TERMS AND CONDITIONS OF SERVICE
By accessing and using any part of VirtualBox, you shall be deemed to have accepted to be legally bound by these Terms and Conditions of service and Privacy Statement.
TERM AND STORAGE FEE
The period of time that this Agreement is in effect is called the “term.” The term begins when you sign up for our service or accept this Agreement and will continue on a month-to-month basis until terminated (subject to a 1-month minimum storage term requirement).
Storage term shall begins on the day we pick up your boxes. Monthly fee must be paid in advance on the first day we pick up your boxes, and monthly thereafter, based on your starting date. Monthly storage fees must be paid in full, without any deductions, without prior notice or prompting from us. The monthly fee you must pay is set out as per our pricing page.
There will be penalties for late fees. There will be a $5 charge per box for each week of late payment.
Your monthly “Billing Cycle” is based on the date we pick up your boxes. So for example, if we pick up your boxes on the 8th of the month, your next Billing Cycle will be 8th of the next month.
If you add an additional Box during any Billing Cycle, you will still pay the applicable monthly fee. Should you need to retrieve any box half way the month, there will not be any refund of the prepaid fee. For convenience and ease of payment, you may like to add any new box in accordance to your Billing Cycle. E.g. if your Billing Cycle is 8th of every month, you may wish to add a new box on the 8th.
If by adding another box entitles you to a lower fee, the fee for the other boxes will be adjusted accordingly. For example, you stored 2 boxes with us and you like to add another box next month. Hence, from next month onwards, the fee for all 3 boxes will be adjusted to $7 each. Similarly, if you retrieve 1 box and left 2 boxes in storage, your fee will be adjusted to the prevailing rates.
YOUR USE OF VIRTUALBOX
VirtualBox is available for corporate usage as well as individual. Individual users must be real live natural persons over the age of 18 and you can’t be using VirtualBox for someone else. You must be the owner of all property that you store with us. No one else can have an ownership interest in the stuff that you stored with us. In executing this Agreement you represent that you are the sole owner of the stuff to be stored with us.
All payments will be made via either cash, EftPOS, bank transfer or credit cards. For credit cards, it will be subjected to an additional 3% admin fee charged by our agent.
For credit card payment, you will be automatically invoiced every month. If you want us to stop billing that card, you need to notify us by providing us with details of a replacement card. We currently only accept the following payment methods for all one-time and recurring charges: Visa and Mastercard. However, we reserve the right to require payment by cash should your account balance go past due.
If we are unable to bill your card, we’ll send you a notice and try again in a few days. Late fees will be charged as soon as the event of late payment or delinquency occurs or as otherwise explained at the start of these Terms. We will charge you a fee of $25 if there are insufficient funds to in your debit account.
To avoid any late payment fees, we suggest that you setup automatic payment from your bank account.
PACKING YOUR BOX
We do not pack your box(es), so please do not ask our delivery team to pack it.
You are responsible to safely and securely pack your items into each box. This includes packing your items so that they will not be damaged during transit and storage. You understand that the box will be moved from time to time in connection with deliveries or as may be needed for its storage. By having us pick up (or by sending us) a box, you are making the statement (i.e., you “represent and warrant”) that the box has been packed appropriately. You agree that VirtualBox is not responsible for any damage caused by or arising from your failure to pack the box properly.
Please do not overstuff your boxes. For your safety, the well-being of our team members, and the care of your belongings, we strongly recommend that you not pack more than 25kg of your personal property into any single box. We reserve the right to refuse to accept any box that we reasonably believe weighs more than 25kg, excluding the weight of the box itself.
RIGHT TO ENTER AND INSPECT YOUR STUFF
VirtualBox does not access any of your boxes after they are sealed. However, VirtualBox reserves the right to open and inspect any box in the event of an emergency, suspected criminal activity, suspected storage of prohibited goods, or upon your default under this Agreement. Should VirtualBox receives a search warrant from a governmental agency, we may, without incurring any liability to you, immediately remove your seal from the relevant box(es), allow your box(es) to be searched, and, if applicable, the contents to be seized.
SHORTEN AND EXTENSION OF STORAGE
You can terminate your storage at any time after payment of the each month’s storage fee or there is no default. However, if you decide to do this your boxes before your storage term ends, there will not be any refund of fees. Please give us at 24 hours notice should you need to retrieve your box(es) or terminate your storage.
For storage extension, all you need to do is to give us at least 24 hours notice before your storage period ends and make payment for the new month.
When you send us a retrieval request, our team will verify and confirm that your storage fees are up to date and there is no default. You will not be able to retrieve your boxes when you are in default. Penalties for overdue fees are stated at the beginning of this agreement. Penalties for non-retrieval when the storage period has ended will be NZ$1 per box per day. Boxes that remain uncollected for thirty (30) days after contract has ended will give VirtualBox the right to sell or dispose of the stuff in the box(es).
You may not store in any box:
- hazardous materials (including but not limited to any hazardous or toxic chemical, gas, liquid, substance, material, waste, or any other substance whose storage is or becomes regulated under any applicable local, state law or regulation);
- food or other perishable good;
- any item that, in our determination, attracts vermin or creates a nuisance;
- flammable materials, such as gas, kerosene, paint, oil, etc.;
- items that, in our determination, have a noxious odour;
- items that, in our determination, danger the safety and health of people of the environment;
- explosives, fireworks, or other inherently dangerous materials;
- animals, pets, or any living creature;
- an item which is illegal, including, illegal drugs, stolen property,
- firearms, ammunition, or any weapon;
- fragile items that are easily broken;
- counterfeit goods;
- personal property which would result in the violation of any law or regulation of any governmental authority, including without limitation, all laws and regulations relating to hazardous materials, waste disposal and other environmental matters;
- any official personal documents (such as passports, driver licenses, visas, birth or marriage certificates, etc.) or anything that contains personally identifiable information, such as date of birth, mortgage number, or a bank account number. Basically, do not put anything into the box that contains information that can be used to steal someone’s identity or a document that you may urgently needs at a moment’s notice.
By executing this Agreement, you understand and agree that if you go ahead and store any prohibited item stated above, you waive all rights and claims against VirtualBox arising in any way from storing these things in your box(es).
TEMPERATURE & CLIMATE CONTROL
Your boxes will NOT be stored in a climate-controlled environment. The air flow, moisture level, and heat will not be regulated. Because your boxes will not be stored in a climate-controlled environment, we cannot guarantee that mold may not develop on your items stored with us. We are not liable for the natural growth of mold or mildew on them. You assume the risk that mold could develop under these circumstances. Our premises are not suitable for the storage of precious, invaluable or irreplaceable property such as, but not limited to, books, records, writings, contracts, documents, personalised or other DVDs or videos, works of art, objects for which no immediate resale market exists, objects which are claimed to have special or emotional value and records or receipts relating to the stored goods. You agree not to store any such items. Should you store such items, you assume the risk that they could be damaged by the environmental conditions existing at the premises where they are stored and waive all rights and claims against VirtualBox for any damage arising from environmental conditions.
VALUE OF YOUR STUFF
You represent and warrant that each Box rented by you contains property with a total value of $100 or less. VirtualBox’s maximum liability per Box rented by you for loss to the property contained in the Box shall be limited to $100. Your failure to comply with the limitation of the value of your property stored will constitute a material breach of this Agreement.
We bring to your attention that we take the issue of Prompt Payment very seriously and have a right of lien. If you fail to pay any storage fees or other fees on time, it means you are in “default” under this Agreement. When this happens, VirtualBox has the rights as set out below:
- We are entitled to deny you access to your stuff if you fail to pay rent for more than 7 days or a week;
- We are entitled to hold on to your stuff until all default has been paid in full and received by us in cash or by direct debit;
- We shall be entitled to invoice you and you shall pay VirtualBox storage fees and other charges at the same rates as under this Agreement and if this Agreement has been terminated, the relevant rate at which such fees and charges will be payable by you will be the rate which was payable immediately prior to termination.
- You authorise VirtualBox to inspect and move your stuff to another premise and to charge you for all reasonable costs incurred by VirtualBox in moving and storing your stuff together with any repeated costs if we reasonably require to move your stuff at any time afterwards; and to hold onto and/or ultimately dispose of some or all of your stuff.
- In the event that you do not pay any of our fees or charges and your stuff are left in our premise, they may be removed and stored in an alternative location at your own risk. We exclude any liability in respect of your stuff when payment of our fees or charges is overdue and exclude any duty of care how ever it may arise.
- In the event that our storage fee is not paid promptly or you fail to collect your stuff after 30 days when we have informed you to collect them or after 30 days upon expiry or termination of this Agreement, VirtualBox may sell your stuff as if we were the owners and you acknowledge that we will pass all rights of ownership in the stuff to the buyer. We will use the proceeds of sale to pay first the costs incurred by VirtualBox in the sale and removal, and second to pay all default. We will hold any balance for you. Interest will not accrue to you on the balance.
- If the proceeds of sale are insufficient to discharge all or any part of the costs of sale incurred by VirtualBox and all defaults, you must pay any balance outstanding to VirtualBox within seven days of a written demand from us which will set out the balance remaining due to us after the net proceeds of sale have been credited to you. Interest will continue to accrue on default until payment has been made. We may take action to recover the outstanding amounts including any legal and administration costs that are incurred.
- Before we sell your stuff, we will give you notice in writing by registered post or by the email address that you have provided us. Our notice will specify the amount of default at the date of the notice (and, in our sole discretion, specifying any amount by which default is increasing after the date of that notice) and will direct you to pay VirtualBox. It will also specify that, if you fail to pay within one month after the date of the notice, We will sell your stuff. We do not agree to give you any further notice of any intended sale.
- We will sell your stuff for the best price reasonably available in the open market, taking into account the costs of sale.
- If your stuff cannot reasonably and economically be sold (for any reason whatsoever), or they remain unsold despite our efforts, you authorise VirtualBox to treat them as abandoned by you and to destroy or otherwise dispose of them at your cost.
INSURANCE; RELEASE OF LIABILITY; WAIVER OF SUBROGATION
ALL PERSONAL PROPERTY IS STORED BY YOU AT YOUR SOLE RISK. INSURANCE IS YOUR SOLE RESPONSIBILITY. YOU UNDERSTAND THAT VIRTUALBOX WILL NOT INSURE YOUR PERSONAL PROPERTY AND THAT YOU ARE OBLIGATED UNDER THE TERMS OF THIS AGREEMENT TO INSURE YOUR OWN GOODS. To the extent your insurance lapses or you do not obtain insurance coverage for the full value of your stuff, you agree to personally assume all risk of loss. VirtualBox and its agents will not be responsible for, and you hereby release VirtualBox and its agents from any responsibility for, any loss, liability, claim, expense or damage to property that could have been insured (including without limitation any loss arising from the active or passive acts, omission or negligence of VirtualBox and its agents). You waive any rights of recovery against VirtualBox and its agents for the claims, and you expressly agree that the carrier of any insurance obtained by you shall not be subrogated to any claim of you against VirtualBox and/or its agents.
WAIVER OF SUBROGATION
In the event you sustain a loss and your insurance company reimburses/ indemnifies you for the loss, in whole or part, you waive any right of subrogation your insurance company may have against VirtualBox and its agents for the loss. This clause is a specific condition of this Agreement and VirtualBox would not have entered into the Agreement without it.
You shall indemnify and hold VirtualBox and its agents harmless from any loss incurred by VirtualBox and its agents in any way arising out of your items and your use of VirtualBox.
VirtualBox and its agents will have no responsibility to you or to any other person for any loss, liability, claim, expense, damage to property or injury to persons from any cause. VirtualBox will have no liability to you for damages to your property caused by an act of god, including a hurricane, flood and earthquake.
CHANGE OF CONTACT DETAILS
In the event your e-mail address or contact detail changes, you must promptly notify us. We are not responsible if you don’t receive a notice from us because your contact details have changed and you did not notify us.
CHANGES TO OUR FEES AND TERMS
We reserve the right to modify, adjust, or change our Fees, these Terms, and our Privacy statement at any time upon 30 days notice to you. The change will become effective the month following the notice. If we do change, adjust or modify our Fees, these Terms or our Privacy statement, we will send you a notice by email, postal mail, or SMS. It is your obligation to review the notice. Your continued use of VirtualBox will constitute an acceptance of the change.
All content included on VirtualBox.co.nz is the property of Geowalker Limited or it’s licensors or other content suppliers. There are copyright, trademark and other laws that apply to protect our content.
We own or license all content on our website (everything) including any trademarks, service marks, or logos. You may not use (in any fashion, where use is interpreted as broadly as possible) content on VirtualBox without the express prior written consent from us.
We grant you a limited nonexclusive, non-transferable, non-sublicensable right solely to display and view content on VirtualBox for personal, non-commercial use. Other than fair use, other uses are prohibited without express consent.
THINGS YOU CAN’T DO ON OUR WEBSITE
No page-scraping, spidering, or other automated access (or equivalent manual process) is allowed. This means you can’t copy or monitor VirtualBox, or bypass or circumvent VirtualBox’s navigation or structural presentation. No poking around looking for stuff we didn’t expressly make available.
You agree you won’t try to hack our systems, like by trying to gain unauthorized access to any part of VirtualBox, or to any other systems, networks or server connected to VirtualBox. This includes hacking, phishing, cracking, or any other illegitimate means.
You agree you won’t try to scan or test the vulnerability of VirtualBox, try to breach our security or authentication measures, or generally try to bypass our security.
You also agree to leave other users alone: no attempts at cross-site scripting, IP tracing, reverse look-up, or other mechanism to obtain information on any other user of or visitor to VirtualBox.
VirtualBox reserves the right to bar any users from any such activity.
WHAT HAPPENS WHEN YOU BREAK THE RULES
VirtualBox may terminate your account with us at any time, with or without cause.
If we terminate your account without cause, such termination will be subject to 30 days advance written notice (unless you waive your rights to such notice). In these circumstances, we will refund any pre-paid monthly fees and arrange for delivery of your items back to you at our expense.
TERMS THAT SURVIVE
Some parts of these Terms will continue to operate even after your account is terminated.
All provisions of these Terms that by their nature could reasonably survive termination, shall survive termination, including but not limited to, ownership provisions, warranty disclaimers and limitations of liability.
The failure by you or VirtualBox to exercise any right under the Terms shall not form the basis for a waiver of that right.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder shall otherwise remain in full force and effect and enforceable.
Your rights under our Policies are not assignable, transferable or sublicensable without VirtualBox’s prior written consent. VirtualBox may transfer, assign or delegate its rights and obligations under our Terms without your consent.
Our Policies shall be governed by and construed in accordance with the laws of New Zealand. You agree that any dispute where court intervention is required shall be submitted to the exclusive jurisdiction of, and venue in, the state and courts located in Auckland, New Zealand.
For all relief other than equitable or injunctive relief, any dispute arising with respect to your use of VirtualBox shall be settled by arbitration in accordance with the New Zealand Arbitration Act 1996.
The arbitrator shall be selected by joint Agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with Arbitrators’ and Mediators’ Institute of New Zealand Inc., which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in Auckland, New Zealand, using the English language.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTIES SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN NO EVENT SHALL VIRTUALBOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR THIRD PARTY SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF (A) $1.00 OR (B) THE CURRENT VALUE (COST) OF ITEMS DAMAGED OR LOST, CAPPED AT OUR PER-BOX LIABILITY MULTIPLIED BY THE NUMBER OF YOUR BOXES INVOLVED. THESE LIMITATIONS SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
This Agreement and any written amendments executed at the same time as this Agreement, and any notices provided under this Agreement by VirtualBox, set forth the entire Agreement of the parties with respect to the subject matter hereof and supersedes all prior Agreements, representations, and understandings, oral or written, with respect thereto. With the exception of our Privacy Statement, as noted herein, there are no representations, warranties, or agreements by or between the parties which are not fully set forth herein and no representative of VirtualBox or its agent is authorised to make any representations, warranties, or Agreements other than as expressly set forth herein.
VirtualBox has the right to change the terms from time to time. Modification to our agreement will be updated here. Users of our service are deemed to have read, understood and accepted our agreement when they sign up for our service.