The Brown Box Company Limited
Terms & Conditions

Please read the following important terms and conditions ("this Agreement") carefully before using this website (Site) or its freight forwarding service (Service). By accessing the Site and/or using the Service, you agree to be bound by this Agreement. If you do not agree with any of these terms and conditions, you should stop using the Site and Service immediately.

This Agreement sets out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this Agreement:

• 'we', 'us', 'our', 'the Company' means The Brown Box Company Limited; and
• 'you' or 'your' means the person using our Site to access the Services.

If you have any questions about this Agreement or any queries relating to your use of the Service, please contact us by sending an email to support@brown-box.com.

1 Your privacy and personal information

1.1 Our Privacy Policy is available at https://www.brown-box.com.
1.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
1.3 For the avoidance of doubt, please note that we are a company incorporated and operating in Jamaica and will handle your personal information in accordance with applicable data privacy laws and regulation.

2 Our Website

2.1 You agree to comply with all applicable laws in connection with your use of the Service and our Site. 2.2 You will not engage in conduct on or in connection with the Service or our Site that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. You will not cause damage, embarrassment, or adverse publicity to the Company.
2.3 You will cooperate with all our reasonable requests and will notify us promptly upon learning of any actual or suspected breach of this Agreement or any unauthorised use or abuse of the Service or the Site.
2.4 We reserve the right to terminate your use of the Service and access to the Site if you violate this Agreement and/or any applicable laws including, but not limited to, violation of our Intellectual Property Rights.
2.5 As a convenience to you, our Site may contain Content, links, and other information submitted by third parties over whom we have no control or responsibility. We have no obligation to monitor, control, or restrict the use of our Site or third party websites accessible via links on our Site. These other sites are not under our control and you acknowledge that (whether or not such sites are affiliated in any way with the Company) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by the Company or any association with its operators. Moreover, we have no obligation to verify any Content submitted by any user or third party or to provide any registration or other information to you concerning any Content.
2.6 We may, in our sole discretion, modify, edit, translate, suspend, restrict access to, or terminate the Service and/or our Site, this Agreement, the Content, or any link at any time without liability or prior notice. We may, in our sole discretion, terminate your browsing of, registration with, and use of our Site at any time without liability or prior notice for any reason, including for any breach of this Agreement.

3 Intellectual Property

3.1 We, or our licensors, are the proprietors of all content, text, images, data, information, and other material displayed, available or present on our Site ("Content"), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) or other intellectual property rights associated with the Site ("Intellectual Property Rights"). You may not use, without our written permission or the permission of respective owner, any Content on our Site except as provided for in this Agreement.
3.2 You may access, use, and display our Site on a computer or mobile device, and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with the provisions of this Agreement and all applicable laws. You may not otherwise reproduce, sell, publish, distribute, modify, display, or use any Content or portion of our Site without our prior written permission; provided, however, if the functionality of the Site permits the e-mailing of certain Content or a link through the use of an "e-mail to a friend" (or similar) icon, you may send that particular Content to others by e-mail.
3.3 We may require that you create a password and provide registration details to access our Site or portions of our Site. In this case, it is your responsibility to ensure that all the details you provide are correct, current, and complete. If we believe that the details are not correct, current, or complete, we reserve the right to refuse you, the use of the Service, access to the Site, or any of its resources, and to suspend and/or terminate your account. It is your responsible to maintain the confidentiality of any password(s) and registration details that grants you access to our Site. You agree to notify us immediately of any unauthorised use of your password(s) and/or registration details.

4 Nature of Service

4.1 Our Service includes:
4.1.1 freight forwarding service to allow you to receive parcels, mail, or other packages ("packages") in the USA to be shipped to Jamaica;
4.1.2 account service via our Site to manage your freight forwarding mailbox; and
4.1.3 obtaining custom clearance for your package on your behalf.
4.2 Upon registering for the Service on our Site, you will be provided with a forwarding address. It is your responsibility to ensure that this address is accurately stated when you use it on online marketplaces to ensure that your packages are correctly delivered. When a package is delivered to your forwarding address, we will ship the package to Jamaica subject to our schedule, applicable trade and customs regulations, and the terms of this Agreement.
4.3 We will receive and notify you of all packages (properly labelled with the mailbox number and other identification details assigned to you by the Company) and delivered to your forwarding address PROVIDED THAT:
4.3.1 we shall not be liable for any inadequacy relating to the nature of the goods including damaged or inaccurate contents;
4.3.2 you consent to our visual inspection of each package to determine whether the package can be shipped by air and or to identify and record any damage observed on the package;
4.3.3 we reserve the right to refuse to accept any package and will notify you of our reasons for doing so. In the event we refuse a package, it is your sole responsibility to pay any fees associated with returning the package.

5 Restricted Packages

5.1 You may not use the Service to ship any restricted item including, but not limited to, animal skins, articles of exceptional value (for example, works of art, antiques, precious stones or metals, high-value jewellery), cadavers or ashes, dangerous goods/hazardous materials, firearms, live animals, money and negotiable items, narcotics, perishable goods, plants, recreational drugs, wet cargo, or any other item prohibited by law in the origin and or destination country.
5.2 Dangerous goods/hazardous materials include, but are not limited to, explosives; gases (compressed, deeply refrigerated, liquefied or dissolved under pressure); flammable and combustible liquids; flammable solids; substances liable to spontaneous combustion; substances that on contact with water emit flammable gases; oxidizing substances; organic peroxides, poisonous (toxic) and infectious substances; radioactive nuclear substances; corrosives; miscellaneous products, substances or organisms which may reasonably be considered to be dangerous to life, health, property or the environment when handled, offered for transport by air or transported by air; goods that are otherwise by their nature or quantity either singly or collectively are liable to endanger life or imperil property. International Civil Aviation Organization regulations generally forbid the carriage of dangerous goods/hazardous materials aboard aircraft. If you cause, or attempt to cause, us to receive, inspect or forward by air any package containing dangerous goods/hazardous materials, you will be solely liable for any and all damages that may arise from any accidents or incidents involving the dangerous goods/hazardous materials.
5.3 We reserve the right to refuse and or suspend shipment of any package that is, or includes, a restricted item.

6 Charges & Payments

6.1 It is your responsibility to pay all duties, taxes, interest, and other charges due on imported goods in Jamaica. Our invoice to you will include all customs charges, if any, in addition to our service and shipping charges. You may access your user account on our Site to view a breakdown of the charges relating to each package.
6.2 You must settle your invoice before we discharge your package to you. We accept cash, credit cards and debit cards. If you do not settle your invoice in full within 14 days, we will store your package for a further 14 days and apply a daily rate for storage fee. If you do not settle your account in full within 30 days of the invoice date, we reserve the right to take any or all of the following actions:
6.2.1 auction, either publicly or privately, your package in satisfaction of all sums due and payable, including storage charges, and with no further liability to us;
6.2.2 suspend all Service for your account; and/or
6.2.3 terminate your account.
6.3 Our service charge is calculated per package and may include service and shipping costs, insurance, storage fee, and any additional charge based on the nature of the package. We reserve the right to increase our rates and charges without prior notice, and to continue such increases for periods we deem necessary. However, we will endeavour to publish a notice of our updated charges on our Site. It is your responsibility to check whether any updated rates have been published.

7 Receiving your package in Jamaica

7.1 We offer a pickup or delivery service during normal business hours on normal business days. If you opt for delivery, you must first settle your invoice in full before you will be permitted to schedule a delivery slot. If you opt to pick up the package, you may visit our office upon being notified that the package is available for pickup. You may settle your invoice before or at the time of your visit to our office.

8 Insurance

8.1 We will provide insurance coverage for all insurable packages unless you opt out of receiving this service or we, in our sole discretion, remove you from the insurance policy. If you opt out or we remove you from the insurance policy, you will not be charged an insurance fee. Insurance charges are based on the declared value of the package. Packages with no value declared (NVD) will be insured up to US$100 USD. Packages with a declared value over US$5,000 fall outside the scope of the insurance policy included with our Service. You acknowledge and agree to prepay any additional fees that may arise in insuring packages with a declared value over US$5,000. Restricted items and dangerous goods/hazardous materials are not insurable.
8.2 You may file a claim on lost and damaged packages, as well as on missing items from a package that are insurable provided you have not opted out of, or been removed from, the insurance policy. Claims for lost packages received by the Company but not forwarded to Jamaica must be filed within 30 days of the arrival notification at your forwarding address. Claims for lost packages stowed by the Company in a Customs bonded warehouse or in-store, must be filed within 30 days of the Customs hold or ready for pickup notification. Claims for damaged packages or for missing items from a package must be filed at the time of package delivery to you. You shall provide supporting documentation to substantiate claims and where an item was damaged, you shall return the original package, dunnage, and damaged item. You will cooperate with all reasonable requests of the Company for information pertaining to a filed claim. Claims may take up to 30 days to be processed. The Company will reimburse you by cheque or direct deposit for approved claims. The amount reimbursed will be the lowest of the following: declared value on the invoice accessible in your user account on our Site, declared value on the invoice found on/in package, or declared value on the invoice included with the claim (packages without an invoice will be valued at no more than US$100).

9 Dealing with Customs

9.1 In order to provide the Service to you, we will engage with Jamaica Customs Agency and various other external authorities ("Customs") in order to obtain custom clearance for your package. Customs will require unrestricted access to inspect your package as deemed necessary to safeguard Jamaica's border and overall security coverage. By using our Service, you authorise Customs to inspect your package and if necessary, to detain, confiscate, or destroy packages that pose a threat to Jamaica's national security. In such cases, you will defend, indemnify, and hold harmless the Company from any demands, claims, damages, liabilities, expenses or harms, including attorney's fees, arising in connection with inspecting, detaining, confiscating, storing, and destroying such packages. We will promptly notify you upon learning of a package being detained, confiscated, or destroyed. You will indemnify, and hold harmless the Company and our respective officers, directors, employees, and agents from any demands, claims, damages, liabilities, expenses, or harms, including attorney's fees, arising in connection with errors or acts of omissions on Customs declarations. Moreover, you will indemnify, and hold harmless the Company for any errors made or acts of omissions made by Customs in respect to valuation of packages.
9.2 You hereby authorise us, including our subsidiaries, affiliates, and agents, to act as your agent for the purpose of accepting, transporting, importing, and delivering your package including, but not limited to, making Customs declarations based on information provided by you or found within the package, and accepting valuations on your behalf.
9.3 You will be notified when we receive your package in our warehouse in the United States of America. Upon receipt of such notification, you are to provide to us a copy of your invoice for the goods contained in your package and any other documentation that we request for the purpose of facilitating Customs clearance and any other government requirements. We will store your goods in our warehouse for up to 30 days, at no additional charge. However, if your goods remain in the warehouse after 30 days (otherwise than due to our own error), storage fees will be applied to your account. If after 90 days of the shipment arriving at our warehouse in the United States of America (or as otherwise communicated to you), we have not received a copy of the invoice and any other documentation required to facilitate Customs clearance of your package, we reserve the right to dispose of those goods in any manner that we deem appropriate, including but not limited to, returning to sender or selling to third parties, with no obligation to report or account to you.

10 Limitation on our liability

10.1 WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES.
10.2 We will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental, or punitive damages, including without limitation damages for lost profits, goodwill, use, data, or other tangible or intangible losses, in connection with use of the Service, the internet, our Site, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of such damages. We will not be a party to, and will have no responsibility or liability for, any transaction negotiated or arranged by you arising in connection with the Service or our Site. In any event, if any of the foregoing provisions in this clause are not enforceable in an applicable jurisdiction, the maximum liability of the Company will be limited to, in our sole discretion, either the (a) correction or deletion of any inaccurate content or link; or (b) refund of any fees (excluding fees charged by Customs) for the Service received by us from you.
10.3 Without limiting the generality of the foregoing clause, we shall not be liable for any damages or losses caused in whole or in part by:
10.3.1 failure by you or a third party to observe any requirements or obligations contained in this Agreement or otherwise with respect to the packaging, securing, addressing or marking of any package;
10.3.2 Acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of custom officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labour disputes or disturbances, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, civil commotions or hazards incident to a state of war, acts of assailing thieves, hijackings, mechanical delay of aircraft or other equipment failures, and any circumstances beyond our control;
10.3.3 compliance with laws, governmental regulations or requirements, or any cause beyond our control.
10.4 You agree to defend, indemnify, and hold harmless the Company and our respective officers, directors, employees, and agents, and any of our licensors, website partners, or contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney's fees, arising in connection with your actions or omissions, including use of the Service or our Site, online conduct, breach of this Agreement, or dealings or transactions with other persons resulting from use of our Site.
10.5 You are responsible for, and warrant your compliance with, all applicable laws, rules, and regulations, including, but not limited to, customs laws, import and export laws, and government regulations of any country to, from, through or over which your package may be carried. We assume no liability to you or any third party for any loss or expense due to your failure to comply with this clause.
10.6 IN NO EVENT SHALL WE BE LIABLE FOR LOSS OF MERCHANTABILITY OR ANY SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOST PRODUCTIVITY, LOSS OF FINANCING, LOSS OF USE OF GOODS OR SYSTEMS, LOSS OF INCOME, LOSS OF PRODUCTION, LOSS OF DATA, BUSINESS INTERRUPTION, DAMAGE TO REPUTATION, COSTS TO PREVENT OR MITIGATE THESE KINDS OF DAMAGES OR CLAIMS, OR OTHER LOSSES OF COSTS OF SIMILAR TYPE, WHETHER OR NOT WE HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, AND WHETHER PLEADED UNDER TORT, CONTRACT OR ANY OTHER LEGAL THEORY. To the extent not prohibited by law, this exclusion applies to damages of any kind, including, but not limited to, property damage, whether or not related to the goods being shipped.

11 Disputes & Governing Law

11.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Service we have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
11.2 If we are unable to amicably resolve a dispute arising from this Agreement, you and the Company agree that said dispute will be settled exclusively through confidential binding mediation in Kingston, Jamaica, by a sole mediator nominated by agreement of the parties through the Dispute Resolution Foundation. You agree that the Company is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the provisions of this Agreement pending a final arbitral decision.
11.3 This Agreement shall be exclusively governed by and construed in accordance with the laws of Jamaica.

12 Modification

12.1 This Agreement constitutes the complete agreement between the parties with respect to the subject matter and supersedes any prior agreement or communication. This Agreement is subject to change from time to time and is effective immediately upon publication. We will endeavour to post a notice of any changes to this Agreement for a period of 30 days following any such modifications. Therefore, you are advised to review this Agreement occasionally or at least every 30 days. Your continued use of the Service and/or our Site, subsequent to our notice of modification of this Agreement, shall constitute your acceptance of the modified provisions. If any provision of this Agreement shall be found to be invalid, illegal, or otherwise unenforceable, such finding shall not affect the other provisions of this Agreement, but such provision shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in this Agreement. The parties hereto are separate and distinct, and this Agreement is not intended to create and does not create an agency, partnership, or joint venture relationship between the parties nor does this Agreement extend to any third party. Your obligations pursuant to this Agreement shall survive termination of the Service, any use of this Site, any content provided by you on this Website, and or this Agreement.