Legal Notice and Terms and Conditions of Use

Citibox Smart Services, S.L. ("Citibox") is the legal and beneficial owner and licensor of the Citibox app through which we provide software services for the delivery of parcels to Citibox mailboxes ("Service"), which we make available to professional users ("Couriers").

The purpose of this app is to act as a tool for couriers for the delivery of parcels in Citibox mailboxes. Access to and browsing of the app is free of charge, and acceptance of these terms and conditions is a necessary condition for its use. The app is aimed exclusively at courier professionals ("Couriers") and not at consumers or non-professional users.

1. General
   1. These terms and conditions of use (hereinafter the "General Terms of Use" or "TOU") govern the access and use of the Citibox app in any of its versions and of any other software, service or function associated with it provided by Citibox that is not accompanied by its own particular conditions that replace them. These terms and conditions shall also apply generally, to the extent applicable, to services that are not accompanied by specific terms and conditions. 

These TOU are composed of the following terms and conditions:

1. Terms and conditions of license to use the app.
2. Terms and conditions of the service.
3. The other terms and conditions referred to in the Legal Notice such as: (i) privacy policy and (ii) cookies policy.
4. Please read the present TOU carefully, which set out the terms and conditions governing your use of the app. 
5. By clicking "I agree", or by downloading, installing and using Citibox, you acknowledge that you have read, understood and accepted all the terms and conditions of these TOU;
6. You declare that you have the authority and legal capacity, and that you are of legal age, to enter into these TOU (including all specified terms and conditions referred to in the legal notice).
7. Citibox disclaims liability in the event that false or misleading information about the Courier has been entered when completing any application or registration form. In any event, the Courier and/or, where applicable, their employers, are responsible for this.
8. If you do not agree to all of the terms and conditions of these TOU, or do not have the authority to agree to these TOU and/or to bind the end user to the terms of these TOU, do not click "I agree", download, install or use the app.
9. If you wish to contact us for any reason in relation to the App, please contact us at atencionalcliente@citibox.com . 
10. Term. This TOU shall remain in force until their termination, and those provisions which by their nature must remain in force after the termination of the TOU shall remain in force once the same has been terminated. Couriers may terminate the TOU at any time by permanently uninstalling the app or by unsubscribing from the service. Citibox may terminate or modify the TOU at any time at its sole discretion by notifying the appropriate party by the means made available by Citibox.
11. Citibox may update the TOU at its sole discretion, without the need for express prior notice, without affecting any goods or promotions that were purchased prior to the change. If you do not accept the revised version of the TOU, you will no longer be able to use the app. If at any time you are no longer able to comply with the current TOU, the TOU must be terminated in accordance with section 1.8 and you must stop using the app immediately.
12. These TOU, which incorporates by reference all documents applicable thereto and in this or the Legal Notice referred to herein, constitute the entire agreement between the Courier and Citibox with respect to the app and the Citibox service and supersede all previous agreements between the Courier and Citibox. The Courier further agrees to comply with all applicable laws in relation to the TOU.
13. Safeguarding and interpretation. If any of these provisions are declared by any competent authority to be illegal, invalid or unenforceable, this shall mean that the provision shall be interpreted as closely as possible to the original intention of such provision. In any event, such a declaration in respect of any provision or provisions shall not prejudice the validity of the remaining provisions.
14. Partial invalidity. Couriers and Citibox agree that if any provision of the TOU is declared illegal or unenforceable, such provision shall be deleted, in which case the remaining part in question shall remain in full force and effect.
15. Citibox would not be able to provide the Citibox app on market terms without the existence of such limitations. No waiver to enforce or cure a breach of any provision of the TOU shall constitute a waiver to enforce or cure a breach of any other provision of the TOU, whether or not of a similar nature. If any provision is declared invalid by a court or competent regulatory body, such provision shall be deleted, without affecting the validity of the remaining provisions.
16. Language. The language applicable to these TOU is Spanish. If versions in other languages, such as English, are provided, it will only be for the mere courtesy and convenience of the Courier. In the event of contradiction, the Spanish version will prevail.
17. Applicable law and jurisdiction.
    1. The construction, validity and performance of the TOU and all non-contractual obligations arising therefrom shall be governed by the laws of Spain.
    2. Any action or proceeding initiated to resolve a dispute arising from the TOU will be subject to the jurisdiction of the Courts and Tribunals of Madrid and by accepting this document, you accept this venue, waiving any other applicable jurisdiction or the competence of any other courts and tribunals.

TERMS AND CONDITIONS OF LICENSE AND USE (EULA)

1. License
   1. By using Citibox you are granted a non-exclusive, non-transferable, non-sublicensable, fully paid-up, royalty-free license to use Citibox and a non-exclusive, non-transferable, fully paid-up, royalty-free right to reproduce and use the app.
   2. This license does not permit you to engage in any of the activities described below, and you agree that a breach of any of the following limitations will constitute an infringement of Citibox's intellectual property rights:
      1. you may not sell, license or assign the Citibox app or any reproduction or modification thereof to any person or entity;
      2. you may not develop, distribute or host any server or software designed to interface with the app or to redirect or emulate the communications protocols used by Citibox;
      3. you may not modify the app or any part of it;
      4. you may not copy, translate, reverse engineer, derive the source code, modify, disassemble, decompile or create derivative works of the app or any part thereof or permit or authorise any third party to engage in any such activities;
      5. you may not develop, distribute or use any third-party software designed to affect the experience of the Citibox app.
   3. The license granted under these TOU does not confer title or ownership of the app and shall not be construed as a sale of any rights in the app. All right, title and interest in and to the App are owned by Citibox.
   4. Accordingly, you acknowledge that Citibox is and shall be the owner of all rights in the Citibox app. This app is protected by Spanish and EU intellectual property laws, international treaties and other applicable laws.
2. Intellectual property rights
   1. All intellectual and industrial property rights over the app and its contents, including the programming, design, applications, graphics, codes, text or images, brands, commercial names, distinctive signs and other elements present therein belong exclusively to Citibox, including the brands, or it has sufficient rights and/or authorizations for their exploitation.
   2. As a consequence of the above, any reproduction, distribution, public communication (including making available), transformation or any other form of exploitation, not even quoting the sources, is prohibited, except with the prior, express and written consent of Citibox.
   3. If you detect any infringement, please notify us at the e-mail address indicated in the header.
3. Accessibility
   1. The use of the app is reserved for users who are natural persons of legal age in accordance with the provisions of Spanish law, acting in their capacity as professional couriers, either as self-employed or carrying out their activity on behalf of validly constituted legal entities dedicated to the transport of goods, with the prior authorisation of the company for the use of the app and the services of Citibox, by a person with the capacity to do so within the company, being a necessary condition for the use of the app by the latter. 
   2. In the case of companies that have contracted premium access to the platform, the contract between Citibox and the company in question shall prevail.
4. Use of the app

By using the app, the Courier undertakes to:

1. Use the app in a diligent, correct and lawful manner, always respecting current legislation, morality and good customs, as well as public order.
2. No to transmit its username and password to unauthorized third parties, and immediately notify the Provider of any access to such information by an unauthorized user.
3. Periodically review this EULA, or any other applicable EULA, for any changes that may be made to it.
4. Review communications sent to him or her by Citibox, as they may contain important information.
5. Not to use the app for commercial purposes, especially to collect information or content for the purpose of providing services that are clearly in competition with Citibox.
6. Not modify or attempt to modify in any way, or take any action or use any means intended to simulate the appearance or functions of the app.
7. Not to damage, disable, overburden or impair the service (or the network(s) connected to the service), or interfere with its use and enjoyment.
8. Refrain from taking any action that involves the introduction of computer viruses, worms, Trojan horses or any other malicious code designed to interrupt, destroy or limit the functionality of the app.
9. In any case, not to carry out any type of act that may violate the rights or interests of Citibox or third parties, such as, for example, intellectual or industrial property rights (patents, trademarks, copyright, trade secrets, etc.).
10. Not to disseminate content of a racist, xenophobic, pornographic or terrorist nature and/or that violates human rights.
11. Not to carry out illicit activities, contrary to good faith, customs, morality or public order.
12. Liability
    1. The Citibox app is provided "AS IS" without warranty, express or implied, of any kind.
    2. To the extent permitted by applicable law, Citibox assumes no liability in connection with the use of the app.
    3. Citibox makes every effort to ensure that the app is operational and functioning properly at all times, but cannot guarantee this, as there are circumstances beyond Citibox's control or which are deemed to be unforeseeable by us, in which case we assume no liability.
    4. Despite our continuous effort to protect the systems and contents included in the app, for which it uses the usual security standards on the Internet, it is not possible to offer full guarantees in relation to the intrusions or loss of information that may occur. Similarly, the absence of viruses or other harmful elements in the app or in third-party websites that may cause alterations in the Courier's computer system, both software and hardware, cannot be guaranteed. For this reason, the Courier assumes and understands that there are situations that may be beyond the control of Citibox.
    5. The app may include links to pages or sites of third parties outside Citibox, for which it does not assume any type of responsibility as it does not approve or review their functions and contents. Couriers who access any link published in the app do so at their own risk and without Citibox assuming any responsibility for it.
    6. Likewise, Citibox is exempt from any liability arising from misuse of the same by Couriers or its use by unauthorized users or users who do not comply with the EULA for this purpose, as well as for breach of the obligations or commitments assumed under this EULA or any other applicable ones.
    7. Citibox assumes no liability for the consequences arising from errors on the part of the Courier in verifying compliance with the necessary or recommended technical requirements or in the use of the app itself.
    8. The Courier shall indemnify Citibox against any damages, losses or costs incurred or claimed by any third party as a result of the Courier’s misuse of the app.
    9. The Courier acknowledges that the information and documentation received from Citibox may contain errors, and must inform Citibox as soon as possible so that it can try to resolve them.
    10. The Courier must have the necessary elements for the correct functioning of the Citibox app, including a suitable mobile device and Internet connection, all at their own risk and exclusively at their own expense.
13. Damages
    1. Citibox may sanction any of the Couriers who breach the EULA applicable to them, with the impossibility of accessing the app, temporarily or indefinitely. The duration of the sanction will depend on the type of infringement committed. The restriction of access does not entail any right to compensation in any case.
    2. Any kind of damage, harm, loss or cost (including lawyers' and/or attorneys' fees) arising from a breach by the Courier of the EULA or any other applicable breach incurred by Citibox shall be compensated by the Courier who caused it. This includes any third-party claims arising from such breaches.
14. Modifications or alterations
    1. Citibox may change, modify, suspend or remove any aspect of the app at any time.
    2. Citibox may also impose limits on certain features or restrict your access to certain parts or all of the app without notice.
    3. Citibox may apply updates and modifications to the app at any time.
    4. Updates are essential to correct various deficiencies detected in the use or the incorporation of improvements or modifications to the app. To this end, you must apply the necessary updates in order to continue using the app.
    5. Citibox will not be liable for any deficiencies or errors in its use due to the lack of application of the update or modification of the app, which will be notified through the app and/or your mobile operating system.
15. Withdrawal from the use of the app.
    1. Couriers may unsubscribe from the app service by uninstalling the app.

TERMS AND CONDITIONS OF SERVICE (TCS)

1. Access to Citibox lockers.
   1. To deposit a parcel in the Citibox lockers:
      1. you must have previously registered in the app or webapp made available to you or;
      2. follow the instructions provided by the Citibox app or webapp during the process;
      3. open the locker with the opening number provided;
      4. insert the parcel in the indicated locker and close the locker correctly, making sure it is closed. 
   2. Citibox will automatically inform the recipient via push notification, email or SMS of the delivery made by you, in the Citibox locker for collection by the recipient, at which time the delivery will be effective.
2. Legal status of the parcel deposited in a locker. 
   1. The correct insertion of a parcel by a Courier in a Citibox locker and its closure, for the purpose of making it available to the addressee, entails the creation of a commercial deposit contract, automatically entered into between the Courier (either personally, or in the name and on behalf of the company for which he/she carries out his/her activity) and Citibox.
   2. Consequently, once the parcel has been correctly delivered in the lockers, Citibox assumes the obligation of custody over the parcel correctly deposited in the lockers and shall be liable to the Courier for any theft or damage that the parcel may suffer during its placement in the lockers, except for defects caused by the nature of the parcel, goods excluded from application in accordance with the provisions herein, deficiencies or insufficiencies in the packaging or causes attributable to the sender or the carrier.
   3. Until its removal by the final consignee, the parcel will remain in the locker and will be made available to the consignee for removal within the established period. For the purposes of current legislation, only when the goods are effectively withdrawn will they be considered delivered to the final recipient. 
   4. Citibox does not manipulate or access the parcel at any time, so any objective responsibility for damage that the parcel may suffer is excluded, and in any case it will be presumed, unless proven otherwise, that the parcel was delivered in the same conditions in which it was collected by the recipient.
   5. Insurance during the custody of the parcel. The insurance contracted by Citibox for the protection of the parcels placed in the Citibox lockers will cover a maximum liability equal to an amount of 1.000,00 EUR exclusively for the period that the parcel remains inside the Citibox lockers. 
3. Prohibited items: 
   1. The deposit of parcels whose contents are contrary to the law or public order is prohibited. Goods or packages whose transport is subject to special provisions, such as: dangerous goods classified as ADR (aerosols, sprays, lighters, paints, batteries, varnishes, etc.) are expressly excluded. 
   2. Under the terms of the ADR (Agreement on Dangerous Goods by Road), the exemption of the regime called "Limited Quantities" (hereinafter "LQ") applies to deliveries to Citibox lockers within the limits set by the general terms and conditions of the carrier for which the Courier acts, on the understanding that the carrier itself has established terms and conditions compatible with the law. Otherwise, Citibox cannot be held responsible for any problems that may arise.
   3. The following shall likewise be considered as Prohibited Items: 
      1. Animals, dead or alive, biological samples, human remains, weapons, air guns, pistols, rifles, replica weapons, ammunition.
      2. Items prohibited or restricted by ICAO (International Civil Aviation Organisation). 
      3. Stolen items, or any other items of an illegal nature, either in the country of origin or destination. Money (including bearer bonds)/Debenture bonds/ Cash/ Counterfeit cash/ Collectable coins and bills/ Checks/Currency/Shares. Stamps (except those with a postage stamp) not considered as collectable or antique. Perishable goods (expiration date of less than 7 days and/or any goods that require specific temperature conditions for transport or storage). Passports/ ID cards. Gold or silver ingots. Drugs/Narcotics (illegal).
   4. Finally, parcels weighing more than 50 kg are not accepted.
   5. Any incident or liability of any kind arising from the delivery of prohibited items according to the above list will not be the responsibility of Citibox.
4. Notice of return due to non-collection.
   1. In the event that the recipient of the parcel does not proceed to remove it from the locker within seven (7) days, after the various notices and daily contacts made by Citibox during the stay of the parcel in the locker, Citibox may, where appropriate, inform the courier operator of the situation of non-collection, indicating how to proceed to remove the parcel from the Citibox locker where it was deposited.
   2. Citibox, where appropriate, may inform the courier operator of the non-collection situation, indicating how to proceed to remove the parcel from the Citibox locker where it was deposited, which will be marked as in "return status". 
   3. The Courier, or failing that Citibox, will proceed to remove the parcel from the locker and deposit it in its warehouses for a period of one (1) month since it was placed in the locker pending collection. After this period the parcel will be at the disposal of the Courier or Citibox, which may dispose of it or destroy it, at its sole discretion. 
   4. Modification of TCS. Citibox reserves the right to unilaterally modify the TCS, as well as the modification of the process of reception of parcels in the lockers, inclusion or modification of technology. The modification will be communicated by the means available to Citibox. Only those modifications that are relevant to the Courier and the development of its activity in relation to the Service will be notified.
5. Proof of delivery (POD)
   1. Citibox, if you have the Citibox app, will issue an electronic acknowledgement of receipt and proof of delivery of the parcel in the locker with the information indicated by you to the email address you have indicated during the registration process. 
      1. In case you do not have the Citibox app and operate with the webapp, you or your employer must request, where appropriate, the POD from Citibox.
   2. In addition, you authorise the Courier to access this information.
6. Maintenance of transport conditions. 
   1. The use of Citibox lockers and the Citibox system does not modify the particular conditions of transport that govern the provision of services. Citibox will not assume the particular conditions of transport agreed and does not participate in these conditions, thus limiting its responsibility to the custody from the moment the locker is properly closed with the parcel inside as indicated in the TCS.
7. Data protection and privacy 
   1. The Courier's personal data is treated in accordance with the privacy and cookie policies.
8. Withdrawal of the Citibox service.
   1. Couriers may cancel the service at any time by unsubscribing from the service by the means made available by Citibox.

Last update: December 23th 2021