Do Box Limited Terms of Hire
App means Do Box’s web and mobile application that is used to Hire and use a Box;
Box means a repurposed shipping container, which is a fully automated bookable space and which can be used for meetings, workshops, workspace, retail, social events, gallery space and other purpose you desire;
Confirmation means written confirmation by Do Box of your request to hire the Box;
Incident means an accident, loss or damage involving the Box;
Furniture means the furniture and other items provided by Do Box for use in connection with the Box;
Hire means your licensed use of the Box on these Terms;
Hire Fee is the fee for the Hire Period, as specified in the Confirmation;
Hire Period means the period specified in the Confirmation;
Site means the location of the Box and the surrounding area;
Terms means these terms of hire;
You means the person named in the Confirmation.
2. Reservation and Hire Process
2.1 You may ask to Hire the Box by following the process on the App or Do Box’s website. Your Hire request is subject to Confirmation. Your Hire request constitutes your acceptance of these Terms.
2.2 Any alteration to your Hire request after you have received Confirmation will be subject to Do Box’s approval, the availability of the Box
and any additional Hire Fee.
2.3 You confirm that all information supplied to Do Box in connection with the Hire is true and accurate.
2.4 Do Box may cancel your reservation and refund your Hire Fee if it cannot make the Box available as requested.
3.1 The Hire Fee, which includes GST, is payable in full at the time of requesting a Hire and before access is given to the Box.
3.2 The Hire Fee is non-refundable. If you no longer need your reservation, you may make another Hire request or donate the paid Hire Fee to a local community group supported by Do Box.
3.3 Do Box may retain your credit card details for up to 6 months after the end of the Hire Period. Do Box may debit your credit card for any additional costs incurred as the result of an Incident or otherwise through your use of the Box during the Hire Period.
4. Access to and Use of Box
4.1 You may use the Box from the time specified in the Confirmation. No refund of the Hire Fee will be given for late or non-use of the Box.
4.2 You must only unlock the Box when you are on site.
4.3 You are responsible for leaving the Box and any Furniture in the condition it was in when you arrived.
4.4 You are responsible for the conduct of all members of your group who access the Site or use the Box.
4.5 You must not:
(a) remove any Furniture from the Box;
(b) remove the Box from the Site;
(c) allow anyone to tamper with the Box or Furniture; or
(d) interfere with other people’s use of the Site.
4.6 No barbecue or other device with a naked flame must be used inside or near the Box.
4.7 Smoking and animals are not permitted on the Site or in the Box; otherwise, you may be required to pay the fee referred to in clause 7.4.
4.8 Do Box may inspect the Box and Site at any time during the Hire Period.
4.9 Do Box is not responsible for any unlawful activities in the Box or the Site.
4.10 If you intend to allow alcohol in the Box during your Hire Period, you must comply with all liquor licensing laws.
4.11 You must:
(a) not permit drunk and disorderly behaviour at the Site or in the Box;
(b) not disrupt or interfere with anyone else’s use of the Site;
(c) keep noise to a level that is respectful of other users of the Site.
5.1 If an Incident occurs:
(a) you must notify Do Box as soon as practicable.
(b) you will be responsible for the cost of repairing or replacing the Box and any Furniture.
6. Health and Safety
6.1 You are responsible for the health and safety of yourself and anyone else who uses the Box during your Hire Period.
6.2 In the event of a fire or evacuation during your Hire Period, you are responsible for ensuring that the Box has been vacated and locked, and that all members of your group assemble at the designated meeting point.
6.3 You must not exceed the maximum occupancy specified for the Box.
7. End of Hire Period
7.1 You must vacate the Box by the time specified in the Confirmation. You are responsible for locking the door. Your Hire Period ends when the door is locked.
7.2 No refund of the Hire Fee will be given for vacating the Box early. Failure to vacate the Box by the time specified in the Confirmation may result in you incurring further charges.
7.3 At the end of the Hire Period Do Box will inspect the Site and Box for any damaged or missing Furniture. Any damage or loss will be your responsibility.
7.4 Do Box may charge you a cleaning fee of up to $250 if the Box is not left in a clean and tidy condition.
7.5 Any Items are left in the Box will be at your own risk. Do Box will do its best to allow you access to the Box, but only when nobody else is using it.
7.6 If you leave the Do Box unlocked, you will be held liable for any loss or damage.
8.1 Do Box may terminate the Hire before the end of the Hire Period and re-take possession of the Box, if:
(a) you breach any of these Terms,
(b) you obtained the Box through fraud or misrepresentation; or
(c) the Box or any Furniture is damaged or lost.
8.2 If the Hire is terminated, you will not be entitled to a refund of the Hire Fee.
9. Your Liability
Without affecting anything else in these Terms, you are liable for:
(a) theft or loss of or damage to the Box or Furniture; and
(b) damage and costs arising in connection with the misconduct of any person in your group.
10. Limitation of Liability
10.1 Except as expressly set out in these Terms and the Consumer Guarantees Act, Do Box gives no warranties or representations in respect of the Box and any implied warranties or representations are excluded to the full extent permitted by law.
10.2 Do Box is not liable for any loss:
(a) resulting from your use of the Box. If this liability cannot be excluded, Do Box’s liability is limited to making the Box available at another time;
(b) to the extent that it is caused by you;
(c) caused by events outside Do Box’s control.
10.3 This clause 10 will survive termination of the Hire.
11.1 Do Box will collect personal information about you in connection with its business. This includes information necessary to protect or enforce Do Box’s rights and information required by law.
11.2 Do Box will not disclose your personal information without your permission and will not sell your personal information.
11.3 You can ask that your personal information be updated, corrected or deleted at any time.
11.4 Do Box endeavours to protect your personal information but cannot guarantee the security of any information transmitted via email. Once Do Box receives your transmission, Do Box will endeavour to ensure its security.
11.5 Do Box may collect information, including personal information, or obtain information from other sources and combine that with information we collect through the Do Box Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your Personal Information, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
11.6 If you link, connect, or login to your Do Box Account with a third party service (e.g. Google, Facebook), the third party service may send us information such as your registration, friends list, and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
11.7 Do Box uses a Google Home device to support the services available to users of Do Box. If you activate the voice command function, Google will record your command. Do Box will not use this information for any other purpose and will delete the activity recordings from time to time.
12. Security Monitoring
12.1 Because the Box is unattended when not in use, Do Box uses interior and exterior cameras. The purpose of the cameras is to deter, or to provide means of immediate detection of, criminal offences committed in that area.
12.2 Do Box will only share recorded footage in the event of an Incident that may require the lawful involvement of third parties.
12.3 Do Box will store the footage for 60 days before deleting it.
12.4 Do Box will keep the footage safe and only authorised people will be able to view it.
13. Miscellaneous Provisions
13.1 Do Box leases the Box. You must not sell, lend or part with possession of the Box.
13.2 Do Box may revise these Terms by updating the App and its website. Your continued use of the Box will constitute your acceptance of the revised Terms.
13.3 Any notice given under these Terms must be in writing by email and will be deemed to have been given on transmission. Notices to Do Box or you are to be sent to the email address specified in the Confirmation.
13.4 You may not assign or transfer any of your rights or obligations under these Terms.
13.5 These Terms are governed by New Zealand law.