient funds in the Monetary source, as well as with suspicion of abuse, fraud or other circumstances which are punishable according to Norwegian law. Such use is considered a substantial breach of the Agreement which gives SBAS the right to terminate this Agreement, cf. section 6.4.

4.5 SBAS’s responsibilities for payment orders

Sharebox will charge the Monetary source according to the service used, even if this exceeds the original order. If SBAS makes a mistake in connection with costs, SBAS will refund the difference. SBAS cannot be held responsible for losses, errors or delays that are caused by unforeseen circumstances beyond SBAS’s control. SBAS are not responsible for errors you have made when you have made an order, SBAS are for example not responsible for the wrong recipient, wrong phone number, wrong order or similar. When you have been charged for a service from SBAS, you will receive a confirmation for the order and charge.

4.6 Sharebox’s responsibilities for belongings

Where belongings are stored in Sharebox, it is the user’s responsibility to ensure these are covered by their own insurance. SBAS cannot be held responsible for losses that are caused by circumstances beyond SBAS’s control, which SBAS not could foresee or avoid the consequences of. Unforeseen failure in other systems delivered by third parties which are necessary for SBAS to function will always constitute such circumstances.

Furthermore, you acknowledge and agree that SBAS cannot guarantee continuous physical access to the objects in the box and that physical access is subject to operating hours and conditions at each location. You accept that SBAS has the right to access and move objects in the box when they find it necessary to operate the service or to maintain equipment. The Sharebox can at any time be subject to inspection. In the event of change of location, the user will be notified, and the user has the opportunity to collect objects or be informed about new/changed location.

4.7 Sharebox’s responsibilities for subsequent costs

Sharebox has no responsibility for costs or economic loss following damages, loss or delays as well as circumstances restricted by the host location’s laws and regulations. Neither can SBAS be held responsible for losses caused by circumstances beyond SBAS’s control that SBAS not could foresee or avoid the consequences of. Errors or delays that are caused by failure in the telecommunication networks or unforeseen failure in other systems delivered by third parties will always constitute such circumstances.

4.8 Sharebox’s property

Sharebox® (and its licensors and licensees, where applicable) is the owner of all rights, titles and interests, including intellectual property rights in and of service and equipment.

Any suggestions, ideas, feedback, advice or other information provided by you or any other party in connection to the service or equipment are owned by Sharebox.

Nothing in this agreement constitutes or is to be interpreted as a sale of the service or of equipment, or of any intellectual property rights connected to this, except to the extent it is expressly stated in SBAS’s plans. SBAS owns the copyright, service marks and trade marks (“trademarks”) shown on the website, equipment, advertising and containers, and unauthorised use of the trademarks are strictly forbidden. SBAS reserves all rights not expressly stated here.

4.9 SBAS’s limitations of responsibility

You acknowledge that by storing and sharing access to an object in a Sharebox location, you knowingly give control and/or possession of the object to an individual. SBAS cannot monitor this individual, and thus cannot guarantee that the object not will be a target for theft or be used to harm you, your values or a third party.

  1. AMOUNT TRESHOLDS AND PRICE

You will find more information about the price matrix and maximum rental amount/time limit in the Sharebox application and on www.sharebox.no. You will regardless not be charged for amounts exceeding the spending limits associated with the Monetary source or the amount you at any time have disposable on the Monetary source you have connected to Sharebox.

  1. YOUR RESPONSIBILITY FOR USAGE OF SHAREBOX®

6.1 Correct information

You will not provide false personal information, or create a user account for anyone other than yourself without permission. This is according to the penal code. You cannot create more than one personal user account. If we deactivate your user account, you cannot create a new account without our permission. You are responsible that the information you give to Sharebox is complete, correct and updated. If your information changes, it is your responsibility to correct the information in the Sharebox App or at www.sharebox.no. It is your responsibility to provide the correct name, phone number, card number, account number and the equivalent. Sharebox does not review this.

6.2 Personal codes / password

Sharebox is a service exclusively for personal use, and you must not entrust access to assigned boxes to anyone other than the chosen recipient. It is your responsibility to ensure that no one else gets access to your mobile device and to Sharebox®. You will under no circumstances give codes or other security information to anyone, nor to Sharebox. If any third party asks you to provide information that can be used to obtain access to the app, you shall consider this as an attempt at fraud. It is your responsibility to refuse disclosure of this information, as well as reporting the matter to the issuing bank or financial institution the Monetary source is connected to. If your mobile device gets stolen, lost or you suspect unauthorised usage of Sharebox, you shall without unreasonable delay report the matter regarding the Monetary source for possible suspension until further notice. You accept that information, including your customer information, can be hacked and that it is your responsibility to manage the security of your account. You agree that you, to the extent that the law permits it, take the risk following the use of the service.

6.3 Legitimate usage

You cannot use Sharebox in violation of current Norwegian law. Nor can you can use the service in violation of the Agreement. You cannot use Sharebox on a mobile device that is modified, for example jailbreaked/rooted. SBAS will therefore consider use of these devices as a serious breach of the terms of use of the app, which has implications for your responsibility as customer in case of abuse of this reason. You will be held financially responsible if you intentionally or negligently damage or destroy the locker, or any other object in the locker caused by misuse.

6.4 Consequences of misuse

If SBAS has reasonable cause to believe that the service is being used in violation of Norwegian law, exceeds the agreement period or by missing settlements or circumstances that otherwise are covered by this Agreement, SBAS has the right to cancel your use of Sharebox. SBAS has no obligation to notify you before cancellation, but will strive to carry out such notification and give you an opportunity to rectify the situation if possible. By exceeding the time limit or insufficient coverage of costs, a manual wipe of the unit will be covered by the user. This tariff is set at NOK 2500. Any content will be delivered to the police as lost property or shredded.

6.5 Confidentiality

“Confidential information” means all information you can receive as a customer or in business discussions or relations with SBAS, which is technical data or knowhow of SBAS included but not limited to any confidential and proprietary business secrets, hardware, software (source code and object code), specifications, design, plans, drawings, data, prototypes, findings, research, development, processes, procedures, intellectual property rights, market surveys, marketing techniques and plans, business plans and strategies, customer names and other information associated with customers, pricing policy, custom price lists, commission arrangements and financial information or other business and/or technical information and material, orally, demonstratively written, electronic, graphic or machine-readable form and any analyses, studies or documents. You agree to keep this information strictly confidential and not to reveal or use it for anything other than to perform your duties under these terms. This section 6.5 will survive any termination of the Agreement.

  1. COMMUNICATION AND STORAGE OF DATA

7.1 Electronic communication

By entering this Agreement, you accept that the Agreement will be concluded by electronic means and that the same applies for changes to the Agreement. You accept that SBAS can communicate directly to you in Sharebox, to the phone number you have provided or the provided email address.

7.2 Storing and use of data

Registering in Sharebox generates various data:

  • Which mobile device you are using and the device’s operating system
  • Your and the recipient’s Monetary source and account number, phone number and date, as well as recipient’s phone number and any messages
  • Transaction history

Registered data will be used to manage the customer relationship and improve the service, and will be stored for your safety as documentation of your usage. Information that can be connected to you as a person will not be shared with any third party unless stated in this Agreement or authorised by law. When you download and register in Sharebox, a code that identifies your phone will be generated.

This code can be shared with third parties when you open Sharebox. The code is encrypted and is used for marketing purposes. It does not include information about your transactions.

7.3 Contacting SBAS about Sharebox

Regardless of what the inquiry concerns, you can contact SBAS for help and information at: www.sharebox.no, or on phone number +4740434400. Notice of loss of mobile device or notice of suspension of Sharebox must be delivered via phone +4740434400.

  1. PERSONAL INFORMATION

8.1 THE TREATMENT’S PURPOSES

Sharebox treats your personal information in accordance with the Personal Data Act. The purpose of Sharebox’s treatment of personal information includes the following purposes: customer management and marketing or prevention and detection of punishable offenses. Sharebox will treat personal information to the extent it is permitted by law, or you have consented to such treatment.

8.2 Right of access

SBAS will receive personal information registered in Sharebox mainly directly from you.

You may submit to SBAS a written and signed request to demand access to registered personal information and a description of which types of information are being treated, and receive closer information about the company’s treatment of the information.

8.3 Disclosure

All of your information is confidential unless otherwise decided by law.

Registered personal information will only be disclosed to public authorities and other third parties when this follows statutory duty or right of disclosure.

8.4 Customer management and marketing

SBAS will inform you about new products, services, etc. If this is not of interest, you can by request to SBAS demand your name is suspended for use in such marketing purposes. We will give you further notice prior to making changes/updates to these terms. Your continuous use of the Sharebox application after changes to our terms constitutes your agreement to the changed terms.

8.5 Prevention and detection of punishable offenses

SBAS will treat personal information with the intention of preventing, detecting, resolving and handling fraud and other punishable offenses. The information will be delivered to the police and other public authorities on request. The storage period will be up to ten years after registration. Sharebox will treat personal information to meet the investigation and reporting obligations as we are required to report suspicious information and transactions to the police.

8.6 Correction and deletion

Sharebox will delete or anonymise registered personal information when the purpose of the individual treatment is fulfilled, unless the information will or can be stored by operation of law. Within the restrictions provided in the Personal Data Act, the customer can demand to have inconclusive and unnecessary personal information corrected or deleted.

  1. GENERAL CONDITIONS

9.1 Right of withdrawal

By the right of withdrawal, you can terminate the Agreement within 14 days after entering it. Sharebox can at any time be deleted, unless there are ongoing transactions. You can therefore not use the right of withdrawal to reverse a payment for the service.

9.2 Claim

If you believe SBAS have completed a transaction you have not approved, SBAS are to document that the transaction is authenticated and correctly registered or affected by technical failure or other failure. If you still think SBAS are responsible, SBAS are to reimburse the amount and replace the overloaded amount with interest from the debit date, provided that you submit a reimbursement claim without unreasonable delay after you were or should have been made aware of the issue, and at the latest 3 months after the debit date. If you suspect that you have been subjected to an offense in connection to a transaction, SBAS can demand that you report the issue to the police.

9.3 Counterclaim

SBAS will counterclaim any objects and take the pledge for the content in the Sharebox to cover overdue claims not covered by the Monetary source. SBAS can exercise the right of retention (empty the box) in the event of missing payment.

9.4 Duration and termination

The Agreement endures as long as SBAS offers Sharebox. SBAS can choose to terminate Sharebox with two months’ notice. SBAS can terminate the Agreement with you with two months’ notice, or, if you have breached the Agreement, without notice. If you wish to terminate the Agreement, you can do this by contacting SBAS. Note that the agreement continues even if you delete Sharebox from your device. If you do not use Sharebox over a twelve-month period, SBAS can choose to deactivate your Sharebox profile.

9.5 Changes to the Agreement

SBAS can change the Agreement without notice. The terms of the Agreement current at any time will be available in Sharebox and at www.sharebox.no. Changes which are not beneficial for you can only be completed with two months’ notice. If you do not wish to accept changes to the Agreement, you have to terminate the Agreement and end your use of Sharebox. Your use of Sharebox after a change to the Agreement is considered as your consent. Changes to the registration procedures to safeguard legal requirements, safety requirements or to prevent illegal activity can be conducted without notice. You can at any time contact SBAS and request these terms to be forwarded to your e-mail.

9.6 Circumstances beyond SBAS’s control

Sharebox’s obligations under this Agreement cease temporarily if circumstances arise beyond Sharebox’s control and which SBAS could not reasonably foresee or avoid the consequences of and which preclude fulfilment of the Agreement. The same applies to circumstances that are caused by statutory changes or orders pursuant to law.

9.7 Dispute settlement

This Agreement is governed by Norwegian law. In the event of a dispute where you disagree with SBAS and we don’t resolve the matter to your satisfaction, you can bring the dispute before the Consumer Council. Inquiry to www.forbrukerradet.no.

9.8 Rights and trademark

All rights of trademark and hallmarks in the application belong to Sharebox.

Trademarks and hallmarks belonging to Sharebox cannot be used without written consent from Sharebox. This also applies to usage of brand name, logo or signs associated with Sharebox in advertising and promotion. It is neither permitted to use Sharebox’s trademark, hallmark or company name in such a way that a false result shows up in a search engine, for example in meta tags or other hidden text.

9.9 Copyright

The application relates to Norwegian law on privacy and copyright. It is a Norwegian court that regulates any disputes between users of the app and Sharebox. Any disputes are settled in Norway. All content on the app, for example text, graphics, icons, pictures, videos and software, are owned by Sharebox, or have been licensed to use by Sharebox, and are protected by copyright or similar international regulations. Any reproduction of material, or parts of it, requires a written consent from the licensee. The content on the app can only be used for private use. For other use of material from the app, such as copying, reproduction, sale, transfer or commercial utilization, a consent from the licensee is required.

9.10 Translation

Sharebox can publish translations of the English version of the terms of use to some of the languages the customers use. All such translations are given to you as a convenience. You and SBAS agree that only the English version of the terms regulates your agreement with SBAS. Any translation of these terms to another language than English shall be of no force or effect, and are not to be considered during any disputes.

9.11 Survival of the terms

If any provision in these terms is considered invalid by a competent court, the invalidity of such a provision shall not affect the validity of the remaining provisions in these terms, which are still to be in full force and effect, and these terms shall be construed to give effect as nearly as possible to the original intent.