Terms of Use and Sale (T&C)
Last updated: January 2025
Version: CG-1
Effective date: 19 January 2025
TABLE DES MATIERES
1. Legal Notice - Publisher Identity - Contact
The Platform named 'BoxSpot' (website and/or mobile application), hereinafter the 'Platform', is published and operated by BOXSPOT SARL, a Moroccan company registered with the Tangier Commercial Registry under number 166513 and identified under ICE No. 003804365000004, with its registered office at AV MOULAY ISMAIL RES MOULAY ISMAIL N22 5EME ETG N19 (hereinafter 'BoxSpot').
Support contact: contact@boxspot.ma. Support channels and availability hours are published on the Platform; BoxSpot reserves the right to modify them.
2. Purpose - Scope - Enforceability
2.1 These general terms and conditions (hereinafter the 'T&C') aim to define: (i) the conditions of access and use of the Platform (Terms of Use); and (ii) the conditions of sale and execution of the temporary luggage storage reservation service with partner merchants (Terms of Sale).
2.2 The T&C constitute a legally binding contract between the Client and BoxSpot. Any use of the Platform, account creation, navigation, and/or any Reservation implies express and unreserved acceptance of the T&C.
2.3 The T&C are enforceable throughout the duration of Platform use and for any Reservation. The applicable version is the one displayed on the Platform on the day of the Reservation (see Article 31).
2.4 The T&C apply subject to applicable mandatory provisions, particularly those relating to consumer protection and, more broadly, to applicable Moroccan law.
3. Definitions - Interpretation
3.1 For the purposes hereof, capitalized terms have the following meaning:
- 'Client': any natural person using the Platform and/or making a Reservation.
- 'Partner': any independent business, third party to BoxSpot, listed on the Platform, operating one or more Drop-off Points.
- 'Drop-off Point': physical location operated by a Partner where Goods can be deposited, stored and returned.
- 'Goods': luggage and personal belongings handed over by the Client to the Partner as part of a Reservation.
- 'Reservation': order placed on the Platform, paid online, associated with a unique identifier and QR codes, relating to a temporary deposit at a Drop-off Point according to a determined mode.
- 'Hourly Mode': Reservation mode in which the Client selects a start time (and, where applicable, an end time/duration) as displayed during the Reservation.
- 'Daily Mode': Reservation mode in which deposit and retrieval are within the Partner's opening/closing hours published on the Platform for the relevant date.
- 'Presumed Deposit Time': (i) in Hourly Mode: the start time chosen by the Client; (ii) in Daily Mode: the Partner's opening time published on the Platform for the relevant date.
- 'Retrieval Deadline': (i) in Hourly Mode: the end time/duration/deadline indicated in the Reservation; (ii) in Daily Mode: the closing time published for the relevant date.
- 'Deposit QR': QR code generated by the Platform allowing the Partner to validate the deposit on the Platform.
- 'Retrieval QR': QR code generated by the Platform after effective validation of the deposit, intended to allow retrieval.
- 'BoxSpot Credits': commercial credit credited to the Client's account, usable exclusively on the Platform according to Article 12.
- 'Minimum Card Threshold': minimum amount of 30 MAD required to authorize a card transaction when a balance remains to be paid after applying BoxSpot Credits, subject to full coverage (Article 12.5).
- 'Digital Evidence': all traceability elements generated and/or stored by the Platform (logs, server timestamps, statuses, payment/reservation histories, scans, external photo evidence, tickets and support exchanges).
3.2 Interpretation. Headings are inserted for convenience only and do not affect interpretation. The singular includes the plural and vice versa.
4. Service Qualification - Respective Roles of the Parties
4.1 Technical Intermediation. BoxSpot provides a technical intermediation service consisting notably of: (i) listing Drop-off Points; (ii) enabling Reservations; (iii) collecting online payment; (iv) generating QR codes; (v) ensuring digital traceability; (vi) providing support.
4.2 Absence of Material Custody by BoxSpot. It is expressly agreed that BoxSpot does not at any time ensure material custody of the Goods and does not perform any material operation of reception, storage, conservation or restitution. Material custody is ensured exclusively by the Partner from the effective handover of the Goods at the Drop-off Point.
4.3 Absence of Material Depositary / Carrier / Insurer Status. BoxSpot does not act as a material depositary, carrier, or insurer. The Platform does not imply physical handling of Goods by BoxSpot.
4.4 Independence of Partners. Partners are independent professionals. No provision shall be interpreted as creating mandate, representation, agency, franchise, de facto company or subordination relationship between BoxSpot and a Partner.
5. Access Conditions - Account - Client Declarations
5.1 The Client declares being of legal age and having the legal capacity necessary to contract.
5.2 The Client guarantees the accuracy, completeness and updating of their information. BoxSpot may request any reasonable verification measure in case of doubt, in compliance with applicable law.
5.3 The Client is solely responsible for the confidentiality of their credentials and any use of their account. Any action performed from the Client's account is presumed to emanate from the Client, unless contrary proof is admitted.
5.4 BoxSpot reserves the right to suspend, restrict or delete access to the Platform in case of suspicion of fraud, abuse, violation of the T&C, security risk, or threat to the integrity of the Platform.
6. Mandatory Principle: Prohibition of Deposit without Reservation
6.1 Depositing Goods without prior paid Reservation on the Platform is strictly prohibited.
6.2 Any deposit attempted outside the Reservation process may be refused without formality, and shall not engage BoxSpot.
7. Reservation Formation - Pre-contractual Information - Payment
7.1 Before validation, the Client has access to essential information: Drop-off Point, mode, applicable time slots, price, cancellation/credit rules, prohibitions, limitations, and claim conditions.
7.2 The Reservation is deemed formed upon confirmation of online payment and issuance of a Reservation identifier and Deposit QR.
7.3 Payment is exclusively made via the Platform.
8. Operational Process - Deposit / Retrieval - Traceability Chain
8.1 Deposit
The deposit is validated by the Partner via scan of the Deposit QR. The Partner may take external photo evidence of the luggage (without opening) for traceability, dispute prevention and claim management purposes.
8.2 The deposit is only deemed effective after validation on the Platform, as attested by Digital Evidence.
8.3 Retrieval
The Retrieval QR is generated after deposit validation. The Client must present it to allow restitution, except for application of the exceptional procedure in Article 18.
8.4 Personal Nature of Retrieval Means. QR codes are unique, personal and attached to a Reservation. The Client agrees not to share, transfer or disclose a QR. Otherwise, they assume the consequences of unauthorized use, within the limits of applicable mandatory provisions. In case of implementation of additional control (code, validation, OTP), the Client acknowledges that these measures are intended to secure restitution to the sole legitimate holder of the Reservation and to reduce risks of fraud and disputes.
9. Availability - Capacity - Absence of Absolute Guarantee
9.1 Partners, as independent businesses, may be subject to constraints (crowds, congestion, capacity, internal requirements, security).
9.2 BoxSpot implements availability and listing mechanisms according to a best-efforts obligation, without guaranteeing absolute and continuous availability of each Drop-off Point.
9.3 In case of unavailability attributable to the Partner preventing execution, BoxSpot may offer an alternative or apply the provisions of Article 12.6.
10. Prohibition of Circumvention - Cash Prohibition
10.1 The Client agrees to avoid any circumvention of the Platform (direct payment, off-Platform arrangement, handover of Goods without validation).
10.2 Any circumvention attempt may result in cancellation, account suspension, refusal of assistance and/or protective measures.
11. Reservation Modification
11.1 BoxSpot does not offer Reservation modification (time, duration, Drop-off Point, number of bags).
11.2 The only possible action before deposit is cancellation under the conditions of Article 12.
12. Cancellation Policy - BoxSpot Credits - Minimum Card Threshold
12.1 Cancellation Principle until the Minute Preceding the Presumed Deposit Time
The Client may cancel a Reservation until the minute preceding the Presumed Deposit Time. From the Presumed Deposit Time, the Reservation becomes non-cancellable, even if the Client has not yet deposited their Goods.
12.2 Application in Daily Mode
In Daily Mode, the Presumed Deposit Time corresponds to the Partner's opening time published on the Platform for the relevant date. The Reservation becomes non-cancellable from opening, even if the Client plans a later deposit.
12.3 Effect of Cancellation: BoxSpot Credits Mechanism
In case of compliant cancellation, BoxSpot credits the Client's account with an amount equivalent to the total amount paid for the cancelled Reservation, in the form of BoxSpot Credits. This mechanism constitutes commercial credit usable exclusively on the Platform under the conditions below.
12.4 Legal Nature of BoxSpot Credits
BoxSpot Credits constitute commercial credit:
- (a) usable exclusively on the Platform;
- (b) non-transferable, non-assignable, non-resalable;
- (c) non-refundable in cash, except for mandatory legal obligation;
- (d) valid for twelve (12) months from effective crediting;
- (e) cumulative.
12.5 Credit Usage - Minimum Card Threshold - Automatic Adjustment
(i) If Credits cover 100% of a new Reservation amount: no card payment is required. (ii) If a balance remains to be paid after applying Credits, card payment is only authorized if the amount to pay is >= 30 MAD. (iii) If full application of Credits would result in a balance < 30 MAD, the Platform will automatically limit Credits applied to leave a balance of 30 MAD, except for full coverage (balance = 0).
12.6 Exceptions (unavailability / malfunction / force majeure)
BoxSpot may, exceptionally, credit BoxSpot Credits after the Presumed Deposit Time in case of: (i) unavailability attributable to the Partner preventing execution, (ii) proven Platform malfunction attributable to it, or (iii) force majeure, based on Digital Evidence.
12.7 Non-abuse Clause
In case of manifest abuse (repeated cancellations, fraud attempts, circumvention), BoxSpot may limit certain features, impose security controls, suspend the account, or take any proportionate measure, within the limits of applicable law.
12.8 Without Prejudice to Right of Withdrawal
The provisions of this Article 12 apply without prejudice to the right of withdrawal when applicable, as provided in Article 12bis.
12bis. Right of Withdrawal - Law 31-08 - Exceptions
12bis.1 Principle
In accordance with the applicable provisions of Law No. 31-08 on consumer protection, when the Client acts as a consumer and makes a distance Reservation, they may benefit from a right of withdrawal under the conditions and deadlines provided by law.
12bis.2 Exception - Services Performed Before Expiration of Withdrawal Period
When the Reservation relates to a service whose performance has begun and/or is fully performed before the expiration of the legal withdrawal period, the Client acknowledges that their right of withdrawal may no longer be exercised, within the limits and conditions provided by law, particularly when performance was requested by the Client.
12bis.3 Articulation with BoxSpot Credits Policy
The cancellation policy provided in Article 12 (BoxSpot Credits) constitutes an internal commercial mechanism. It applies without prejudice to the Client's mandatory legal rights, and in particular the right of withdrawal when applicable.
12bis.4 Refund When Required by Law
When applicable law requires a monetary refund (particularly in the context of valid exercise of the right of withdrawal or any mandatory rule), BoxSpot will proceed with the refund in accordance with legal terms, after verification of Reservation elements and Digital Evidence.
12bis.5 Exercise Procedures
To validly exercise the right of withdrawal when applicable, the Client must contact support via contact@boxspot.ma, specifying: the Reservation identifier, their contact details and their express withdrawal request. BoxSpot may request any reasonable authentication element to prevent fraud, in compliance with applicable law.
13. No-show (Client Absence) - Effects
13.1 If the Client does not show up during the applicable time slot and does not proceed with deposit, the Reservation is deemed unexecuted due to the Client.
13.2 The Client retains their cancellation right only until the minute preceding the Presumed Deposit Time. Past this time, no credit is due, except for application of exceptions provided in Article 12.6.
14. Durations - Delays - Fees - Restitution Condition
14.1 The Client undertakes to retrieve their Goods no later than the Retrieval Deadline.
14.2 Maximum Duration. Unless otherwise expressly stipulated on the Platform, the maximum deposit duration is thirty (30) days.
14.3 Grace Period. A grace period of two (2) hours may be applied from the Retrieval Deadline, according to the terms displayed on the Platform. After this period, additional fees may apply.
14.4 Late Fees. Any overrun may give rise to additional fees according to the schedule displayed on the Platform and/or conditions associated with the Reservation. In case of day overrun, the daily rate may apply.
15. Dimensions / Weight / Nature of Luggage - Right of Refusal - Non-compliance
15.1 Goods must correspond to normal locker use (reasonable dimensions/weight) and any limits indicated on the Platform.
15.2 The Partner may refuse a deposit in case of manifest non-compliance (volume/weight out of gauge, leak, odor, risk, prohibited nature) or saturation.
15.3 If the refusal is attributable to non-compliance of the Goods deposited by the Client, no compensation after the deadline is due, except for BoxSpot's assessment under Article 12.6.
15.4 If the refusal is attributable to the Partner (unannounced closure, unjustified refusal, confirmed impossibility), BoxSpot may apply Article 12.6.
16. Goods Content - Prohibited/Illicit/Dangerous Items - Client Liability - No Opening Authorization (Double Shield)
16.1 Prohibition. It is strictly forbidden to deposit illicit, dangerous, perishable Goods or items likely to cause nuisance, damage, health risk, security risk or to expose BoxSpot and/or the Partner to any liability. Are notably prohibited: illicit substances, weapons, explosives, stolen objects, counterfeits, flammable/toxic/corrosive materials, waste, biological materials, leaking liquids, and any Goods incompatible with the nature of the service.
16.2 'Prohibited or Excluded Items' Annex. The Client declares and guarantees that deposited Goods are lawful, non-dangerous, compliant with these T&C, and do not fall within the categories of prohibited or excluded goods defined in the Annex (link to 'Prohibited or Excluded Items'), deemed to be an integral part of these T&C.
16.3 Client's Exclusive Liability for Content. The Client expressly acknowledges and accepts that they are solely liable for the content of the Goods they deposit, including in case of presence of illicit, prohibited or dangerous substances/objects. The Client alone assumes civil, administrative and/or criminal consequences related to the content.
17. Standard Maximum Value - Valuables - Pre-existing Damage
17.1 Unless otherwise expressly stipulated, the value of Goods is deemed not to exceed 200 MAD per bag.
17.2 Are prohibited and/or deemed not covered: cash, jewelry, securities, works of art, original official documents, high-value professional equipment, and any item of atypical value.
17.3 Pre-existing damage / normal wear. Usage alterations, structural defects, pre-existing damage or scratches do not, in principle, constitute damage attributable to the service. External photo evidence and traceability serve as reference to assess condition at deposit.
18. Alternative Retrieval Procedure (Exception) - Security
18.1 The Retrieval QR constitutes the standard and priority method.
18.2 In case of impossibility to present the Retrieval QR (loss, technical unavailability), BoxSpot may, exceptionally, offer an alternative procedure subject to:
- (i) contact with support;
- (ii) anti-fraud verifications (identity/reservation consistency);
- (iii) operational agreement of the Partner.
18.3 BoxSpot reserves the right to refuse this procedure if the risk is deemed too high, subject to mandatory provisions.
19. Non-retrieval - Formal Notice - Storage - Consignment - Sensitive Categories
19.1 Principle. The Client undertakes to retrieve their Goods no later than the Retrieval Deadline. In case of non-retrieval, the Goods remain under the material custody of the Partner, and additional fees may apply in accordance with Article 14.
19.2 Notifications and Formal Notice. In case of non-retrieval, BoxSpot may initiate a structured procedure based on timestamped notifications (email, in-app notification, and/or any registered channel), including notably: D+1: alert notification; D+7: reminder; D+15: reminder; D+30: digital formal notice; D+60: persistent non-retrieval finding.
19.3 Storage and Security Measures. During the non-retrieval period, the Partner stores the Goods in a reasonably secure space. BoxSpot may suspend the account and/or restrict access to the service until regularization.
19.4 Consignment / Structured Disposition (ordinary goods, low value). Failing persistent retrieval after formal notice, and only for non-sensitive Goods of a manifestly ordinary nature, BoxSpot may authorize the Partner to proceed, in a structured and traceable manner, either: (a) to consignment with a third party (e.g., external storage service) when possible; or (b) to proportionate material disposition (e.g., valueless destruction or convenience transfer), strictly limited to recovery of reasonable storage and/or execution costs, and subject to applicable mandatory provisions.
20. Claims - Reporting Period - Investigation - No Abusive Foreclosure
20.1 Claim Channel. Any claim must be submitted via BoxSpot support and include the Reservation identifier, as well as any useful element (photos, description, date/time).
20.2 Recommended Quick Reporting (4 hours) - Accelerated Processing. To enable efficient operational processing, the Client is invited to report any dispute regarding the apparent condition of Goods (damage/alteration observed) within a maximum recommended period of four (4) hours following validated retrieval.
20.3 Simple Presumption. After this recommended period, the Goods may be presumed returned in compliance as a simple presumption, which may be rebutted by any probative element, and without prejudice to the Client's mandatory legal rights.
21. Digital Evidence - Probative Value - Dispute Investigation
21.1 The Client acknowledges the probative value of Digital Evidence, notably logs, server timestamps, Reservation statuses, payment histories, scans, external photo evidence, tickets and notifications.
21.2 In case of dispute, BoxSpot will investigate the file primarily based on Digital Evidence, to facilitate amicable resolution, without prejudice to the Client's mandatory rights.
22. Chargebacks - Bank Disputes - Protective Measures
22.1 The Client is invited to contact support before any bank dispute.
22.2 In case of chargeback, BoxSpot may temporarily suspend the account, limit access to features and freeze Credit use during investigation.
22.3 In case of manifestly abusive chargeback, BoxSpot may refuse access to the service and take any useful action, in compliance with applicable law.
23. Service Level (Best-efforts Obligation) - Limitations
23.1 BoxSpot is bound by a best-efforts obligation: reasonable Platform availability, functioning of Reservation/payment/traceability journeys, support according to published hours.
23.2 BoxSpot does not guarantee the total absence of interruptions, nor a determined processing time for exceptional procedures, nor the permanent availability of all Drop-off Points.
24. Force Majeure
24.1 In case of force majeure, obligations may be suspended for the duration of the event.
24.2 BoxSpot may offer, depending on circumstances, rebooking or BoxSpot Credits in accordance with Article 12.6.
25. Liability - Limitation - Exclusions
25.1 Incidents relating to material custody (loss, theft, damage after deposit) are in principle the Partner's responsibility, subject to applicable law and assessment of facts (notably fault, negligence, or theft made possible). These provisions shall not have the effect of excluding or limiting liability in a manner contrary to applicable mandatory provisions.
25.2 BoxSpot is only liable in case of proven Platform malfunction attributable to it and, in any case, limited to its net commission actually received for the concerned Reservation, subject to mandatory provisions.
25.3 Indirect damages (loss of profit, loss of chance, image damage) are excluded, except for gross negligence or fraud, and subject to mandatory rules.
26. Security - Fraud - Suspension / Termination of Account
BoxSpot may, as a security measure, suspend or restrict access to the Platform, cancel Reservations, limit features, or delete an account in case of fraud, circumvention, prohibited items, abuse, or threat to service integrity.
27. Competent Authorities - Requisitions - Legal Measures - Seals
27.1 In case of request from a competent authority, BoxSpot and/or the Partner may be required to retain, transmit, immobilize or communicate information and/or suspend restitution, in accordance with applicable law. In case of intervention by a competent authority or execution of a legal measure, no opening, handling of content, destruction or transfer of Goods will be performed by the Partner without express instruction from authorities, except for apparent immediate danger requiring security measures.
28. Personal Data - Confidentiality (Reference)
The processing of personal data is described in the Privacy Policy published on the Platform. Certain strictly necessary data may be accessible to the Partner to execute the service, within a contractual framework of confidentiality and security.
29. Intellectual Property
The brand, the Platform, contents, interfaces, texts, graphic elements and databases are protected. Any unauthorized reproduction, extraction, alteration or use is prohibited.
30. Proof of Acceptance - Electronic Proof
30.1 Acceptance of the T&C may be materialized by any electronic process (checkbox, validation, payment).
30.2 Electronic records (server timestamps, logs, versions) constitute evidence between the Parties, except for contrary proof admitted within legal limits.
31. Modification of T&C - Applicable Version
BoxSpot may modify the T&C for security, compliance or evolution reasons. The applicable version is the one published on the day of the Reservation. Users will be informed by any appropriate means.
32. Amicable Settlement (Operational Mediation)
BoxSpot will endeavor to facilitate, when possible, amicable resolution between Client and Partner based on Digital Evidence, without acknowledgment of liability.
33. Applicable Law - Foreign Clients - Mandatory Provisions
These terms are governed by Moroccan law. For Clients residing outside Morocco, mandatory provisions of the country of residence may apply where applicable, without depriving these terms of effect to the extent permitted.
34. General Provisions - Jurisdiction - Language
34.1 Severability. The nullity of any provision herein does not affect the validity of other provisions, which remain in force.
34.2 Tolerance. A Party's failure to invoke a breach at any given time does not constitute waiver of the right to invoke it later.
34.3 Notifications. Notifications may be sent via the Platform, email, or any registered channel. They are deemed received according to available technical traces (timestamps, logs, acknowledgments).
34.4 Language. The French version prevails.
34.5 Applicable Law. These T&C are governed by Moroccan law.