HubBox Console Terms & Conditions

Introduction
These HubBox Console Terms & Conditions (the “Terms”) are between Convenient
Collect Limited t/a HubBox, a company registered in England and Wales with company
registration number 9271441, and whose registered office is at 50 Liverpool Street,
London EC2M 7PY, UK (“HubBox”), and you and the individual, company or other entity
that you represent (“you”). If you are entering into these Terms on behalf of a company
or other entity, you represent and warrant that you have authority to bind such
company or other entity to these Terms.
1.1 These Terms set out the basis on which you may use the materials provided in HubBox
Console (collectively the “HubBox Technology”) including but not limited to:
1.1.1 the HubBox application programming interface that allows websites to interoperate
with HubBox’s software and systems (the “HubBox API”);
1.1.2 the code, software, systems, applications and associated documentation that HubBox
provides to you/your agency including but not limited to those that interact with the
HubBox API; and
1.1.3 any module, extension, plugin, cartridge or application that interacts with your store
and reads/writes information to the HubBox API provided to you/your agency either
directly by HubBox or via any digital distribution source including but not limited to
the Magento Store, the Shopify App Store, the Salesforce Link Marketplace or GitHub).
1.2 HubBox shall be entitled to vary these Terms from time to time by posting the varied
terms in HubBox Console, and such variation shall be binding on you from the date
which is 30 days after such posting. You agree that it is your responsibility to check
HubBox Console regularly.
Ownership and Scope of Terms
2.1 All intellectual property rights (including but not limited to copyright and database
rights) in the HubBox Technology are owned by HubBox and its licensors. All rights are
reserved.
2.2 HubBox grants you a non-exclusive, revocable, non-sublicensable licence to use the
HubBox Technology for the sole purpose of creating an interface from a web page to
HubBox’s systems enabling users to arrange for the physical delivery of items to
locations operated by HubBox’s network partners (including but not limited to UPS Access Point ™
locations and DPD Pickup Points), and/or your own stores.
2.3 You may not:
(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror,
republish, download, display, transmit, or distribute all or any portion of the
HubBox Technology in any form or media or by any means;
(b) attempt to de-compile, reverse compile, disassemble, reverse engineer or
otherwise reduce to human-perceivable form for all or any part of the HubBox
Technology;
(c) access all or any part of the HubBox Technology in order to build a product or
service which competes with all or any part of the HubBox Technology;
(d) attempt to obtain, or assist third parties in obtaining, access to all or any part
of the HubBox Technology;
(e) remove or alter any proprietary marks, branding or notices from the HubBox
Technology; or
(f) use the HubBox Technology in a way which seeks to circumnavigate or does
or could undermine or compromise HubBox’s security.
Liability and Warranty Exclusion
3.1 To the extent permitted by applicable law, the HubBox Technology are provided “as is”,
without warranty of any kind, express or implied, including but not limited to the
warranties of merchantability, fitness for a particular purpose and non-infringement. In
no event shall HubBox be liable for any claim, damages or other liability, whether in
contract, tort (including but not limited to negligence) or otherwise, arising from, out
of or in connection with the HubBox Technology or these Terms.
3.2 HubBox shall have no liability in connection with these Terms, whether in contract, tort
(including but not limited to negligence) or otherwise, for any indirect loss, any loss of
profit or revenue, any loss of data, any loss of use including loss of use of any computer
system, any loss of anticipated savings or any loss of goodwill.
3.3 HubBox’s liability in connection with these Terms shall be limited to £10 (ten pounds
sterling).
3.4 Notwithstanding any contrary provision in these Terms, neither party limits or excludes
its liability in respect of:
(a) any death or personal injury caused by its negligence;
(b) its fraud; or
(c) any liability which cannot be excluded under applicable law.
Miscellaneous
4.1 If any provision of these Terms is declared by any competent court or body to be illegal,
invalid or unenforceable under the law of any jurisdiction, or if any enactment is
passed that renders any provision of these Terms illegal, invalid or unenforceable
under the law of any jurisdiction this shall not affect or impair the legality, validity or
enforceability of the remaining provisions of these Terms, nor the legality, validity or
enforceability of such provision under the law of any other jurisdiction.
4.2 If the circumstances referred to in 4.1 should arise at any time, but the relevant
provision would cease to be illegal, invalid or unenforceable if some part of it were
modified, the provision shall apply with whatever modification is necessary to make
the provision legal, valid and enforceable and to give effect, to the greatest extent
possible, to the commercial intention of the parties.
4.3 The failure to exercise or delay in exercising a right or remedy provided to a party
under these Terms shall not constitute a waiver of that right or remedy, and no waiver
by a party of any breach of these Terms shall constitute a waiver of any subsequent
breach of the same or any other provision. Each right or remedy of a party under these
Terms is without prejudice to any other right or remedy of that party under these
Terms or at law.
4.4 A person who is not a party to these Terms has no right under the Contracts (Rights of
Third Parties) Act 1999 to enforce or to enjoy the benefit of any term of these Terms.
4.5 Each party acknowledges and agrees that it does not rely on, and shall have no
remedy in respect of, any promise, assurance, statement, warranty, undertaking or
representation made (whether innocently or negligently) by any other party or any
other person except as expressly set out in these Terms in respect of which its sole
remedy shall be for breach of contract.
4.6 Nothing in these Terms, however, shall operate or be construed to exclude or limit any
liability of any person for fraud, including fraudulent misrepresentation.
4.7 You may not assign, securitise or otherwise transfer all or any part of your rights and/or
obligations under these Terms. HubBox may, without your consent, assign all or any
part of its rights and/or obligations under these Terms at any time to any third party.
4.8 These Terms and any dispute or claim arising out of or in connection with them or
their subject matter or formation (including non-contractual disputes or claims) is
governed by and shall be construed in accordance with English law.
4.9 The parties submit to the exclusive jurisdiction of the English courts for all purposes
relating to and in connection with these Terms and any such dispute or claim in
connection with them