TERMS AND CONDITIONS FOR THE USE OF THE SAFE DEPOSIT BOXES
CONTENTS OF TERMS​
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DEFINITIONS
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LICENCE
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SECURITY
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USE OF THE SAFE
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RISK
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PAYMENT
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TERMS
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TERMINATION
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VARIATIONS OF THIS AGREEMENT
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GENERAL
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1. DEFINITIONS
1.1 In these Terms and Conditions of Use of the Safe Deposit Boxes the following expressions shall mean:
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Group 4 (G4): The Trade Name of Cosetti Ltd, Company Number: 122640, with registered office at the ground floor of the building known as Leon House situated at Nº1, Secretary’s Lane, Gibraltar GX11 1AA, GIBRALTAR.
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You: Referred to as the “Licensee.”
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Authorised User: The people who, with your authorization, are able to access your safe box.
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Business Day: Any day not being a Saturday, Sunday or a public holiday in Gibraltar.
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Business Hours: Shall be extended business trading hours, Mondays to Fridays inclusive, all exact times to be confirmed by G4 and subject to change.
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Key: Any key or keys for the lock of the safe handed over by G4 to you or to an authorised user.
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Master Key: A key that is kept at all times under the control and possession of G4. It is necessary to open any Safe Box along with the key that is in your, or any authorised user’s possession.
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Password: A secret personal array of numbers chosen by you and used to gain access to your safe box.
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Premises: Ground Floor, Leon House, 1 Secretary's Lane, Gibraltar, or any other place notified to you, or to an authorised user via email.
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Safe Box: The safe box, situated in the Premises, for which you are granted licence to make use of.
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Website: www.g4boxes.com
1.2 Words importing the singular meaning include, unless the context requires, the plural meaning and vice-versa.
1.3 The headings in these Terms and Conditions of Use of the Safe Boxes are for convenience only and shall not affect its interpretation.
1.4 The Definitions shall be subject to the terms of these Terms and Conditions of Use of the Safe Boxes.
2. LICENSE
2.1 You agree to take on a licence for the use of the Safe Box subject to the terms and conditions set out in these Terms and Conditions of Use of the Safe Boxes and the Privacy Policy.
2.2 Subject to the provisions of clause 4 hereof, you will be entitled to deposit and withdraw any articles from the Safe Box on any business day, during business hours, as long as you hold a licence to do so.
2.3 Subject to extra cost, you may authorise an Authorised User by submitting a form provided by G4, for any person to have access to, deposit in; withdraw from; and dispose of the contents of the Safe Box. Such authorisation is irrevocable and valid for the entire term of your licence. Any such person will be an Authorised User as defined in these Terms and Conditions of Use of the Safe Boxes.
2.4 You shall comply with all such instructions or regulations as G4 gives or makes regarding the use and security of the Safe Box. You shall ensure that any Authorised User complies with all such instructions and regulations in this respect.
3. SECURITY
3.1 The Safe Box is fitted with a twin lock, to which two different keys are needed to open. G4 shall hand over to you one of the Keys in duplicate (receipt of which you hereby acknowledge); and G4 shall at all times keep possession of the Master Key.
3.2 G4 does not possess an extra copy or duplicate of the keys that are handed to you.
3.3 You hereby agree and undertake that you shall not make or cause or permit to be made any copies of any Key handed over to you. If you do so, you shall forthwith notify G4 in writing of this fact and you shall surrender such copy or copies of the Key or otherwise deal with it in accordance with our written instructions.
3.4 The Safe Box and the Key shall always be the property of G4 and you shall not have any right or interest in either of them otherwise than as licensee on the terms of these Terms and Conditions of Use of the Safe Boxes.
3.5 You shall exercise and procure that you and any Authorised User shall exercise all possible care to ensure that the Key shall at all times be under your possession and control and you shall not part with it or hand it over to any other person except an Authorised User or as provided under these Terms and Conditions of Use of the Safe Boxes.
3.6 You shall keep the Password confidential and accordingly you shall not disclose it to any other person except: (a) Any Authorised User. (b) Any person acting on the behalf of G4, only for the purpose of identification and obtaining access to the Safe Box.
3.7 If any Key is lost or stolen or for any other reason is liable to misuse or if you or any Authorised User disclose the Password to any other person you shall: (a) Forthwith notify G4 of this fact and if you have notified G4 verbally, you shall confirm this in writing to G4 within three days; and (b) Give G4 or procure that an Authorised User gives G4 all the information which G4 may require concerning the circumstances of the loss, theft or misuse of any Key or the disclosure of the Password; and (c) Take all the steps at your expense as G4 may consider appropriate to assist G4 in recovering any lost or stolen Key or changing the Password as the case may be; and (d) Be responsible for all costs, charges and expenses incurred by G4 in forcing open the Safe Box and in replacing its locks and keys and any related charges.
3.8 If any Key is lost, stolen or for any other reason is liable to misuse or if you or any authorised User disclose the Password to any other person you shall be liable (subject to any statutory limitations) for the use of the Key until the day G4 receives written notification of this fact as provided in clause 3.7(a). If the Key or Password is used by a person who obtained it with an Authorised User's or your knowledge, acquiescence or consent (whether written or oral, express or implied) you will be liable for all damages and losses incurred by G4 as well as yourself and G4 shall be under no liability whatsoever to you under these circumstances.
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4. USE OF THE SAFE
4.1 (a) Subject to sub-clause (b) hereof, on presentation of the Key, G4 shall permit you or any Authorised User access to the premises and to the Safe Box to deposit property in the Safe Box and to withdraw such contents as many times as you or any Authorised User may request so long as the Password and the signature tally with the specimen recorded and lodged with G4. Such access will be granted only during Business Hours on any Business Day and only on payment of the operation fee as set in clause 6.1(d) current on the date of each operation. G4 may charge a fee for accessing your Safe Box more than four times a month.
(b) G4 may without notice refuse to grant you or an Authorised User access to the premises and the Safe Box or restrict such access for any reason whatsoever and for such periods from time to time as G4 may consider appropriate without affecting your obligations under this agreement which shall continue in force.
(c) G4 shall not be liable if any request for access to the premises and the Safe Box made by you or an Authorised User is declined nor for any loss or damage resulting from such refusal.
4.2 You may deposit in the Safe Box any property, deeds, or documents as you may wish other than dangerous, toxic, or inflammable substances, any articles which may be hazardous to the health of any person entering the premises, or any items which may be prohibited by law. The complete list of prohibited items can be found at Illegal Prohibited Items List. G4 may modify this list and it is your obligation to abide by it. If you do not observe this provision, you shall indemnify G4 against all damages, loss, claims, demands, expenses (including legal and professional expenses), costs, and liabilities G4 may incur as a result of any loss or damage caused to the Safe Box, the premises, or to the property or injury to the person of any of our employees, contractors, agents, and customers. If G4 has reason to believe that you are depositing any property contrary to the provisions of law or this agreement, G4 reserves the right to inspect the Safe Box in the presence of a notary public and/or an officer of any law enforcement agency.
4.3 G4 does not guarantee that the temperature, humidity, or any other physical or atmospheric condition of the Safe Box or the premises will be suitable for storage of any property deposited in it and accordingly, you agree that G4 shall not be liable for any loss, deterioration, or destruction of any property deposited by you in the Safe Box.
4.4 You shall comply with all legal and statutory requirements from time to time in force relating to the storage and sale of the property deposited in the Safe Box and you shall indemnify G4 against all damages, loss, claims, demands, expenses (including legal and professional expenses), costs, and liabilities G4 may incur as a result of your non-compliance with any such requirement of law.
4.5 You shall not make any modification to the Safe Box, its locks, or any Key or alter, tamper with any of them or means of identification used on or in relation to the Safe Box.
4.6 You shall procure that each Authorised User complies with all security, safety, and other regulations, which apply to or are in force at our premises. You shall indemnify G4 against all damages, loss, claims, demands, expenses (including legal and professional expenses), costs, and liabilities G4 may incur as a result of loss or damage to the Safe Box, the premises, or to property or injury to the person of any of our employees, contractors, agents, or customers which is caused by any act or omission of any such Authorised User whilst on the premises.
4.7 You shall indemnify G4 fully and effectively as well after as before the expiry or termination of this agreement for and against all damages, loss, claims, demands, expenses (including legal and professional expenses), costs, and liabilities G4 may incur as a result of any and all breaches by you or any Authorised User of any provision of this agreement or any act or omission on your part.
4.8 You agree that G4 may disclose information concerning your use of the Safe Box to any governmental or other authority or regulatory body or any court in Gibraltar to such extent only as may be required by law.
4.9 With regards to extra services, each may be governed by a set of terms and conditions specific to that service.
5. RISK
5.1 Except in respect of loss, damage, or destruction directly caused by willful negligence or misfeasance of our employees, you agree that any property you lodge in the Safe Box is solely at your risk.
5.2 You shall at your own cost and expense maintain adequate insurance in respect of the property deposited in the Safe Box and procure that nothing is done which might vitiate this or any insurance taken out by G4 (without imposing any obligation on G4 to do so).
5.3 You hereby acknowledge and agree that, subject as expressly provided in this agreement, all warranties, conditions, or other terms expressed or implied whether by ordinance, statute, common law, or arising in any other manner whatsoever are excluded to the fullest extent permitted by law.
5.4 You agree that G4 shall not be liable to you by reason of any representation, or any implied warranty, condition, or other term, or a duty at common law, or under the express terms of this agreement, or arising in any other manner whatsoever for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses, and other claims for consequential compensation whatsoever (and whether caused by negligence or misfeasance of our employees, contractors, or otherwise) which arises out of or in connection with the provision of any services by G4 under this agreement, except as expressly provided hereunder.
5.5 Subject to the provisions of clause 5.4, if you suffer any loss which is directly caused by the willful negligence or misfeasance of our employees or contractors, then provided you give to G4 satisfactory evidence as to the value of the property deposited by you in the Safe Box, G4 shall compensate you for your said loss, but our total liability in this respect shall not exceed £30,000 per annum.
6. PAYMENT
6.1 In consideration of our granting to you access and licence to use the Safe Box, you will pay G4: (a) A deposit (which shall be refundable, subject to the provision of clause 6.2, on the expiry or termination of this agreement) in the amount specified on Deposit Amounts, which is subject to change. (b) An annual rental fee payable annually in advance, the first such payment being made on the execution of this licence and every subsequent payment being made on, or before its anniversary; (c) An additional annual fee for every Authorised User payable in the manner set out in paragraph (b) above; and (d) An operating fee for every additional use of the Safe Box after surpassing the monthly limit of four accesses, which is specified on Fees and shall be paid in advance before each operation. (e) For any other service offered by G4 that you choose to book.
6.2 If you fail to pay G4 any sums due from you and to which G4 are entitled under any provision of this agreement, without prejudice to any other rights or remedies which G4 may have according to the laws of Gibraltar, you agree that G4 may forthwith (as well before as after demand) and without notice: (a) Apply all or part of the amount paid by you as deposit under clause 6.1(a); or (b) Open the Safe Box and sell any property contained in it at the best price readily obtainable (in respect of which you will not be entitled to claim damages) and (after deducting all reasonable selling expenses) apply all or part of the sale proceeds in satisfaction of your liability to G4 and G4 will account to you for any excess over the same. If such deposit amount or sale proceeds fall short of your liability to G4, you shall continue to remain liable to G4 for any such shortfall. (c) Revoke your licence to access your Safe Box.
6.3Detailed fee schedules are available on our website at our pricing page. Accepted payment methods include credit card and bank transfer.
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7. TERMS
G4 is not a financial entity and hence is not regulated by the financial services.
7.1 G4 will grant you access to and licence to use the Safe Box, subject to the provisions of clauses 4, 7, and 8 for a period of one year from the date of this agreement. The term of this agreement shall be extended for one or more successive periods of one year at a time unless or until terminated by either party in writing as provided in clauses 7, 8, and 10.6 of this agreement.
7.2 The provisions of this agreement shall continue to apply to any extension of its terms save to the extent that these are varied by G4 or any new conditions are imposed by G4. If any such variation or new condition is not acceptable to you, you will notify G4 in writing and this agreement shall terminate on the expiry of the initial period or extended period, as the case may be, and accordingly it shall not be renewed.
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8. TERMINATION
8.1 You may terminate this agreement by giving G4 30 days prior written notice.
8.2 G4 shall have the right to terminate this agreement by giving you 90 days prior written notice via email for you to empty out your Safe Box. In the case that you fail to retrieve your belongings from the Safe Box in the given period, G4 will have the right to open your Safe Box, and store its contents elsewhere.
8.3 G4 will be entitled forthwith to terminate this agreement by written notice to you if: (a) You commit any breach of any provision of this agreement; (b) An encumbrancer takes possession or a receiver is appointed over any of your property or assets; (c) You make any voluntary arrangements with your creditors or become subject to an administration order; (d) You are a company; you go into liquidation or cease or threaten to cease to carry on business; or (e) You are convicted of a criminal offence or are guilty of any offence of moral turpitude.
8.4 Upon the expiry or termination of this agreement for any reason you will forthwith: (a) Withdraw any property deposited in the Safe Box; (b) Cease to use the Safe Box; (c) Return the Key held by you or an Authorised User on your behalf under the terms of this agreement to such person as G4 may direct; (d) Pay G4 all sums then accrued due and unpaid at that date to which G4 are entitled by way of damages.
8.5 If you fail to comply with any or all provisions of clause 8.4 you will continue to pay G4 by way of recompense, from the date of termination of this agreement until such time as you comply with these provisions, a sum (payable in arrears) at the same rate per annum or fraction thereof as the rental payments. This clause shall not confer upon you any right to the continued use of the Safe Box.
8.6 The termination or expiration of this agreement shall not affect any of our rights or any of your liabilities subsisting at that date.
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9. VARIATIONS OF THIS AGREEMENT
9.1 G4 may vary the terms of this agreement or any instructions or directions with regard to the use of the Safe Box at any time whether or not such variation is made to the agreements with our other customers. These changes will appear on the website Safe Boxes Terms and Conditions. G4 will NOT notify you of the changes, it is your responsibility to consult the current conditions from time to time.
9.2 G4 reserves the right to vary any facility given to you or introduce any additional charges for the services provided to you hereunder.
9.3 G4 does not undertake that the benefits (such as opening hours) made available to you but forming part of this agreement will continue indefinitely. Such benefits may be withdrawn or varied at any time without notice.
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10. GENERAL
10.1 G4 may enforce our rights and obligations under this agreement at any time.
10.2 This agreement is personal to you and you may not assign your rights and obligations under this agreement or sub-let or otherwise delegate any of your obligations hereunder.
10.3 You will not without our prior written approval authorise any person to use the Safe. Doing so will give the person the rights as an Authorised User, and every act of an Authorised User shall for the purpose of this agreement be deemed to be your act or omission.
10.4 You will immediately notify G4 in writing of any changes in your name or address via email or postal mail.
10.5 G4 shall be under no liability if G4 is unable to perform our obligations under this agreement due directly or indirectly to the failure of any system, machine, or repairs to the Premises or any circumstances beyond our control (including without limitation any strike, lock-out or other form of industrial action or any dispute with any other contractors).
10.6 If any provision of this agreement is held by any court or other competent authority to be void or unenforceable in whole or in part, this agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provisions.
10.7 Any notice or other information required or authorised by this agreement to be given by either party to the other may be given by hand or sent (by first class prepaid post, email, or comparable means of communication) to the other party at the address referred to in clause 1 or to such other address as may from time to time be notified in writing by the party concerned.
10.8 (a) This agreement shall be governed by and construed in all respects in accordance with the laws of Gibraltar and each party hereby submits to the non-exclusive jurisdiction of the Gibraltar Courts. (b) Without prejudice to the above, G4 reserves the right to bring proceedings against you in any other court, which has jurisdiction over the subject matter of our dispute.
10.9 Dispute Resolution: In the event of a dispute arising from these Terms, both parties agree to first seek resolution through mediation or arbitration before pursuing legal action in the courts of Gibraltar.