Effective/Last Modified: December 14, 2023
1. Acceptance of Terms
1.1 Acceptance of the General Terms and Conditions for POBoxX Electronic Locker System
The General Terms and Conditions for POBoxX Electronic Locker System (hereinafter “GTC”) shall be deemed as accepted no later than with the use of the service by the Customer.
1.2 Scope of GTC
These GTC regulate the options for use of the POBoxX Electronic Locker System services (the “Services”) provided by Oilexpress Corporation to the Customer for the use of POBoxX.
1.3 Amendment and Modification
These GTC may be amended or modified at any time and POBoxX reserves the right to do so without prior notice. It shall be the Customer’s responsibility to review the GTC regularly. The Customer’s continued use of the Service after any such amendment or modification, whether or not reviewed by the Customer, shall constitute an agreement to be bound by such amendment or modification.
2. Interpretation
2.1 Definition of Terms
The following definitions apply:
2.1.1
“Agreement” refers to the GTC and POBoxX Policies, as defined below;
2.1.2
“Application” refers to the POBoxX Application, developed and managed by the Company.
2.1.3
“Company” refers to Oilexpress Corporation, or its affiliates, as the context requires;
2.1.4
“Customer” refers to any person or entity who accesses, registers, or utilizes the Software or use the Services of POBoxX;
2.1.5
“Electronic Locker System” refers to physical lockers, owned and/or managed by Oilexpress Corporation, controlled by an electronic lock through touchscreen, RFID, magnetic swipe, biometric identification or a PIN code, or some smart technology as may be developed from time to time;
2.1.6
“GTC” refers to these General Terms and Conditions in their entirety, which are applied to the Services, as set out on the Website and any amendments thereof made from time to time by POBoxX;
2.1.7
“Parcel” refers to any item, commodity, or package, that:
a. are not, in any way, prohibited or restricted by any law, rule or regulation including the handling, transport or possession thereof;
b. are not easily perishable (Customer shall always bear the loss in case item is spoiled);
c. are not frozen goods, including raw meats, fish and the like; and,
d. are not live animals including small pets, dogs and cats;
e. are toxic, highly flammable or combustible and noxious substances or chemicals or has in it any of these ingredients; and,
e. outside the commerce of man, either singularly or in plural, that forms part as the object of the Services by POBoxX;
For the avoidance of doubt, these are included in the permitted items; small potted plants and fastfood and restaurant deliveries subject to item (b) above.
2.1.8
“Partner” refers to any person or entity which POBoxX may use for the fulfillment of the Service;
2.1.9
“Platform” means the POBoxX Application, Software and any other platform, portal or website which the Company owns, operates or otherwise makes available to the Customer for the purposes of or in connection with the Service and/or Solutions;
2.1.10
“POBoxX” refers to Oilexpress Corporation in relation to its Electronic Locker System and the Services offered thereunder;
2.1.11
“POBoxX Policies” refers to Privacy and Personal Data Collection Policy of the Company, and all other forms, policies, notices, guidelines, frequently asked questions (FAQs), in-app or website product/service descriptions and information cards, or agreements provided to or entered into by the Customer from time to time through the Platform, or as may be posted in the Website;
2.1.12
“Service” or “Services” refers to the service provided of by POBoxX for the consignment and/or storage of Parcel;
2.1.13
“Software” refers to POBoxX’s technologies, website, and/or applications;
2.1.14
“Website” refers to POBoxX website, specifically www.poboxx.ph.
2.2 Use of Headings
All headings appear for convenience only and shall not affect the interpretation provided under 2.1.
3. Customer Account
3.1 Registration
The Customer has two options to use the Electronic Locker System and avail of its Services: Reserved booking and On-Demand booking.
Reserved Booking:
To use the Electronic Locker System and avail the Services (Reserved Booking) within the mobile app, the Customer must register via the POBoxX Application.
Specifically, the steps are as follows:
1. Download the POBoxX Application (available in Play Store and App Store).
2. Click the sign-up button and fill-up the registration page.
3. Check “I agree to POBoxX’s Terms & Conditions.” box.
4. Check “I agree to POBoxX’s Data Privacy Policy.” box.
5. Proceed to sign-up.
6. An OTP will be sent to your registered mobile number.
7. Enter the OTP to the application verification page.
8. Tap verify to proceed.
On-Demand Booking:
To use the Electronic Locker System and avail the Services via On-Demand Booking, the Customer should use a POBoxX address listed under the POBoxX website: www.poboxx.ph. By using the POBoxX address, the Customer allows the delivery rider (to be construed as Customer’s agent) to register and input his/her name and mobile number in the POBoxX tablet upon delivery.
3.2 Usage Instructions
The usage instructions for POBoxX Electronic Locker System is available on the Website.
3.3 Booking Guidelines
At the time of the booking of the Customer, POBoxX has the exclusive right to offer for Service the Electronic Locker System to any person or entity for future periods/times that remain unbooked.
3.4 Relationship between the parties
The relationship between the Company and the Customer and/or the Partner under these GTC is that of independent contractors. For clarification purposes, the parties are not joint ventures, partners, principal and agent, or employer and employee.
3.4 Relationship between the parties
4 .Warranties
4.1 Representations and Warranties
4.1.1 The Customer guarantees the correctness of his personal details upon registration for the Services, whether provided directly or through Customer’s agent. The Customer or his/her agent likewise agrees to provide true, accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update its information in a timely manner to keep it true, accurate, not misleading, current and complete at all times during the term of the Agreement.
4.1.2 The Customer agrees that POBoxX may rely on the information provided during registration or account creation, and by the time of availing the Service as true, accurate, not misleading, current and complete. The Customer acknowledges that if the information provided is untrue, inaccurate, misleading, not current or incomplete in any respect, POBoxX reserves the right to terminate or suspend the use of the Service at any time with or without notice, and POBoxX shall have no liability arising from such termination or suspension, or from the forfeiture of the Parcel, if applicable .
4.1.3 The Customer warrants that the Parcel is not considered dangerous or hazardous, and that it is not in any manner prohibited by law, regulations, or public policy.
4.1.4 The Customer warrants that, when using the Services and storing the Parcel, the Customer is complying with all laws, rules and regulations.
4.1.5 The Customer agrees to assist POBoxX with any internal or external investigations as may be required by POBoxX in complying with any prevailing laws, rules or regulations.
4.2 Disclaimer of Warranties
4.2.1 POBoxX and its Services are provided to the Customer on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
4.2.2 POBoxX makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, or Platform.
4.2.3 In providing the Services, POBoxX does not act as an agent or representative for the Customer or Partner.
4.2.4 POBoxX reserves the right to suspend or terminate any engagement with the Customer or Customer’s account, created in order to use the Services or Software should POBoxX believe that the Customer violates any provisions of this GTC and any POBoxX Policies.
5. Fees and Taxes
5.1 Service Fee
5.1.1 In consideration for the Services, the Customer agrees to pay POBoxX a service fee based on the computed amount reflected in the Application (the “Service Fee”).
5.1.2 The Customer shall pay the Service Fee through the use of any acceptable credit card, or via electronic payment using any authorised payment gateway, net of any applicable discount promotions, and inclusive of any applicable bank-related charges and/or payment processing fee.
5.2 Taxes and Other Charges
Unless otherwise stated, the Service Fee shall be exclusive of any and all applicable tax, including but not limited to Value Added Taxes, which the Customer agrees to pay to POBoxX.
6. Liability and Indemnification
6.1 Indemnification
6.1.1 The Customer agrees to indemnify and hold harmless POBoxX from any liabilities, claims or lawsuit that POBoxX may suffer or any costs, damages or expenses, including legal costs, which may arise from the Customer’s breach of its obligations or warranties; or Customer’s violation of any rights of any third party, or the use or misuse of the Service, the Platform, and/or any part thereof.
6.1.2 The Customer agrees to indemnify and hold harmless POBoxX from any loss of Parcel for causes solely attributable to the Customer and/or any third party.
6.1.3 In case of a valid claim, the compensation for any loss, damage, or destruction of the Parcel shall not exceed P2,000 (VAT inclusive),or the value of the item, if this has been declared by the customer to POBoxX prior to the transaction, whichever value is lower. POBoxX reserves the right to make its own reasonable determination of the market value of the Parcel based on prevailing market rates.
6.2 Limitation of Liability
6.2.1 POBoxX shall not be liable for damage resulting from incorrect details from the Customer.
6.2.2 POBoxX shall not be liable for undeliverable SMS messages, push-notifications or emails.
6.2.3 POBoxX shall not be liable for force majeure, consequential damage and lost earnings.
6.2.4 POBoxX shall not be liable under the following circumstances:
6.2.4.1.1 Whenever the condition of the Parcel is broken, contaminated, or perished upon delivery.
6.2.4.1.2 When the subscription (booked and paid locker rental period) has expired, POBoxX's liability also terminates, and POBoxX and/or the next Customer of the same locker will not be liable to the previous Customer if the latter failed to collect his/her item inside the locker upon expiration.
6.2.4.1.3 For any degradation in the condition, state or health of any parcel while stored in the POBoxX lockers.
6.2.4.1.4 As a general rule, for any loss or damage arising from the willful neglect or omission of other POBoxX customers or third parties, including the storage of prohibited items.
7. Use and Maintenance of Units
7.1 Temporary Use and Obligation to Return
7.1.1 No ownership over the Electronic Locker System was transferred to the Customer by availing the Services. By availing the Services, POBoxX grants the Customer a temporary use and possession of the Electronic Locker System during the period expressly agreed upon, which may be extended in accordance with mutual agreement with the Customer and POBoxX. However, POBoxX does not guarantee extension of the same booked locker. In these circumstances, POBoxX may grant and reassign a new locker to the Customer depending on the actual availability of the lockers, which can be identical or of a different size, depending on the actual availability at the time of extension.
7.1.2 At the end of the usage period, the Customer is duty bound to return the Electronic Locker System in a clean, sanitary and tenantable condition, and suitable for its use to POBoxX without unnecessary delay.
7.2 Failure to use the lockers properly
7.2.1 POBoxX reserves the right to inspect the contents of the POBoxX locker in case of suspicion on its contents. POBoxX is authorized to remove any Parcel that does not comply with the rules of the use of the POBoxX unit and/or when the same was found to be a prohibited item. Under these circumstances, POBoxX is likewise authorized to call the authorities and report the incident, and to withdraw or surrender any contraband parcel.
7.2.2 The removal of prohibited items will entail a penalty equivalent to actual cost for such removal, without prejudice to other remedies available to POBoxX under the circumstances.
7.3 Damage caused to the POBoxX units by the Customer
7.3.1 The Customer shall be fully responsible for any damage or deterioration that may be caused to the Electronic Locker System during its use, except ordinary wear and tear. The Customer shall indemnify POBoxX for the physical damage caused to the Electronic Locker System or any POBoxX unit and to the parcels of other POBoxX customers, as well as for loss of earnings, as well as for any damage caused to any properties owned by third parties.
7.3.2 POBoxX reserves the right to charge the Customer causing the damage to the Electronic Locker System to pay POBoxX a daily rent penalty equivalent to Two Thousand Pesos (PHP2,000.00) per locker unit for each day the Electronic Locker System and/or any POBoxX unit is unusable, as well as the cost for its repair or replacement.
7.4. System Downtime, Repair and Maintenance, and other Business Interruptions
7.4.1 Protocol for Reporting Defective Units
- The Customer should contact POBoxX Admin via email (support@poboxx.ph) or via Messenger (@POBoxX) to report an issue with the Smart Locker. The Customer should provide the following details to verify the transaction:
- Recipient's name
- Mobile number
- Locker Address/Location
- Booking reference
- Date/Time of Incident
- Problem Statement
- The POBoxX Admin shall exert reasonable efforts to respond to support requests within 24 hours of report. If a support request is received on a weekend or holiday, the response will be provided on the nearest working day. POBoxX office hours are from 8 AM to 6 PM, Monday through Friday.
7.4.2 Disposition of Unretrieved Contents inside the POBoxX Lockers
As a rule, a parcel stored in the POBoxX locker shall be deemed abandoned when -
1. Reserved Booking - after twenty-four (24) hours from booking expiration
2. On-Demand Booking - after the lapse of twenty-four (24) hours from actual booking.
In certain cases, the POBoxX Admin and/or technician may determine that a booked POBoxX unit(s) is defective and requires replacement with a new one. In such instances, the admin/technician shall disable all available locker doors to prevent new customers from booking a defective unit. For lockers that still contain items at the time of error detection, the on-site technician should physically remove the unit from the locker. Subsequently, the on-site technician/admin must contact each affected customer to arrange delivery of their items to their specified locations. If a customer is unavailable to receive the item on the same day, the technician/admin should return the items to either the branch office or the head office, depending on which is closest. Customers will have a maximum of five calendar (5) days to collect their parcels. If, after five calendar days (5) days, the customer has not retrieved the item, it will be deemed as an "abandoned item." POBoxX reserves the right to dispose of abandoned items and collect its service fees from the proceeds of the disposal, if any.
In all instances, POBoxX shall not be liable for any abandoned parcel. POBoxX reserves the right to dispose of abandoned items and collect its service fees from the proceeds of the disposal, if any.
8. Processing of Personal Data
8.1 Data Processing
8.1.1 The Customer acknowledges that in availing the Services, the Customer agrees and acknowledges that POBoxX’s compilation, collection, storage, use, process and transfer of personal data is subject to the Privacy Policy of POBoxX, and the Customer acknowledges, understands and accepts the Privacy Policy.
8.2 Compliance with Data Privacy Laws
8.2.1 Subject to applicable Data Privacy Laws and its implementing rules and regulations, the Customer agrees to allow POBoxX use of its personal information and the Customer gives consent to share such information for the purpose of providing and fulfilling the Services. The Customer also grants POBoxX the freedom authority to compile, collect, store, and update the information provided to such extent, for and at such time period as may be necessary during the time POBoxX provides the Services.
8.2.2 POBoxX and/or Partner may disclose personal data as may be required by law, government regulation, judicial administrative or regulatory decision, order or decree, or request by other regulatory organization having authority pursuant to the law. In any such case, POBoxX may, prior to disclosure, whenever practicable, notify the Customer in writing and or request to enable the Customer to seek an appropriate protective order or other remedy, and use its commercially reasonable efforts to assist the Customer in protecting its data, or to take reasonable steps to resist or narrow the scope of such subpoena, order or request and to limit such disclosure to the minimum extent permitted by applicable laws and regulations.
9. Intellectual Property Rights
9.1.1 The Website, the Software, and all rights, title, and interest in and related thereto are the sole property of POBoxX, its licensors, and are protected by Intellectual Property Laws. POBoxX grants the Customer the non-exclusive, limited and royalty-free privilege the limited licenses when applicable under these GTC, which expressly excludes any right to modify, adapt, reproduce or copy or distribute, supply, give, sell or otherwise dispose of said intellectual property rights, or use them in any other way for public or commercial purpose without securing the consent of POBoxX.
9.1.2 POBoxX welcomes Customers’ comments and suggestions regarding the Services, the Software or Platform and the Website, provided however that POBoxX does not solicit, accept nor consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. POBoxX and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Customer or any other party relating to the Service. By voluntary submitting or sending POBoxX creative suggestions, ideas, drawings, concepts, inventions, or other content or information despite such notice, the Customer understands and agrees that these submissions shall become property of POBoxX, and the Customer irrevocably assigns the right to these submissions and POBoxX shall own exclusively all rights to these submissions and shall be entitled to the unrestricted use of these submissions for any purpose whatsoever, without compensation to the Customer or any other person.
9.1.3 POBoxX shall retain all rights in any software, ideas, concepts, know-how, processes, development tools, techniques, or any other proprietary material or information, whether owned or developed by POBoxX prior to the effectivity of these GTC or acquired or developed by POBoxX thereafter.
9.1.4 Third party materials, if any, and all rights, title, and interest pertaining thereto, are the sole property of the relevant third parties and are subject to any applicable licenses, conditions and/or reservations.
10. Promotions
10.1.1 From time to time, POBoxX may introduce marketing campaigns or promotions which shall be subject to prevailing regulatory requirements. POBoxX reserves the right to amend or withdraw any promotion or subscription at its sole discretion without prior notice in accordance with the applicable regulatory requirement, if any.
10.1.2 POBoxX may, with Customer’s express consent, send any information regarding the Service or promotion to the Customer in the form of electronic messages which include, but not limited to, e-mail, SMS, automatic telephone message, or push notification on Software. The Customer permits POBoxX to send these electronic messages to the Customer via the contact channels provided to POBoxX by the Customer at the time of registering its account.
10.1.3 POBoxX reserves the right to void, discontinue, suspend or disqualify the Customer from any promotion or subscription without prior notice in the event of the Customer’s breach of these GTC.
11. Governing Law and Venue of Action
11.1.1 These GTC shall be governed by the laws of the Republic of the Philippines.
11.1.2 The Customer agrees that any and all disputes arising out or in connection with these GTC or the Agreement shall be brought exclusively before the competent courts in the City of Pasig, to the exclusion of all other courts or venues. The Customer expressly waives, to the fullest extent permitted by law, any and all objections to the laying of venue of any legal action or proceeding.
12. Miscellaneous
12.1 Severability
If any of the terms or conditions of this Agreement is held invalid or contrary to law, the validity of the other terms and conditions contained herein shall remain in full force and effect.
12.2 Non-Waiver
12.2.1 POBoxX’s inability to enforce any right or provision in these GTC shall not constitute a waiver of such right or provision.
12.2.2 POBoxX’s exercise of any of the remedies shall likewise not be considered as a bar to all other remedies. It is understood that POBoxX may exercise all remedies simultaneously, successively, or alternately and in all cases an exercise of one does not preclude the exercise of the other.