Mailbox Terms of Service
Last updated August 13, 2023
The following Terms of Service (“TOS”) are between you and How Do You Tech Ltd (the “Company”, “we”, “HDYTech”) that govern your use of HDYTech’s Virtual Mailbox service (“Service”). Before you use the Service, you must agree to these TOS. You can agree to these TOS by actually using the Service or by clicking a check box, if made available to you, that indicates you agree to the Service.
Please do not use the Service if you do not agree to any of the following terms.
Your Use of the Service
You agree that you will not use the Service for any unlawful, illegitimate, or fraudulent purpose, or for any purpose prohibited by our country, Nigeria. You must use the exact mailing address for the mailbox (“Mailbox”) without modification. Any mail without a proper address will be returned or not received from the sender or delivery personnel and will be labeled or endorsed as “Undeliverable as Addressed.”
You agree that any use of the Mailbox shall be in conformity with all applicable federal, state, and local laws.
Upon request, you agree to complete all necessary documents and any required acknowledgment from relating to service of process.
As your Commercial Mail Receiving Agent (“CMRA”), the Company will receive your mail and packages during the time that your account is active with us. An “Active Account” is an account that is not canceled and is not suspended or terminated by the Company for any violation of policies as set forth in this TOS.
You agree to use the proper mailing address for the Mailbox given to you when you sign up for the Service. You understand and agree that the Company has no liability for any undeliverable mail resulting from improper address or address formats. It is your sole responsibility to make sure that the address you use is correct.
Your Account, Password, and Security
As a condition to using the Service, you are required to register with the Company and select a password and user name (“User ID”). You shall provide us with accurate, complete, and updated registration information. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your account information, including your password.
“Content” means any information that may be generated through the use of the Service, such as data files, written text, software, images, messages, graphics, and any other like materials. You understand that all Content, whether publicly or privately transmitted on the Service, is your sole responsibility. This means that you are solely responsible for any Content that is transmitted through email, downloaded via the web browser or any mobile device, or stored on any hardware media such as a hard drive, USB drive, or other online storage services. You understand and agree that your use of the Service and any Content is solely at your own risk.
As your CMRA, we will accept all mail including registered, insured, and certified items. Unless prior arrangements have been made, we shall only be obligated to accept mail, or packages delivered by commercial courier services, which require a signature from us as a condition of delivery. You must accept and sign for all mail and packages upon the request of the Company. In the event you refuse to accept any mail or package, we may return the mail or package to the sender and you will be responsible for any postage or other fees associated with such return.
The Company does not accept any C.O.D. items.
You authorize the Company to scan the outside of your mail and take photos of your packages. You also authorize the Company to open the mail and scan the inside content of the mail on your behalf upon your request submitted either through the web/phone application or over email. The Company reserves the right to refuse to scan any mail content that is unreasonably excessive. “Unreasonably excessive” as used herein means that the amount of scanned mail content greatly exceeds the average level of mail pages of members of the Service generally. Mail types that will not be scanned shall include but not limited to (i) magazines; (ii) books; (iii) brochures; (iv) catalogs; and (v) voting ballots.
Mail Storage Period
You understand that the Company will only store your physical mail in the Center for up to 45 days from the date of receipt of the mail unless otherwise indicated or specified in the Service you signed up for. It is your responsibility to re-mail your mail before the mail reaches past the storage period. You agree and authorize the Company to trash and shred at its sole discretion any mail that has passed the storage period.
Cash, Currency, Gift Cards, and Prepaid Debit Cards (“Currency”)
You agree that the Company is not responsible for Currency delivered to the Center. You acknowledge and understand that you and your senders send Currency through the mail at your and their own risk, and that you solely assume that risk. In the event that you request us to obtain any security or redeem code off a gift card, you agree to not hold us liable should you find any discrepancies in your card balance.
Acceptance for Service of Process
By requesting and obtaining use of a private office address receiving service in Nigeria, you acknowledge that:
You are obligated to disclose your actual home address or place of residence and accepted Identification number on registration or other form as may later be developed and you further agree that you will provide prompt written notice to this CMRA of any subsequent change in my home address or place of residence.
By signing up for the Service, you irrevocably authorize us to act as your agent for service of process to receive any legal documents that may be served to you. This authorization shall continue from the date of this agreement until 6 months after your mail-receiving service has been terminated. You understand that this CMRA will (A) place a copy of the documents or a notice that the documents were received into your mailbox or other place where you usually receive my mail, unless your mail receiving service has been terminated, and (B) send all documents by first-class mail to the home or other address last known to the CMRA.
You further acknowledge that you understand that use of a virtual private office address receiving service for commercial purposes in Nigeria requires you to comply with all applicable laws of the country. Violation of these laws may result in criminal or civil penalties or both.
Changes in Price
The Company may, upon notice required by applicable law, at any time change the Service price or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the Service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
Termination or Cancellation of Service
You can cancel your account and subscription by submitting a cancellation request anytime before your subscription renews. If you have a contract term with us, you must submit your cancellation request before the term ends. You cannot terminate a contract term early unless the contract contains its own cancellation policy. Your account will be closed at the end of your current billing cycle.
You agree that the Company may terminate or cancel this TOS for good cause at any time. The Company shall make any such termination or suspension in its sole discretion, without any refund to you of any prepaid fees or amounts. The Company will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service. Good cause shall include but is not limited to:
- You abandon the Mailbox.
- You use the Mailbox for unlawful, illegitimate, or fraudulent purposes.
- You fail to pay monies owed to the Company when due.
- You receive an unreasonable volume of mail or packages. “Unreasonable volume of mail or packages” as used herein means your usage within a given day or month greatly exceeds the average level of monthly or daily usage of members of the Service generally.
- A request and/or order from law enforcement, a judicial body, or other government agency.
- You violate any provision of this agreement.
- Your account remains in Suspension for more than 15 consecutive days.
- Your behavior towards our employees is offensive, violent, disruptive, abusive, or threatening.
- Discontinuance or material modification to the Service or any part thereof.
- Unexpected technical or security issues or problems.
- You fail to provide or the Company is unable to validate correct and accurate contact and personal information that we require of all customers.
- You provide and use a payment mechanism that is likely being used or will be used in a fraudulent manner.
Upon expiration, cancellation, or termination of this TOS, the Company will:
- Close and restrict access to your online account at the end of your current billing cycle.
- Cancel all pending requests and orders associated with your account.
- Re-mail (i.e., forward) your mail to you until your Account Balance falls below $0. It is your responsibility to make arrangements with us to identify any mail forwarding needs PRIOR to the expiration, cancellation, or termination of this TOS.
- Retain your mail, other than Unsolicited Mail, at the Center for a period of thirty (30) days, if you leave no forwarding fees and forwarding address. After such time any mail or package may be discarded or destroyed.
- Discard, destroy, or return to sender any mail (e.g., bulk mail: mail addressed as “occupant,” “current resident” or similar designation; or coupons, advertising, or other promotional material) delivered to or remaining at the Center.
- Return any new or future incoming mail back to sender. Returned mail will show as “Attempted – Not Known”.
- Refuse any package addressed to you delivered by any party or any commercial courier service.
- Refund any remaining credits, if any, in your account balance back to the original payment card on file with us provided that the most recent credit was added within 60 days before the date your account is closed. Remaining credits resulting from a check payment will not be refunded.
- You agree to release us from compliance with any obligation to re-mail any mail or package received after your account has been terminated.
- You further agree that the foregoing is intended to be a written instruction from you to us that your mail need not be re-mailed except as expressly stated in this TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN PARTICULAR, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND PARTNERS MAKE NO WARRANTY THAT (i) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE; (ii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS; AND (iv) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AND AGENTS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (i) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (ii) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, (iii) FOR ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (iv) FOR THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE.
We view the protection of users’ privacy as a very important community principle. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use and protect your information only as described in our Data Processing Addendum (“DPA”). If you object to your Information being transferred or used in this way please do not use our services.
In the event of a conflict between these Terms of Service and the terms of our DPA, the terms of our DPA shall govern and control with respect to all privacy-related matters.
Any notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address as set forth in your registration form. In such case, notice shall be deemed given three days after the date of mailing.
If any provision of this TOS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this TOS in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this TOS.
We may amend this TOS at any time by posting the amended terms on this Site. It is your responsibility to check these TOS periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these TOS, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and Service.