Terms of Service-1

Terms of Service

1. Contractual Relationship

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within the United States, of applications, websites, content, products, and services (the “Services”) made available by iBoxt a private company established in Delaware, having its offices in Greenwich CT.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING iBOXT SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and iBoxt. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements if any, with you. iBoxt may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

iBoxt may amend the Terms related to the Services from time to time. Amendments will be effective upon iBoxt’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in iBoxt’s Privacy Policy. iBoxt may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving your items and a Third-Party Provider (including a transport company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

2. The Services

The Services constitute a technology platform that enables users of iBoxt’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transports/or logistics services with independent Third-Party Transporters of such services, including independent Third-Party transport providers and independent Third-Party logistics providers under agreement with iBoxt or certain of iBoxt’s affiliates (“Third Party Providers”). Unless otherwise agreed by iBoxt in a separate written agreement with you, the Services are made available solely for your personal, noncommercial of Business commercial use. YOU ACKNOWLEDGE THAT iBOXT DOES NOT PROVIDE TRANSPORTS, MOVES OR PICKUPS OR LOGISTIC SERVICES OR FUNCTION AS A TRANSPORT CARRIER AND THAT ALL SUCH TRANSPORTS, MOVES, PICKUPS OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY iBOXT OR ANY OF ITS AFFILIATES.

License.

Subject to your compliance with these Terms, iBoxt grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, and/or commercial use. Any rights not expressly granted herein are reserved by iBoxt.

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by iBoxt; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Provision of the Services.

You acknowledge that portions of the Services may be made available under the iBoxt brands or request options associated with transports or logistics. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of iBoxt’s subsidiaries and affiliates; or (ii) independent Third-Party Transporters, including transport company drivers, transport permit holders or holders of similar transport permits, CDL, authorizationsor licenses.

Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that iBoxt does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such Third-Party services and content. iBoxt does not endorse such Third-Party services and content and in no event shall iBoxt be responsible or liable for any products or services of such Third-Party Transporters. Additionally, Apple Inc., Google, Inc., Microsoft Corporation and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or any powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

Ownership.

The Services and all rights therein are and shall remain iBoxt’s property or the property of iBoxt’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner of iBoxt’s company names, logos, product and service names, trademarks or services marks or those of iBoxt’s licensors.

3. Your Use of the Services

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal Sender Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to iBoxt certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information with us and in your Account as iBoxt’s expands its brand. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or iBoxt’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by iBoxt in writing, you may only possess one Account.

User/Sender Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive logistics services from Third-Party Transporters unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials, unless otherwise specified in writing by iBoxt). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Transporter or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Text Messaging.

By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from iBoxt by contacting us at Sender Support@iBoxt.com. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

Your Account.

Senders and Transporters are assigned one lifetime account. If you delete your account, you will lose any and all earnings, stored data, banking information and Share Code earnings that may have accrued or will be accrued for anyone who uses, has used or continues to use your Share Code. You will not have any rights to any pending earnings in the future to any earnings, pending or otherwise associated with a deleted account. It is not possible to redeem, revive or restore any Share Code earnings once your account has been deleted. 

Share Codes.

Share codes are unique to you and identify you as a user of iBoxt Services. Individuals, businesses and Transporters are all assigned a unique Share Code to share with family, friends and on social media platforms. Share codes are core to the usage of the iBoxt app and were created to have a social impact on our society. Senders, transporters, businesses and educational institutions who share their personal codes will receive ten dollars ($10) on every completed transport over $75 and five dollars ($5) on every repeat completed transport over $50 from the same user.

The user of the Share Code receives 15% off their transport, every time they use a Senders Share Code.

The Use of Share Codes.

It is not possible to use your own share code. The mission of iBoxt is to create a positive impact on people’s lives when they perform an everyday task like transporting, moving, transporting or picking up items that need to be transported from Point A to Point B. iBoxt gives you a Share Code so you can earn money doing an everyday task and allows you to give back to someone in your life.

Promotional Codes.

iBoxt may, in iBoxt’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third-Party Transporter’s services, subject to any additional terms that iBoxt establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by iBoxt; (iii) may be disabled by iBoxt at any time for any reason without liability to iBoxt; (iv) may only be used pursuant to the specific terms that iBoxt establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. iBoxt reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that iBoxt determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

Preparing Your Items for Transport

Insurance.

Senders can select the option to insure their transport for $15.00 covering items up to $100 in damage if any such damage is present and evident during a transport. Transporters are required to take images of the item(s) being transported to get an approval from the Sender. Third-Party Transporters are not responsible for approving or reporting damage, they are responsible for taking an image of the item(s) being transported. It is the sole responsibility of you, the sender, to make sure you are informed of any damage by the seller or any damage on any item from a pickup, move or any transport and that you do not hold iBoxt, it’s officers or Third-Party Transporters responsible. The iBoxt app is industry specific and facilitates moves, pickups and transports of such items. All Third-Party Transporters and associates who hold a business account with iBoxt and who use the iBoxt services are bound by the insurance of each Third-Party Transporter during a transport. Senders have the option of adding their own private insurance for all non-industry related moves, pickups and transports.

Packing.

Pack up your item(s) being transported in a box, packed, wrapped, closed, sealed or protected. iBoxt Third-Party Transporter is not responsible for your item’s condition while it is in transport. At pickup, you will be prompted to give the transporter permission to take any item not packed or protected and will agree to take item “as is”. You further agree to our policy of packing your items(s) correctly and will not hold iBoxt or its Third-Party Transporters responsible for any item not properly protected during, before or after a pickup, move or transport.  

It is helpful to always make sure you follow these simple rules of packing up your item(s).

  1. Label your item being transported. If you have more than 1 item, label each item 1 of the total number of items being transported. Ex: if you have 10 boxes, label each box 1 of 10, 2 of 10, 3 of 10 etc.
  2. Pack each item in a sealed container, box or if the item is large, wrap or protect the item with plastic wrap, tape etc.
  3. If you are transporting furniture, take the proper precautions to protect your items the best way possible to prevent damage or dirt.
  4. Be mindful of the transporters job, if the item is heavy or cumbersome, understand that added stress will be added to the item and may affect the items overall state.

Pickup.

Be prepared for the Third-Party Transporter and pickup. Make provisions for the vehicle if you are in a city, prepare and know your buildings guidelines for moving and make proper arrangements for the Third-Party Transporter vehicles that will be arriving. It is incumbent upon you (the Sender) to make proper provisions for iBoxt transports in order to facilitate a smooth transport.

User Provided Content.

iBoxt may, in iBoxt’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to iBoxt through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to iBoxt, you grant iBoxt a national, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and iBoxt’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant iBoxt the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor iBoxt’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by iBoxt in its sole discretion, whether or not such material may be protected by law. iBoxt may, but shall not be obligated to, review, monitor, or remove User Content, at iBoxt’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. iBoxt does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third-Party Transporter (“Charges”). After you have received services or goods obtained through your use of the Service, iBoxt will facilitate your payment through Stripe our Third-Party processor and Chase Bank (aka) JPMorgan Chase of the applicable Charges on behalf of the Third-Party Transporter as such Third-Party Transporter’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third-Party Transporter. Charges may include other applicable fees, tolls, and/or surcharges including a transport fee, national, provincial and municipal tolls, uncharges for additional man power, airport surcharges and processing fees for split payments, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by iBoxt. You retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods. iBoxt will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated by iBoxt’s Third-Party processor, Stripe using the preferred payment method designated in your Account, after which iBoxt will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise or not able to be charged you agree to provide a valid form of payment for be charged, you agree that iBoxt may use a secondary payment method in your Account, if available.

As between you and iBoxt, iBoxt reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in iBoxt’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand and/or traffic. iBoxt will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. iBoxt may from time to time provide certain Senders with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third-Party Provider at any time prior to such Third-Party Provider’s arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third-Party Provider for the services or goods provided. Except with respect to moves, transports or pickup services requested through the Application, iBoxt does not designate any portion of your payment as a tip or gratuity to the Third-Party Provider. Any representation by iBoxt (on iBoxt’s website, in the Application, or in iBoxt’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that iBoxt provides any additional amounts, beyond those described above, to the Third-Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to provide feedback about your Third-Party and your experience while using the service. iBoxt does not have a Star Rating System, it is against iBoxt policy to leave derogatory remarks about the Third-Party for others to see, iBoxt maintains transparency and user integrity by providing a profile created by other users regarding their experience with that particular Third-Party through a series of check boxes to select that best reflects the Third-Party professionalism based on their experience. Therefore, if a certain Third-Party Transporter is missing certain checkboxes with positive descriptions and they have been driving with the iBoxt app for over a year, it is safe to assume that you may experience the same. In the event of an issue or dispute as a result of something happening during a move, pickup or transport, and you would like iBoxt to know about this issue, you will have the opportunity to message our dispute team to help with a resolution. 

Facebook, Craigslist and The Like.

Transporters cannot take, exchange money, process payments, or take cash on behalf of any Sender during a move, pickup or transport, during or after a transport or at any time while using iBoxt services. All monetary transactions other than gratuity need to be handled directly through the parties. It is against iBoxt policy to involve a transporter in any transactions regarding money or charges.  

5. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IBOXT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, UBER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. UBER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY TRANSPORTERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

iBOXT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY TRANSPORTER, EVEN IF iBOXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. iBOXT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND iBOXT’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY TRANSPORT PROVIDERS PROVIDING MOVING, PICKUPS OR TRANSPORT SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL iBOXT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $100.00.

iBOXT’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE MOVES, TRANSPORTS OR PICKUPS OF GOODS OR LOGISTICS SERVICES WITH THIRD PARTY TRANSPORTERS, BUT YOU AGREE THAT iBOXT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY MOVES, TRANSPORTATS, PICKUPS OF GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY TRANSPORTERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity.

You agree to indemnify and hold iBoxt and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) iBoxt’s use of your Sender Content; or (iv) your violation of the rights of any third party, including Third Party Transporters.

6. Left Items in Vehicles, Hauls etc.

You understand and agree that it is your responsibility to ensure that everything is removed from the vehicle of a Third-Party Transporter after a transport. Should any items be left in the vehicle of a Third-Party Transporter, the Third-Party Transporter can contact you or an iBoxt representative will assist in the return of the left item(s) to you. It is the responsibility of you, the Sender to make sure you have all of your items and in the case of multiple items, all items should be labeled 1of 10, 2 of 10 etc.

Whilst iBoxt will take reasonable steps to establish the owner of property left in a Third Party Transporter’s vehicle and in the event of your property is in the iBoxt entity’s possession, you understand and agree that: (i) iBoxt or the iBoxt local service entity will only keep your property in its possession for a maximum period of 4 weeks from the date on which the Third Party-Transporter handed your property to the iBoxt local service entity; and (ii) should you fail to collect your property from the iBoxt local service entity before the expiry of the 4 week period stipulated, the iBoxt local service entity will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever against iBoxt or the iBoxt local service entity in respect of your unclaimed items(s).

7. Governing Law; Arbitration.

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Ct and Delaware, excluding its rules on conflicts of laws. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted, the Dispute shall be resolved by one (1) arbitrator. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

8. Other Provisions

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to iBoxt’s legal counsel.

Notice.

iBoxt may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to iBoxt by email to Support@iBoxt.com

General.

You may not assign or transfer these Terms in whole or in part without iBoxt’s prior written approval. You give your approval to iBoxt for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer ofiBoxt’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, iBoxt or any Third-Party Provider as a result of the contract between you and iBoxt or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”