This Rental Agreement sets forth the conditions on which we will provide the services offered through the mywificube.com website ("the Website"). This Rental Agreement is a contract between you and WiFiCube International Limited (the “Company"), and covers all rentals made pursuant to this Website.
BEFORE YOU CLICK ON THE "CONTINUE TO NEXT" BUTTON ON THE CHECK OUT PAGE, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY CLICKING ON THE “I HAVE READ THE RENTAL AGREEMENT AND CONFIRM THAT I ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS" CHECKBOX, YOU ARE BOUND BY AND HAVE BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CLICK ON THIS CHECKBOX OR CONTINUE TO WITH THE BOOKING PROCESS. WE RESERVE THE RIGHT TO AMEND THIS RENTAL AGREEMENT AT ANY TIME. ANY SUCH CHANGES WILL APPLY TO FUTURE RENTALS AFTER THE DATE ON WHICH SUCH AMENDMENT GOES INTO EFFECT.
1. Nature of Services
The Company provides a wireless modem rental service (the "WiFiCube"), along with user guides and accessories (collectively the "Equipment") to travelers who plan to visit a range of international rental destinations covered by Company. We do not offer Equipment for sale on this Website.
2. Eligibility to rent equipment
While our Equipment may be used by travelers of any age, we can only rent to adults who are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Rental Agreement, and to abide by and comply with the terms set forth herein.
When you place an order to rent the WiFiCube, we will ask you to designate a pick up location or an address to which such Equipment will be delivered. The Equipment, along with an accompanying user guide, will then be delivered to your designated pick up location or address before your arrive at your rental destination. It is your responsibility to inspect all Equipment upon receipt and to verify that it is in good working order and condition. In the event that we deliver the Equipment before your Designated Departure Date and you are not available to accept or fail to accept the delivery for any reason, then such Equipment shall still be deemed accepted and you will still be responsible for the return of the Equipment and for all charges. It is your responsibility to ensure that you are available to receive and that you accept the delivery of our Equipment. We will assume all risk of loss and damage from the delivery of the Equipment to your designated address, and will be responsible for all shipping charges. The Company currently only provides delivery services in Canada and United States Countrywide. The Company reserves full discretion and the right to refuse to deliver to any rural area or any designated address we believe not appropriate. In the event that a designated address is refused, all payment will be fully refunded to your credit card or PayPal balance within 10 business days. The Company also have the right to decline or reject any order or reservation with courier service as a pick up method which the order or reservation is made within 4 UPS business days prior to the rental start date.
All Equipment should be returned in person to the designated drop off location or by courier service in accordance with the return instructions. The Equipment shall be returned in good working order and condition. You assume all risk of loss and damage from the return of all Equipment to our designated address. You agree to pay for all return shipping charges at the time of the rental. You agree to take responsibility and pay for all return shipping charges upon the return of the Equipment.
The Company currently only provides delivery services within Canada and United States. A prepaid return envelop will be provided for the return. All Equipment or rental products must be placed in the prepaid return envelope and returned with the given return shipment label and commercial invoice (if any) and drop off at an UPS Drop Off Location no later than 1 day following the Rental End Date. The Company reserves full discretion and the right to refuse to pick up from any rural area or any designated address we believe not appropriate. In the event that a designated address is refused, all payment will be fully refunded to your credit card or PayPal balance within 10 business days.
5. Fees and charges
(a) Rental Charges. Rental fees for the use of our Equipment are assessed commencing as of the Rental Start Date and ending as of the postmarked date on which the Equipment is returned. Our current rental fee schedule is posted on our Website and may be amended from time to time upon prior notice. Please note that we do not apply any credit for a partial billing date; all partial days will be treated as full days for our billing purposes.
(b) To place any order/reservation, you have to pre-pay all charges to complete the reservation and PayPal is currently our only payment method. No credit card details will be kept/store from WiFiCube as PayPal is a secure independent payment platform.
(c) Charges for Damage to the Equipment. You are solely responsible for all loss or damage to the Equipment during the Rental Period. We will bill any charges for damage at our discretion and apply them toward any deposit, or in the alternative, bill them directly to your credit card. Damage/Missing Charges will be deducted in accordance to the table below:
|Equipment and Accessories||Damage/Missing Charges|
|Cover Case/Pouch Bag||USD15|
|External Power Bank||USD50|
|Universal USB Travel Charger||USD30|
Charges for the loss of the Equipment will be applied toward the deposit or billed to a credit card as set forth in Section 5 (d) below.
(d) Late Return Fees. Failure to return the Equipment (including all accessories and user guides) promptly to us will result in the incurrence of additional late charges. All returns must be made on or 1 day after the Rental End Date depending on your choice of returning the WiFiCube. In the event that we fail to receive the Equipment, or any portion of the Equipment after the rental end date, you will be incur a daily penalty fee of USD$15 until the date the Equipment is received. In case the equipment is not returned within 15 working days of your Return Date you will incur a final penalty fee for the loss of the equipment. If for any reason you are unable to return the Equipment to us, including but not limited to the Equipment being lost or stolen during the Rental Period, then you should contact us immediately, so that you do not incur additional late charges. Charges for any loss of equipment will be attributed as follows; repurchasing the device and SIM card, as well as the consequent restocking / setup fee. To this extent, a fee of USD$150 will be levied upon the customer in the event of loss of each WiFiCube rented. Company will not accept replacement devices as a substitute for any of these fees. In the event of a lost WiFiCube, any remaining balance on the account cannot be refunded, as it is linked with the SIM card. However if the equipment is returned to us after we have charged the loss penalty, we will immediately offset the charge with the fee corresponding to the number of days your device is considered overdue.
Please note that we reserve the right to institute collection procedures against you in the event that you fail to return our Equipment to us as required by this Rental Agreement or fail to pay any service or damage charges or late fees that you incur. If it becomes necessary for us to institute collection procedures against you, you agree to pay our costs of collection, including without limitation reasonable attorneys' fees. Any late fees that we collect will not waive any other right or remedy that may otherwise be available to you under this Agreement.
6. Refund Policy
Upon your return of the Equipment following your Rental End Date, the deposit secured by authorization hold on the same credit card or PayPal balance used when placing the booking order/reservation will be released deducting any outstanding charges (if any).
If you encounter any technical or connection problem during your Rental Period, you are responsible to contact us immediately to request any payment adjustment (if applicable). If in any case you inform or contact us after your Rental Period, WiFiCube will not make any payment adjustment regarding to your Rental Charges. Shipping cost or courier service charges will not be refunded. You can simply contact us by these methods: Hotline, Email, Facebook, Whatsapp, Skype, Line and Wechat.
Courier charges/shipping cost will not be refunded in any situations. You may cancel your reservation without penalty fourteen (14) days prior to your Rental Start Date. If reservation is cancelled within thirteen (13) days prior to the Rental Start Date, you will be charged 25% of the total rental fee. If reservation is cancelled within seven (7) days prior to the Designated Rental Start Date, you will be charged 50% of the total rental fee. If reservation is cancelled during Rental Period, no rental cost shall be refunded. You will not be charged for full amount of deposit for reservation cancellation.
In the event that the Equipment delivery has been initiated, the delivery costs cannot be refunded. In addition, no days can be refunded wherein you were in possession of the Equipment. It is your obligation to notify us immediately in the event that you would like to cancel your reservation.
You may modify your reservation without penalty five (5) days prior to your originated Rental Start Date. If reservations are modified within four (4) days prior to the originated Rental Start Date or during Rental Period, no rental cost shall be refunded. It is your obligation to notify us immediately in the event that you would like to modify your reservation.
To ensure that you receive equitable services at all times, a Fair Usage Policy has been established with some local network provider. Upon excessive usage, the local network providers may, at any time, cease, suspend or alter the network quality, where the Company shall not intervene. During peak periods, (ie, concurrent use of network resources by a larger number of users), your mobile data experience may be intermittently affected, which shall be alleviated once the usage returns to normal.
You agree to the Fair Usage Policy and should it be the case where you exceed the Daily Usage limit, the Company reserves the right to cease and suspend network connectivity and enforce an additional charge described as below without further notice.
|Rental Destination||Daily Data Allowance||Charges after exceeding the Daily Usage Limit|
|Canada Plus, China, Japan and Taiwan||No Limit||N/A|
|Asia, Australi, Brazil, Canada+USA, China, Europe, Global62, Hong Kong, Mexico, New Zealand, South Korea and United States||No Limit||N/A.Internet speed will slow down after 500mb per day*|
|North America and USA Plus||No Limit||N/A.Internet speed will slow down after 1,000mb per day*|
|Canada||1,000 MB||USD 11 per 1,000MB|
*500mb or 1,000mb fast speed daily limit will be reset everyday according to the capital time zone of each country (rental destination).
How much can the daily data allowance do?
Emails* sent / received
Hours surfing the Web
Social media posts with photos
Mins of streaming HD video
Hours of streaming YouTube
*75% normal email and 25% email with standard attachment
9. Ownership of equipment
By using this service, you agree and acknowledge you are renting Equipment for travel purposes only, and that you will acquire no rights in the Equipment. You agree that we will retain all ownership of the Equipment, including but not limited to user guides and accessories.
10. Customer warranty
If you are renting this Equipment on behalf of an entity rather than for your own personal use, then you represent and warrant that you are fully authorized to enter into this Agreement on behalf of such entity, and to bind such entity to the terms and conditions set forth in this Rental Agreement. You further represent and warrant that you are not committing any fraud or misrepresentation in entering this Rental Agreement.
11. Company warranty
Company warrants that the Equipment will be delivered in good working order and condition, and that it will continue to operate properly during the term of the Rental Period.
In the event of any failure to meet the Company Warranty set forth in Section 11 above, our sole liability and your sole and exclusive remedy will be to repair or replace the Equipment at our expense. If we replace the Equipment, you will receive the same or reasonably similar Equipment to use for the remainder of the Rental Period. It is your obligation to notify us immediately in the event that you experience any problem with your Equipment.
13. Disclaimer of Warranties
EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 10 ABOVE, COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE EQUIPMENT OR THIS RENTAL AGREEMENT. WE MAKE NO ENDORSEMENTS
REGARDING ANY THIRD PARTY LISTED IN OUR USER GUIDE, AND CANNOT WARRANT OR MAKE ANY REPRESENTATION ABOUT THE QUALITY OF THEIR SERVICES. WE CANNOT WARRANT OUR EQUIPMENT WILL OPERATE UNINTERRUPTED OR ERRORFREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL OF YOUR NEEDS, OR THAT ANY THIRD PARTY SERVICES THAT YOU ACCESS THROUGH THE USER GUIDE WILL BE UNINTERRUPTED, ERRORFREE, OR MEET YOUR NEEDS. WE CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD PARTY SERVICES. COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE EQUIPMENT, OUR RENTAL SERVICES, AND ANY THIRD PARTY SERVICES ACCESSED THROUGH OUR USER GUIDE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE EQUIPMENT AND FOR ANY RELIANCE ON ANY THIRD PARTY SERVICES. While we will make every effort to erase all personal information left on returned Equipment, we cannot be responsible for ensuring the protection of personal information left on returned Equipment. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING PERSONAL INFORMATION PRIOR TO RETURNING EQUIPMENT RENTED PURSUANT TO THIS RENTAL AGREEMENT.
14. Consequential Damages & Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT GOODS AND SERVICES, COVER, OR RELIANCE DAMAGES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, AND
WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WE AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Our total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under this Rental Agreement. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder.
By agreeing to this Rental Agreement, you agree to indemnify, defend, and hold harmless Company, our officers, directors, employees, independent contractors, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expense, including but not limited to reasonable attorney's fees, in any way connected with (a) a breach of the terms and conditions of this Rental Agreement; and (b) any dispute between you and any third party service, which you engaged through our user guide.
We reserve the right to discontinue our rental services or terminate and/or amend this Rental Agreement at any time at our sole discretion. Expiration or termination of this Rental Agreement will not relieve you of any payment obligations hereunder. Sections 5, 6, 8, 9, 14-17 shall survive any such expiration or termination. You may not assign or transfer any of your rights or obligations under this Rental Agreement without our prior written consent. You agree that we may assign this Rental Agreement without prior notice in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the terms of this Rental Agreement, no matter how long continuing or how often repeated, shall be deemed a waiver of any subsequent breach thereof, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any provision of this Rental Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision will be construed to the extent feasible, to render the provision enforceable. If no feasible interpretation will save such provision, it is to be severed from the remainder of the terms of this Rental Agreement, which are to remain in full force and effect. This Agreement contains the entire understanding of the Parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.
17. Rental Period
The Rental Period commences on your rental start date ("Rental Start Date") at 12:01am and expires upon your designated rental end date ("Rental End Date") at 11:59pm.
18. Exchange Rate
The relevant exchange rate for other currency is to be determined by the Company.
19. Force Majeure
In the event we fail to perform any obligation pursuant to this Agreement due to an "act of God," or an act of any government, terrorism, riot, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond our control, such failure shall not be deemed to be a breach of this Agreement, provided that we notify you of the existence and nature of the reason for our nonperformance and delay, and we resume performance immediately upon the conclusion of the relevant force majeure.
20. Governing law & Dispute Resolution
Any dispute arising under this Agreement will be subject to binding arbitration by a single Arbitrator with the Hong Kong International Arbitration Centre (HKIAC), in accordance with its relevant industry rules, if any. The parties agree that this Rental Agreement will be governed by and construed and interpreted in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China. The arbitration will be held in Hong Kong. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this Rental Agreement. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.