TERMS OF USE (the “Terms”)

Last updated: June 2024

1. General

The access, use of and linking to the Website is subject to the Terms, please read the Terms carefully. Your use of the Website signifies your acceptance of the Terms and agreement to be bound by them and any and all other applicable terms referenced herein absolutely. If you do not agree with the Terms, please exit and do not use the Website.

In these Terms of Use,

• “Information” means any and all information, data, content, news, reports, programmes, photographs, pictures, graphics, video, audio, software and other materials and services, communications, transmissions and other items, tangible or intangible, available on or through, subsisting in or used in, the Website from time to time

• “Loss” means any direct or indirect loss, destruction or damage (including without limitation incidental or consequential loss, destruction or damage, or loss of data, income or profit), expenses, costs (including legal costs) or liabilities;

• “Personal data” means personally identifying information or sensitive data (including but not limited to names, ages, addresses, occupations, contacts, other personal details and financial information such as credit card information)

• “we”, “our” or “us” means RedBox Storage Limited

• “Terms” means collectively, these Terms of Use and any additional terms and conditions available on certain pages or parts of the Website (including the Data Privacy Statement and the Cookies Notice ), the same may be, in our sole discretion, amended from time to time, without notice to you

• “users”, “you” or “your” means any person who accesses the Website

• “Website” means collectively our website (https://www.redboxstorage.com.hk), its pages and parts, in desktop computer, tablet and mobile phone versions

In the Terms, unless the context otherwise requires, the singular includes the plural and vice versa.

2. User Conduct on the Website

As a condition of your use of the Website, you must not:

(a) trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers or networks providing the Website, or tamper with the Information;

(b) restrict or inhibit any other user form using and enjoying the Website;

(c) post, transmit, inject or introduce to the Website any virus, worm, Trojan horse or any other code or software that is harmful, of a malicious nature, or may or is intended to damage the operation of, monitor the use of, or permit unauthorised access to, the Website or any hardware, software, or equipment of us;

(d) post, transmit, inject or introduce to the Website any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law; and

(e) post, transmit, inject or introduce to the Website any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding.

You have no rights in or to the Information and you will not use the Information, except as permitted under the Terms.

3. Access to the Website

We cannot guarantee that the Website will operate continuously or without interruptions or be error-free. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period. Without prejudice of the generality of the foregoing, we reserve the right at all times to prohibit or deny your access to the Website or any part thereof immediately and without notice, where we are in the opinion that you have breached any of the terms contained in the Terms or that such prohibition or denial is appropriate, desirable or necessary in our sole discretion.

Whilst we implement appropriate security measures to control access to the Website (please see our Privacy Statement for further details), you must keep your log-in details (if any) confidential and ensure that only you access the Website and such services as may be offered from time to time on the Website for proper purposes.

4. Intellectual Property Rights

We own the Website and its entire contents, features and functionality, which are protected by copyrights and other forms of intellectual property right of the Information.

5. Disclaimer & Limitation of Liability

The Information is provided on an “as is” and “as available” basis. Neither we nor our affiliates make any representations or warranties of any kind, express or implied, as to the operation of this Website of the accuracy, adequacy or completeness of the content or products included on this Website. To the fullest extent permitted by applicable law, we and our affiliates disclaim all warranties, express or implied, including but not limited to any representations or warranties as to:

(a) the availability of the Website of that it will be uninterrupted or error-free, of that defects will be corrected;

(b) the accuracy, adequacy or completeness of any content on the Website;

(c) the use or exercise of reasonable care and skill in providing or delivering any services on or through the Website or the timeliness of services offered or provided on this Website;

(d) non-infringement of any third party intellectual property rights; or

(e) the Website being free of computer viruses or other harmful elements.

Our entire liability and your exclusive remedy with respect to this Website or otherwise, is limited to the maximum extent permitted by law. We do not endorse, warrant or guarantee any material, product or service offered through us or our Website. We are and will not be a party to any transaction between you and any third party.

6. Third Party Websites

The Website may contains links to third party websites, which are provided for convenience only. We do not sponsor or endorse such third parties or their websites. We are not responsible for, and does not give any representation or warranty of any kind (whether express or implied) with respect to such third parties or their website, or the contents or any other aspect of such third party websites. Any use of and reliance on such Information is entirely at your own risk and you are responsible for complying with any terms and conditions of use of such websites.

7. Indemnity

You agree to on demand defend, indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents an employees, harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any provision in the Terms and/or your use of the Website and /or the Information available from time to time on the Website for any purpose whatsoever (whether or not constituting a breach of any provision in the Terms). We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

8. Privacy Policy

For information about our privacy policies and practices, please refer to our Data Privacy Statement. You agree to the use and disclosure of your information in the manner set out in our Data Privacy Statement (as updated from time to time). Where personal data is collected in connection with a specific service offered on the Website, you should also have reference to the relevant user agreements linked to the form through which your personal data is collected.

For information on our use of cookies, please also refer to our Cookies Notice.

9. Governing Law and Jurisdiction

The Terms shall be governed by the law of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

10. Rights of Third Parties

You agree that nothing in the Terms confers or purports to confer on any third party any benefit or any right to enforce any of the Terms pursuant to the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong).

11. Chinese Version

In the event of any inconsistency between the Chinese and the English version, the English version shall prevail. If any part of the Chinese version is unclear, reference should be made to the English version. The Chinese version may not be translated into English for the purpose of comparing with or interpreting the English version.

12. Miscellaneous

No waiver of any breach under the Terms amount to a waiver of any other breach. The headings in the Terms are for convenience only and do not affect interpretation.

The Terms may be amended from time to time by us without any notice. Accessing or using or linking to the Website after such amendments constitutes acceptance of such amendments. Please check the Terms regularly for any amendments which may be made.

All rights are reserved by us, including the right to terminate the Terms with you.