1.1.1 The following are the Terms and Conditions of Use for SuperCab (hereinafter “T&Cs”), an internet-enabled mobile telephony device (“Smartphone”) iOS, Android and WeChat Mini Program application available from Google Play and any other authorized Android sales outlet, the Apple Store and the Tencent WeChat app (hereinafter referred to as an “App”), owned and operated by Easy Planet Limited a company incorporated in and domiciled in Hong Kong, having its registered office at Units 823-825, Level 8, Cyberport 1, 100 Cyberport Road, Hong Kong (hereinafter referred to as “App Operator”) and constitute a binding contract between App Operator and any SuperCab Service User who has downloaded, installed, uses, views and/or has purchased the App on a Smartphone or device (hereinafter “you” or “You” or “your” or “Your”). SuperCab provides a means of communication and Order placement between common carrying, licensed, public passenger service vehicle Drivers (hereinafter “Taxi Drivers”) and public passenger service vehicle Passengers (as hereinafter defined), it does not provide any other service for and/or between Drivers and Passengers.
The SuperCab Service enables a Passenger (any natural person who, having downloaded and installed one, unique valid, version of the App in accordance with the SuperCab Software License, has registered a valid Registered User Account, for the purposes of Ordering a Taxi, in accordance with the T&Cs), for travel from the place of collection stated at the time of Service Order to the Service User’s destination, stated at the time of Order in accordance with the policies of App Operator and registered with App Operator and participating on any given day, in various locations, subject to availability at the location of a potential Passenger. As and where the context of these T&Cs so requires, Drivers and Passengers may collectively be referred to as Registered Account Users or Registered Account Holders or singly as Registered User Account, as the context so requires;
1.1.2 Taxi Drivers and Passengers are hereby informed that, with effect from the date hereof, all Orders for Contracts of Carriage are fully insured in accordance with the Assicurazioni Generali S.p.A Hong Kong Branch (hereinafter “Generali Group”) Accident Insurance Policy Number 10-19-PG005398 (“Insurance Policy”). App Operator is the policy holder. Insurance coverage takes effect, in the case of Taxi Drivers from the time that Taxi Driver Accepts an Order through the App for a Contract of Carriage from a Passenger; and in the case of a Passenger from the time that Passenger enters Taxi until the time that the Ride is Completed: that is the time that Passenger has alighted from Taxi; or the Order is cancelled by Passenger, whichever occurs first. Taxi Drivers and Passengers are hereby advised to familiarize themselves the with provisions of the Insurance Policy, in the admin panel of the App; the insurance coverage provided by the Insurance Policy is provided to Passengers and Taxi Drivers in accordance with the terms and conditions of the Insurance Policy, which are those of Generali Group and are independent of App Operator. Should a Passenger or Taxi Driver wish to make a claim thereunder, they should do so in accordance with the terms and conditions of the Insurance Policy. Any judgment as to whether an insurance claim is payable is at the sole discretion of Generali Group, in accordance with the terms and conditions of Insurance Policy, to the full and absolute exclusion of App Operator;
1.1.3 DISCLAIMER WARNING: THE SUPERCAB SERVICE IS NOT A LICENSED PUBLIC SERVICE VEHICLE OR COMMON CARRIER, A “TAXI SERVICE”! THE SUPERCAB SERVICE IS A MEANS OF COMMUNICATION AND ORDER PLACEMENT, ALLOWING A DRIVER TO RECEIVE ORDERS FROM POTENTIAL PASSENGERS. NOTHING CONTAINED HEREIN THESE T&Cs IS INTENDED TO OR TO BE CONSTRUED AS BEING INDICATIVE OF THE SUPERCAB SERVICE ITSELF PROVIDING A TAXI SERVICE OR OF A LEGALLY BINDING CONTRACT OF CARRIAGE BETWEEN THE SUPERCAB SERVICE AND ANY POTENTIAL PASSENGER. APP OPERATOR, SUPERCAB AND THE SUPERCAB SERVICE ARE NOT REGISTERED OR LICENCED TAXI OPERATORS, LICENSED CARRIAGE, COMMON CARRIER, OR PUBLIC TRANSPORTATION VEHICLE SERVICE OPERATORS. TAXI DRIVERS CONTACTABLE THROUGH THE SUPERCAB APP ARE LICENSED TAXI SERVICE DRIVERS OR ARE THE HOLDERS OF A COMMON CARRIER, LICENSED PUBLIC TRANSPORTATION VEHICLE OR PUBLIC SERVICE VEHICLE LICENSES AND/OR PERMIT HOLDERS; AND THE LEGALLY BINDING CONTRACT OF CARRIAGE BETWEEN A DRIVER AND A PASSENGER IS BETWEEN DRIVER AND PASSENGER, TO THE ABSOLUTE EXCLUSION OF APP OPERATOR AND THE SUPERCAB SERVICE; FOR THE STRICT AVOIDANCE OF DOUBT, PER PART V, CLAUSE 38, OF CAP 374D OF THE ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) REGULATIONS, THE SUPERCAB SERVICE ENABLES A TAXI DRIVER TO OFFER HIMSELF AND HIS TAXI ON A PRE-BOOK, HIRE-AS-A-WHOLE BASIS. FOR THE FURTHER STRICT AVOIDANCE OF DOUBT: ON THE PRINCIPLE OF HIRE-AS-A-WHOLE, THE COST OF THE TAXI BEING HIRED IS AGREED IN ADVANCE BETWEEN THE DRIVER AND PASSENGER, THROUGH THE APP AND THE TAXI METER SHOULD NOT BE IN USE DURING THE COURSE OF HIRE; THE TAXI METER SHALL BE COVERED BY THE DRIVER, ONCE HE HAS ACCEPTED THE PASSENGER’S ORDER, WITH THE “NOT IN SERVICE” PLATE;
1.1.4 PURSUANT TO CLAUSE 38 OF PART V OF CAP 374D, OF THE ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) REGULATIONS (HEREINAFTER REFERRED TO AS “CLAUSE 38”), SHOULD A DRIVER NOT BE THE REGISTERED OWNER OF THE TAXI VEHICLE IN WHICH PASSENGER’S HIRES WILL BE UNDERTAKEN, OR THE LICENSOR THEREOF, TAXI DRIVER IS OBLIGATED THEREBY TO SEEK THE PRIOR CONSENT, IN WRITING, OF THE REGISTERED OWNER OF THE VEHICLE OR THE LICENSOR THEREOF TO LAWFULLY PROVIDE ANY HIRE-AS-A-WHOLE SERVICES. IN ACCORDANCE WITH THE PROVISIONS OF CLAUSE 38, TAXI DRIVER AND THE OWNER OF THE SAID TAXI VEHICLE OR THE LICENSOR THEREOF ARE REQUIRED TO AGREE AND SIGN, IN 2 COPIES, A DOCUMENT WHICH SHALL CONTAIN THE FOLLOWING PARTICULARS:
THE RATE OR SCALE OR CHARGES APPLICABLE TO THE HIRING;
DETAILS OF THE THIRD-PARTY RISKS INSURANCE HELD IN RESPECT OF THE VEHICLE; AND
THE NAMES AND ADDRESSES OF THE PERSONS WHO ARE PERMITTED TO DRIVE THE VEHICLE WHILE IT IS SUBJECT OF THE HIRING AND THE NUMBERS OF THEIR DRIVING LICENSES.
APP OPERATOR HEREBY GIVES NOTICE TO ANY TAXI DRIVER THAT MAY POTENTIALLY WISH TO USE THE SUPERCAB APP FOR THE PURPOSE OF MAKING HIS TAXI AVAILABLE TO POTENTIAL PASSENGERS FOR HIRE-AS-A-WHOLE THROUGH THE SUPERCAB APP THAT APP OPERATOR WILL REQUEST PRESENTATION OF THIS DOCUMENT DURING THE INITIAL DRIVER VERIFICATION PROCESS, BY APP OPERATOR. SHOULD DRIVER NOT POSSESS THIS DOCUMENT, APP OPERATOR RESERVES THE RIGHT, AT ITS SOLE AND EXCLUSIVE DISCRETION, AND WITHOUT LIABILITY TO DRIVER, TO DENY DRIVER THE RIGHT TO USE THE SUPERCAB APP FOR THE PURPOSES DEFINED HEREIN. SHOULD DRIVER CLAIM, REPRESENT OR WARRANT THAT HE MAY PROVIDE THIS DOCUMENT AT A LATER DATE, BUT FAIL TO DO SO UPON REQUEST BY APP OPERATOR, ANY SERVICES THAT DRIVER PROVIDES DURING THIS PERIOD HE PROVIDES AT HIS OWN RISK. FOR THE STRICT AVOIDANCE OF DOUBT, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, APP OPERATOR HEREBY EXCLUDES ANY LIABILITY FOR THE ACTIONS OF ANY DRIVER THAT PROVIDES OR ATTEMPTS TO PROVIDE HIRE-AS-A-WHOLE SERVICES, WITHOUT FIRST HAVING SECURED THE CONSENT OF THE VEHICLE OWNER/LICENSOR, IN WRITING. ALL HIRE-AS-A-WHOLE SERVICES ARE PROVIDED BY TAXI DRIVER, TO THE ABSOLUTE EXCLUSION OF APP OPERATOR.
1.1.8 Should you repeatedly attempt to use the App without first accepting these T&Cs contained, detailed or referenced herein App Operator reserves the right, at its full, sole and absolute discretion to delete your Registered User Account and in such an event you shall have no cause or absolutely no claim or absolutely no right to make a claim against App Operator;
1.1.9 In the context of these T&Cs reference to the system administrator may mean the App Operator system administrator or the nominated employee of App Operator and vice versa;
1.1.10 In the context of these T&Cs clause headings and words underlined or in bold type (other than defined terms in bold type) are included for convenience only and do not affect interpretation or applicability.
1.2 For the purposes of the T&Cs, the term "Content" shall mean any materials, including text, communications, images, sounds, streams, profiles, software, data or other information, all of which are to proprietary to App Operator. The term "post" shall mean to publish, provide, display, upload, or otherwise transmit.
1.3 Pursuant to the right of App Operator stated in clause 1.1.6 hereinabove, at its sole and exclusive discretion, to update, amend or revise these T&Cs at any time, and the reserved right to issue new policies and provisions, which will automatically be incorporated into the T&Cs, you are advised to refer to these T&Cs periodically for changes.
1.4 App Operator reserves the right, at its sole and exclusive discretion, to act as it sees fit in the event of any negligent or willful violation of any of the provisions of these T&Cs (excluding the provisions of any third-party SuperCab App service providers, enforcement of which terms and conditions is a matter for the given third-party). Subject to the relevant provisions of these T&Cs, such action may include, but be not limited to
1. Pursuant to clause 2. herein closure of your Registered User Account;
2. A fixed term prohibition on use of SuperCab or the creation of a Registered User Account, which would include a prohibition on the downloading and installation SuperCab on your Smartphone, mobile telephony device or device;
3. A perpetual prohibition on use of SuperCab or the creation of a Registered User Account, which would include a prohibition on the downloading and installation of SuperCab on your Smartphone, mobile telephony device or device;
4. The initiation of criminal proceedings against you in the event that violation of these T&Cs is deemed sufficiently serious;
5. The pursuit of a civil suit against you in the event that violation of these T&Cs is deemed to be sufficiently serious; or
6. Any other action that App Operator may, at its full, sole and absolute discretion, deem appropriate in the circumstances.
1.5 For the purposes of these T&Cs, the following words shall have the following meanings attributed to them, unless the context specifically states otherwise:
1.5.1 “Acceptance” shall mean the point at which a Taxi Driver has given definitive notice to Passenger that he is ready, willing and able to agree to the terms of a Passenger Order (as hereinafter defined) and therefore enters into a binding Contract of Carriage with Passenger, in accordance with the provisions of clause 3.7 hereinafter;
1.5.2 “Business Day” shall mean any day on which banks are open and able to conduct retail banking business in Hong Kong, nominally being Monday – Friday, from 9a.m. – 5p.m., excluding weekends and public holidays;
1.5.3 “Order” means any request made by a potential Passenger through the App for the provision of a Taxi from the location of Passenger at the time of Order placement to Passenger’s intended destination; and
1.5.4 “SuperCab Service” is the service provided by the App, which allows a potential Passenger to contact a Taxi Driver, state a collection point, destination and route charge and confirm and Order (as hereinabove defined).
1.6 No rule of construction applies to the disadvantage of App Operator because App Operator was responsible for the preparation of these T&Cs or any part of them.
2. TERM OF T&Cs AND TERMINATION PROVISIONS
2.1 These T&Cs shall be effective as of the Effective Date, which date shall mean the date on which you download and install SuperCab on your Smartphone, device or mobile telephony device, regardless of whether you create a Registered User Account, and remain in full force and effect until terminated. At its sole and exclusive discretion, App Operator reserves the right to terminate these T&Cs forthwith or on a specified date, for any period of time, for any reason, with or without cause. These T&Cs may be terminated by an email from you to App Operator, within a specified notice period in accordance with the relevant provisions of this clause 2., or by an email from App Operator to you, or by the deactivation of your Registered User Account or username by the system administrator of SuperCab. The continued operation of these T&Cs is subject strictly to the satisfactory completion of your verification and approval in accordance with App Operator’s internal policies and is furthermore dependent at all times upon the continued applicability of any other provisions of these T&Cs essential to the safe, secure and legal operation of the App and provision of the SuperCab Service;
2.1.2 These T&Cs shall terminate automatically, without any requirement of notice, in the event that you are no longer authorized and licensed to operate as a Taxi Driver in Hong Kong, thus invalidating the legal purpose of these T&Cs;
2.1.3 You may be suspended temporarily or excluded permanently from the use of the SuperCab Service for material breaches of the obligations arising under Law and/or these T&Cs or any other binding agreements between you and App Operator; and
2.1.4 Your right to use the SuperCab App and the SuperCab Service may also be suspended, at the full, sole and exclusive discretion of App Operator, in the event that you fail to honour an agreed Contract of Carriage or Contract of public service hire, without lawful justification, after accepting an Order.
2.3 You hereby acknowledge fully and irrevocably that App Operator shall not be liable to you or any third-party for any termination of your access to the App, the closure of your Registered User Account or the termination of the T&Cs.
2.4 In the event that these T&Cs are terminated, those provisions that are intended to survive termination shall survive and shall remain in full force and effect.
3. SUPERCAB SERVICE, ORDER AND ACCEPTANCE
3.1 You shall register with App Operator, furnishing true and accurate information, before using the SuperCab Service. Upon successful registration, you shall be entitled to use the SuperCab App and the SuperCab Service in accordance with these T&Cs and the Law.
3.2 App Operator shall provide you with the SuperCab App and the SuperCab Service for Smartphones.
3.4 The SuperCab Service and use of the SuperCab App does not include the use of the required Internet connection. SuperCab does not provide Internet access as part of its Services and SuperCab does not provide or maintain the networks over which the SuperCab Service is provided. It is your sole responsibility to arrange for Internet access and to configure the Smartphone SuperCab use. All associated costs and fees are your sole responsibility and you shall have no claim against App Operator for reimbursement of the cost of network usage while using SuperCab.
3.5 For every completed Contract of Carriage Ordered through SuperCab, App Operator shall pay the charge to the Driver agreed in accordance with the given cost of Order, which is stated at time of Order. To the extent permitted by Law, there is no charge to Passenger for Ordering the SuperCab Service, subject to a Cancellation Fee imposed in the event that a Passenger cancels an Order after it has already been Accepted by a Taxi Driver.
3.6 Subject to the Disclaimer in clause 1.1.2 and applicable Law, App Operator considers that a legally binding Contract of Carriage is entered into between Taxi Driver and Passenger Ordered through the SuperCab App once the Passenger has checked the “CONFIRM” icon in the App, confirming all pertinent Order details and you behave in a manner that is understood by you and Passenger to be “Acceptance” of the Contract of Carriage, unless anything is said or done by you or Passenger explicitly to the contrary.
3.7 The provisions of this Clause 3.7 are to be read in conjunction with the provisions of SCHEDULE B.
The Taxi Order Process
In order to be able to see potential Orders or receive Orders from potential Passengers, Taxi Driver should log into the App and switch on his GPS (Global Positioning Satellite) tracking system.
3.7.1 Taxi Driver may select an Order from the list of Orders
3.7.2 Orders being assigned
Those Orders that have not been selected within 2 (two) minutes will be assigned automatically to 2 (two) Taxi Drivers. When the Order is assigned, the selected Taxi Drivers will see the Order details, as detailed in clause 3.7.1 hereinabove and will be able to accept or reject the Order. The Order will be assigned on a first-come, first-serve basis to the Taxi Driver, who presses the ‘Accept’ button first;
3.7.3 Taxi Driver reserves the right to reject the assigned Order. However, if he rejects the Order (equally, if he doesn’t respond ‘accept’/’reject’ within a minute) more than 3 (three) times his Driver rating will be downgraded by 1 star (in accordance with the Driver rating system in use in the App). In accordance with the provisions of Clause 8 of the T&Cs hereinafter, a lower Driver rating may result in fewer Orders being placed and/or assigned with or to that Taxi Driver; and
3.7.4 If within 1 (one) minute of the Order having been assigned to the first 2 (two) Taxi Drivers, both of them have rejected the Order or haven not responded, the Order will be sent to the next, second 2 (two) Taxi Drivers, and so on, until the Order has been placed by the Taxi Driver who Accepts it.
4. APP OPERATOR SHALL PAY TAXI DRIVER
4.1 App Operator shall make payment of any amount owing to you, earned from a completed Contract of Carriage, that is a completed Taxi hire from Passenger’s collection location to Passenger’s destination, by electronic fund transfer, from App Operator’s dedicated payment processor, Stripe, including any earnings from WeChat Pay, pursuant to clause 5.1.3; and cash payments made directly to the Taxi Driver.
4.2 You are entitled to receive commission rates in accordance with the following
1 – 19 Completed Orders in 7 days: 20% (twenty percent)
20 to 34 Completed Orders in 7 days: 17% (seventeen percent)
35 to 49 Completed Orders in 7 days: 15% (fifteen percent)
50 to 79 Completed Orders in 7 days: 12% (twelve per cent)
80 to 94 Completed Orders in 7 days: 10% (ten percent)
95 to 119 Completed Orders in 7 days: 8.0% (eight percent)
More than 120 Completed Orders in 7 days: 5.0% (five percent)
the commission rate due is calculated on the basis of the number of each Accepted and Completed Order, in each 7 (seven) day period.
4.3.1 You shall be paid any earnings owed pursuant to clause 4.2 hereinabove, which, will be in aggregate of all Completed Orders, regularly once every 7 (seven) calendar days, for the 7 (seven) calendar days immediately preceding the “cut-off time”;
4.3.2 The cut-off time for calculation of your earnings is: every Monday, Hong Kong standard time. The earnings owed to you, pursuant to clause 4.2 hereinabove, for the 7 (seven) calendar days beginning 7 (seven) calendar days, on the current, given Monday, will be summarized in your account statement.
4.4 Pursuant to clauses 4.2 and 4.3.1, the aggregate earnings stated in your account statement shall be transferred directly to your nominated bank account, within 3 (three) Business Days after the cut-off time. App Operator shall bear any and all bank charges due for any such transfer.
4.5.1 In addition to payment in accordance with the provisions of clause 4.3, you are also entitled to redeem payment of any sums you have earned, at any time, by pressing the "Redeem" button and requesting App Operator to make payment of your earnings, strictly subject to the conditions that
4.5.2 you have earned more than the minimally redeemable amount; amount minimally redeemable is HKD1,000.00 (one thousand Hong Kong dollars only);
4.5.3 you are entitled to redeem earnings in the maximum amount of HKD10,000.00 (ten thousand Hong Kong dollars only) per each redemption; and
4.5.4 you are entitled to redeem any earnings owed to you in any given 7 (seven) calendar day cycle ONLY ONCE.
4.6 For a valid redemption request, the total amount owing to you in accordance with your account statement, will be transferred directly to your nominated bank account, within 3 (three) Business Days after your request. App Operator shall bear any and all bank charges due for any such transfer.
5. PAYMENT OF DRIVER BY PASSENGER USING SUPERCAB APP
5.1.1 Payment may be made by the Passenger through the App by online payment processor, Stripe and the payment function of the WeChat app, WeChat Mini Program, WeChat Pay. Taxi Drivers are advised that these are the only payment methods currently available through the App, but App Operator may introduce additional payment methods in due course, pursuant to the provisions of clause 1.1.6. Further pursuant to the provisions of clause 1.1.6 of these T&Cs, Taxi Drivers should refer to the App from time-to-time for the payment methods then available.
5.1.2 Taxi Drivers are advised to refer to the operating terms and conditions of Stripe for information on how payment is processed, in order to protect and comply with any rights and obligations that might affect them therein, at:
When payment is made and processed through the App it is done so by the online payment processor and payment is processed in accordance with the operating terms and conditions of the online payment processor, to the full and absolute exclusion of App Operator. Enforcement of the online payment processor’s operating terms and conditions against Passenger and Taxi Driver is by Stripe and not App Operator.
5.1.3 The WeChat Mini Program is only available to Passengers and therefore payment for any Completed Contract of Carriage will be made to Taxi Driver directly by App Operator.
If payment is made via WeChat Pay, payment is made and processed in accordance with the operating terms and conditions of the WeChat Pay owner and operator Tenpay Payment Technology Co. Ltd (“Tenpay”) and to the absolute exclusion of App Operator. App Operator does not collect your payment details and at no time does App Operator have access to your payment details. For specific details of the payment process in use by the WeChat Pay function of the WeChat app, please refer to the WeChat Payment System User Service Agreement, at:
Enforcement of Tenpay’s operating terms and conditions against Passenger is by Tenpay and not App Operator.
Enforcement of Tencent’s operating terms and conditions against Passenger and Taxi Driver is by Tencent and not App Operator.
5.2 FOR THE AVOIDANCE OF DOUBT PASSENGERS CHOOSE HOW TO MAKE PAYMENT FOR TAXI HIRE IN ADVANCE. SHOULD A PASSENGER CHOOSE TO MAKE PAYMENT THROUGH THE APP, THEY SHALL NOT BE OBLIGED TO PAYMENT DIRECTLY TO THE TAXI DRIVER THAT HAS ACCEPTED THEIR ORDER AND IN SUCH AN EVENT A TAXI DRIVER IS STRICTLY PROHIBITED FROM TENDERING FOR ANY SUCH PAYMENT. THE FOREGOING EXCLUSION DOES NOT APPLY TO A PAYMENT A PASSENGER CHOOSES TO MAKE IN CASH FOR AN ACCEPTED ORDER.
5.3 SuperCab may be downloaded and installed completely free-of-charge. A Passenger will only be charged for an Order for a Taxi in accordance with the provisions of these T&Cs. Any Order for a Taxi made through the SuperCab App is a unique one-time only charge, meaning a Passenger will never be charged again for the same Order. App Operator DOES NOT USE RECURRING CHARGES FOR ONLINE PAYMENT or use other deceptive billing practices.
6. PASSENGER PENALTY AND CANCELLATION POLICY
6.1 Taxi Driver is only obligated to wait for a period of 5 (five) minutes for the Passenger that Ordered the Taxi through the SuperCab App, at the agreed collection point. Should Passenger not have arrived at the agreed collection point, within the 5 (five) minute period, the Order shall be considered to have been cancelled by Passenger and Passenger shall be charged a HK$20 (twenty Hong Kong dollars only) cancellation fee.
7. REGISTERED ACCOUNT HOLDERS OBLIGATIONS
7.2 Pursuant to clause 16. hereinafter, sole and exclusive ownership of and liability for any Third-Party Content, that is Content that is not the property of App Operator, published and transmitted through the App lies with the person or persons publishing the same. All such Third-Party Content shall comply with legal and statutory requirements and in accordance with the provisions of clause 7.1. If any publications breach the above-mentioned provisions, App Operator shall be authorized, at its full, sole and exclusive discretion, to delete such Third-Party Content immediately. In which case you shall not have any right to make any claim against App Operator on any ground or in any recognized cause of action.
8. DRIVER EVALUATIONS
8.1 You hereby agree that Passengers who use the SuperCab Service may evaluate you and your vehicle. App Operator makes no warranties or representations that the evaluations provided by Passengers will be objective or fair and in such an event that you judge evaluation to be unfair you shall have no claim or right to make a claim against App Operator or any ground or cause of action. App Operator encourages you to bear in mind that evaluations by Passengers will feed into your overall “Driver rating” and that you may be more likely to receive repeat Orders and/or new Orders from Passengers if potential Passengers see that you are have a positive Driver rating history.
8.2 You acknowledge and agree that Passengers evaluations may be published on the App at any given time that you undertake a Contract of Carriage and that such evaluations will be accessible to Passengers who have Ordered your Taxi. To the fullest extent permitted by applicable Law, you hereby waive any and all privacy rights that you may have with respect to the publication of Passenger/and/or their guests Evaluations.
INTENTIONALLY LEFT BLANK
9. NO GUARANTEE OR WARRANTY OF OFFERS OR FEATURES
9.1 App Operator does not guarantee or warrant that you will be able to access or use any or all parts of the App or any software upon which the App depends, including pursuant to clause 15 hereof, IPification Powered by GMID, and you agree that App Operator shall have no liability to you whatsoever for any such inaccessibility or inability to use. Any feature or benefit of the App, may become permanently inaccessible for any reason and you agree that App Operator shall have no liability to you whatsoever for any such inaccessibility, and you may not seek a refund or any other transaction reversal resulting from such inaccessibility. In the event of an event of Force Majeure, which may include but be not limited to, any unforeseen or unforeseeable act affecting App Operator, the Internet and any of the interconnected networks upon which the Internet depends, any third-party service providers or Internet Service Providers; natural disaster or extreme weather or climatic events, civil emergency or strife, strikes or industrial disputes or actions, any illegal or ultra vires action of any natural or legal person or the civil or military authorities, a declaration of martial law, disruption to or failure of public or private utilities, or act of God, App Operator similarly does not guarantee that you will be to use or access any or all parts of the App and hereby denies any and all liability to you in such an event.
10. PROPRIETARY RIGHTS AND RESTRICTIONS
10.1 You acknowledge and agree that all Content available on the App is protected by copyrights, trademarks, service marks, patents, trade secrets, or other beneficial or proprietary rights, whether registered or unregistered, subsisting or otherwise and by other laws and that their use is restricted by the provisions of these T&Cs and by any terms and conditions of their respective copyright owners. App Operator products and service names are protected (the "App Operator IP") and are owned exclusively by App Operator. You will not display or use the App Operator IP, in any manner, without the prior written consent of App Operator. Except as expressly authorized by App Operator, you agree not to record, sell, resell, exploit for any commercial purposes, license, sublicense, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any portion of such materials or Content or those of any third-party service provider to the App or upon which the App depends, including but not limited to Tencent Inc., Tenpay Payment Technology Company Ltd, Stripe, Generali Group and Benefit Vantage Limited. Systematic retrieval of data or other Content from SuperCab to create or compile, directly or indirectly, a collection, compilation, database, directory or derivative work without the prior written consent of App Operator is STRICTLY prohibited. In addition, use of the Content for any purpose not expressly permitted in these T&Cs is STRICTLY prohibited. Specifically, all Content, video, audio, and text appearing on SuperCab may not be recorded or disseminated IN ANY WAY, SHAPE OR FORM.
11. BREACH OF PRIVACY
11.1 If you believe that your privacy rights or publicity rights have been violated by information or material Content that is accessible in SuperCab, please contact the SuperCab system administrator.
12. DISCLAIMER OF WARRANTY
12.1 App Operator, including its shareholders, officers, directors, agents, employees, contractors, subsidiaries and affiliated companies or companies within its group, is not responsible for any incorrect or inaccurate Content posted on SuperCab in connection with the App, or by any of the hardware or Software associated with or utilized in the App, including but not limited to, pursuant to clause 15 hereof, IPification Powered by GMID the online payment processor, Stripe, Tencent Inc.’s WeChat App, the IPification Powered by GMID secure login authentication solution owned and operated by Benefit Vantage Limited and Tenpay Payment Technology Company Ltd, WeChat Pay and those of Insurance Policy Provider, Generali Group; nor for the conduct whether online or offline of any Registered Account User or non-registered user of the App or SuperCab Service.
12.2 App Operator hereby disclaims absolutely and to the fullest extent permissible by Law any liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications by a Registered Account User or non-registered user.
12.3 App Operator is not responsible for and hereby disclaims any liability absolutely and to the fullest extent permissible by law, any problems or technical malfunction of any telephone network or lines, computer on-line-systems, Internet, Wi-Fi, mobile telephony systems, servers or providers, computer equipment, Software, any third- party software including, pursuant to clause 15 hereof, IPification Powered by GMID, Stripe, Tencent Inc.’s WeChat App, Tenpay Payment Technology Company Ltd, WeChat Pay and those of Insurance Policy Provider, Generali Group, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or network within the Internet, or combination thereof, including injury or damage to Registered Account User(s) or to any other party’s Smartphone, mobile device or computer, related to or resulting from participating in or downloading, installing, using, viewing and or purchasing Content or materials in connection with the App.
12.4 App Operator offers no guarantee as to the confidentiality and security of information that you may provide to App Operator through the App. Furthermore, App Operator offers no guarantee as to the confidentiality and security of information that you may use to login to the App, through IPification Powered by GMID, pursuant to clause 15 hereof.
12.5 Under no circumstances will App Operator be responsible for and hereby disclaims absolutely and to the fullest extent permissible by Law any liability for any loss or damage resulting from use of the App, IPification Powered by GMID, Stripe, Tencent Inc.’s WeChat App, Tenpay Payment Technology Company Ltd, WeChat Pay and those of Insurance Policy Provider, Generali Group or transmitted by and to SuperCab Registered Account Users and/or non-registered users.
12.6 App Operator hereby disclaims fully and absolutely, to the fullest extent permissible by Law, any liability for your failure to abide by any third-party provisions, which may affect your Registered User Account, including pursuant to clause 15 hereof, IPification Powered by GMID, Stripe, Tencent Inc.’s WeChat App, Tenpay Payment Technology Company Ltd, WeChat Pay and those of Insurance Policy Provider, Generali Group; for which App Operator is not responsible, and any action that may be taken against you for failure to heed those provisions or for violations of them.
12.7 App, IPification Powered by GMID and Content are provided "AS-IS", "AS-AVAILABLE", and "AT YOUR OWN RISK" and App Operator expressly and absolutely disclaims any warranty of fitness for a particular purpose or non-infringement of intellectual property rights. App Operator cannot guarantee and does not promise any specific results from use of SuperCab, pursuant to clause 15 hereof, IPification Powered by GMID and/or App Operator’s products or services.
12.8 Any and all warranties that may apply pursuant to clause 3.7.1 are hereby excluded.
13. LIMITATION OF AND EXCLUSION OF LIABILITY
13.1 In no event shall App Operator be liable to you or any third-party for any indirect, consequential, exemplary, incidental, special or punitive loss or damages, including loss of profits arising from your use of SuperCab or App Operator products or services, even in the event that App Operator has been advised of the possibility of such damages. You further agree to hold App Operator harmless for claims arising from the use of SuperCab. Notwithstanding anything to the contrary contained herein, the liability of App Operator to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to a maximum amount of HK$3,000.00 (three thousand Hong Kong dollars only).
13.2 In no event shall App Operator be liable to you for any matter, cause, claim, disagreement or dispute that may arise pursuant to the operation of clause 1.1.2 of these T&Cs and Insurance Policy. Any decision about the payment of a claim under the Insurance Policy is made by Generali Group, to the full and absolute exclusion of App Operator.
13.3 In no event shall App Operator be liable to you for any matter, cause, claim, disagreement or dispute that may arise from the operation of clause 1.1.4 of these T&Cs. You further agree to hold App Operator harmless from any matter, cause, claim, disagreement or dispute that may arise therefrom.
13.4 In no event shall App Operator be liable to you for any matter, cause, claim, disagreement or dispute that may arise from the operation of clause 15 of these T&Cs. You further agree to hold App Operator harmless from any matter, cause, claim, disagreement or dispute that may arise therefrom.
14.1 You agree to be personally liable and indemnify and hold App Operator, its subsidiaries, affiliates and companies within its group and their respective shareholders, officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third-party due to, arising out of, or asserted in connection with your use or misuse of the App, including claims relating to Content you submit, post to or transmit through the App, and your connection to, downloading, installation, use, viewing or purchase of the App; and your failure to abide by the provisions of any third-party policies, rules, regulations or agreements operating in connection to your Registered User Account, such as those, but not limited to, App Operator. App Operator reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You hereby agree to cooperate with App Operator in asserting any available defenses. Furthermore, on the same basis, you agree to indemnify, defend and hold App Operator, its officers, directors, employees, agents, licensors, affiliates, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including attorneys’ fees on a full cost indemnity basis, resulting from (i) any violation of these T&Cs, breach of any warranty under these T&Cs or any activity related to access to or use of your Registered User Account or any negligent or wrongful acts or omissions by you or any third-party accessing the SuperCab Service using your account and/or (ii) any violation of Law or regulation committed by you while using the SuperCab App or the SuperCab Service.
14.2 You agree to be personally liable and indemnify and hold App Operator, its subsidiaries, affiliates and companies within its group and their respective shareholders, officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, that may arise from the operation of clause 1.1.3 herein.
14.3 You agree to be personally liable and indemnify and hold App Operator, its subsidiaries, affiliates and companies within its group and their respective shareholders, officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, that may arise from the operation of clause 1.1.4 herein.
14.4 You agree to be personally liable and indemnify and hold App Operator, its subsidiaries, affiliates and companies within its group and their respective shareholders, officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, that may arise from your decision to use IPification Powered by GMID, pursuant to clause 15 herein.
15. SECURE LOGIN AUTHENTICATION PROVIDED BY IPIFICATION POWERED BY GMID (“GMID”)
16. THIRD-PARTY WEBSITES AND SERVICES
16.1 The SuperCab Service may permit you to link to other apps, websites, services or resources on the Internet, specifically, but not limited to those contained herein clause 6, but also any others that may from time-to-time be made available by App Operator, but not referenced herein. When you access third-party apps or websites, you do so at your own risk. These other apps and websites are not under the control of App Operator and App Operator hereby disclaims absolutely any and all liability to you for any such third-party apps or websites; and you acknowledge that App Operator is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such apps, websites or resources. The inclusion of any such link does not imply endorsement by App Operator or any association with its operators. You further acknowledge and agree that App Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such apps, website or resources.
17. GENERAL PROVISIONS
17.1 Governing Law and Arbitration. These T&Cs shall be governed by and construed in accordance with the Laws of the Hong Kong Special Administrative Region of the People’s Republic of China, excluding its conflict of Law principles. For all purposes of these T&Cs, the parties consent to the exclusive jurisdiction of the Laws of the Hong Kong SAR. In the event of a disagreement or dispute arising out the existence, operation, validity, applicability of these T&Cs, you or App Operator shall send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. The notice of dispute should be sent to Units 823-825, Level 8, Cyberport 1, 100 Cyberport Road, Hong Kong Attention: Legal/Arbitration Notice. App Operator will send any notice of dispute to you at the contact information we have for you. You and App Operator undertake to resolve a dispute through informal negotiation within 60 (sixty) calendar days from the date the notice of dispute is sent. After 60 (sixty) days, you or App Operator may commence arbitration. Any arbitration will take place before the Hong Kong Arbitration Tribunal. If you and App Operator do not resolve any such dispute by informal negotiation the dispute shall be settled by binding arbitration before a single, neutral arbitrator whose decision will be final except for a limited right of appeal in accordance with the Law of Hong Kong, in which case the courts of Hong Kong shall enjoy exclusive jurisdiction and you hereby submit yourself to such exclusive jurisdiction.
17.2 If any provision of these T&Cs or any provision is found to be unenforceable or invalid for any reason that provision will be limited, redrawn or struck out only to the extent necessary to allow these T&Cs to be construed as they were originally intended and remain in full force and effect.
17.3 You and App Operator are independent contracting parties and nothing in these T&Cs shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant any party any authority to assume or to create any obligation on behalf of or in the name of any other party.
17.4 These T&Cs do not constitute a partnership, joint venture, employer and employee, agent or fiduciary relationship between you and App Operator. App Operator is the provider of the App and SuperCab Service only. For the purposes of these T&Cs and your Taxi being Ordered through the App, you and App Operator are wholly separate, distinct and independent contracting persons.
17.5 These T&Cs operate to grant, strictly limited rights operating to give effect to the operation of the SuperCab Terms and Conditions of Use.
17.6 Your failure or delay or the failure or delay of App Operator to exercise in any respect any right provided for herein shall not be deemed a waiver of that right or waive the right to rely upon or make use of that right at any future time, subject to that right continuing to be active, or any further rights hereunder. Waiver of compliance in any particular instance does not mean that waiver of that compliance in the future. In order for any waiver of compliance with these T&Cs to be binding, App Operator must provide you with written notice of such waiver through one of its authorized representatives.
17.7 Any failure by you or App Operator to discharge any obligations shall not be deemed a breach of these T&Cs if such failure is caused by an event of Force Majeure. Force Majeure includes without limitation strikes, lockouts, boycotts, embargoes, governmental restrictions, wars, war-like actions, epidemics, fires, floods, other natural occurrence or any other event beyond the control of App Operator or you. The performance of App Operator or your obligations shall be suspended for as long as an event of Force Majeure continues to exist.
18. OPERATION OF THE T&Cs
18.1 In addition to these T&Cs, download, installation, purchase, use and viewing of SuperCab is subject to the provisions of the following
Assicurazioni Generali S.p.A Hong Kong Branch Personal Accident Insurance Policy Number 10-19-PG005398;
Verification and Approval Process for Drivers Using SuperCab;
The Software License Agreement for SuperCab;
The Passengers Terms and Condition for SuperCab;
SCHEDULE A (Technical Support Services) attached herewith;
SCHEDULE B (Conditions of Carriage) attached herewith;
The operating framework in full for the online payment processor, Stripe, by which Passenger made payment: https://stripe.com/hk/ssa;
The operating framework in full for the WeChat Pay Mini Program, including:
TenPay Service Agreement;
Tencent Weixin Software License.
Any additional legal notices that App Operator may issue to you directly, to your listed email address or point of contact or may from time-to-time post on the App; and
Any third-party terms and conditions, such as those of Google Play and the Apple Store, governing the content of permissible material, which you are also required to abide; and any other third-party terms and conditions that may apply.
©Copyright Easy Planet Limited, 2019. All rights reserved.
The following is an outline of the Technical Support Services to be provided pursuant to the operation of the SuperCab Service.
1. General Terms
This SCHEDULE A describes the main principles, procedures and standards of how to provide Technical Support Services to all Registered Account Holders of the App. In the context of this SCHEDULE A Support provides technical support directly to all Registered Account Holders, be they Passengers or Drivers. For the purposes of this SCHEDULE A, a Driver who is a Registered Account Holder is referred to as an End User. An End User is a natural person, either Driver or Passenger who has lawfully purchased and installed a unique one-time only version of the App for the purpose of Ordering a Driver’s Taxi in accordance with the T&Cs and is therefore identified as the Licensee of the App or has created a registered user account and is therefore recognized as a Registered Account Holder.
Technical Support Services Consist of
Responding to End Users questions connected to the installation and usage of the App on standard configuration iOS and Android operating systems OR responding to End User’s questions.
Collecting information about the problem.
Technical Support Service also troubleshoots questions connected to the installation, setting and use of the App on standard/non-standard configuration iOS and Android operating systems until the answers to these questions are added to the Admin Panel.
These are questions that are described in the Admin Panel and can be template-answered consultations concerning any information from App documentation.
2. Technical Support Service Provision
2.1 Technical Support Service is provided electronically through email from 10a.m. Hong Kong time and to 6p.m. Hong Kong time, Monday to Friday. Issues will be answered electronically online, through email by contacting SuperCab technical support at email@example.com. Technical Support Service at weekends and public holidays will be provided on a limited basis only, depending on the urgency of the issues.
2.2 Should Technical Support Service not be available, Technical Support Staff should notify End Users, as to the period of time that Technical Support Services is not going to be available.
Technical Support Service may need additional time to subject problems to further examination before providing a solution. Technical Support will make every effort to inform all interested parties as to how the problem is to be solved.
2.4 Technical Support Service Deadlines
Time limit low priority request
24 – 72
Time limit priority
24 - 72 (if additional testing is necessary)
Time limit high priority request
3. Processing of End Users’ Requests
3.1 Technical Support Services should register data about all incoming End Users’/Registered Account User’s requests by email.
3.2 Technical Support Services are provided only after End User communicates their valid Registered Account Holder details given during the initial registration and confirming the End User’s right to access the requested services.
3.3 For each request for Technical Support Services by a given End User ID, a history of requests for this given End User ID is retained; it includes date, time and duration of each request.
3.4 The following data should be included in the email to Technical Support Services, which would classify the End User request: request type and short description of the request.
CONDITIONS OF CARRIAGE
Drivers and Passengers are hereby reminded that any Contract of Carriage in a Licensed Passenger Service Vehicle, a “Taxi” is tendered for, Accepted and Completed on the assumption that Drivers and Passengers abide at all times throughout the performance of the Contract of Carriage in strict accordance with the Law. As such, Driver and Passengers are hereby advised to pay particularly close attention to the following terms and conditions, which are collectively the “Conditions of Carriage”.
1.1 In this SCHEDULE B:
Any terms defined in the T&Cs have the same meaning applied to them herein, unless the context specifically states otherwise.
In addition, the following words and phrases have the following meanings applied to them, unless the context states specifically otherwise
“Dangerous Drugs” means any substances listed in the Dangerous Drugs Ordinance and to any goods or substances that may be further defined as Dangerous Drugs under Ordinance or regulation;
“Dangerous Goods” means, including but not limited to, any and all explosives (as defined in the Dangerous Goods Ordinance as amended), firearms, weaponry (of any kind or an implement that is designed with the specific purpose and intention in mind of causing injury or bodily harm to another person and would in all circumstances of civilian life be considered a weapon) and their parts, compressed gases, petroleum (as defined in the Dangerous Goods Ordinance (as amended)) and other substances giving off inflammable vapors, substances giving off poisonous gas or vapor, corrosive substances, substances which become dangerous by interaction with water or air, substances liable to spontaneous combustion or of a readily combustible nature, radioactive material; human corpses or body parts, cremated or disinterred human remains; blood, urine and other liquid; diagnostic specimens containing infections substance or etiological agents; live insects, animals; hazardous waste and used hypodermic needles and/or syringes, sharp or medical waste; and to any goods or substances that may be further defined as Dangerous Goods under Ordinance or regulation;
“Destination Address” means the Destination address provided by a potential Passenger to a Taxi Driver;
“Illicit Goods or Substances” means any goods and substances that may be defined as Illicit Goods or Substances under Ordinance or regulation, including but not limited to pornography; goods or Parcels in which they are contained, which may cause damage to, or Delay of, equipment, or harm to Driver; goods or Parcels in which they are contained which require Driver to obtain special or specific license(s) or permit(s) for transportation and storage; goods or the Parcels in which they are contained, the carriage and/or storage of which is prohibited by any Ordinance or regulation; dead animals and animals that have been mounted.
2. APPLICATION OF CONDITIONS
2.1 These Conditions of Carriage form part of the Contract, which together constitutes the binding Contract of Carriage between Taxi Driver and Passenger.
2.2 Taxi Driver and Passenger each acknowledge that, in entering into a Contract of Carriage, neither Taxi Driver nor Passenger relies on any representation or warranty (whether made innocently or negligently), except those expressly provided for and which cannot be excluded from the Contract of Carriage by operation of Law.
3. DUTY TO ACCEPT & RIGHT TO REJECT
3.1.1 Taxi Driver is one or all of the following: a Common Carrier, Taxi Driver, Licensed Public Service Vehicle Driver, Licensed Private Hire Vehicle Driver or other licensed public transportation service driver or permit holder.
As such, Driver has a duty to accept an Order, if he is willing and able to perform it, subject to the following conditions;
3.1.2 Driver also has a right to refuse to accept an Order, at his sole and exclusive discretion; and accepts no liability for such refusal in the event that he has reason or evidence to believe that a potential Passenger has on his person or may transport on his person during the Contract of Carriage any Dangerous Goods, Dangerous Drugs or Illicit Goods or Substances or any item that Driver is not permitted by Law to carry or transport or is not licensed to carry or transport; and
3.1.3 It is the sole and exclusive duty of any Passenger to ensure that any items, whether they be personal belongings or otherwise in their possession at the time any Contract of Carriage begins may legally be carried in Hong Kong. Driver and App Operator hereby expressly deny any and all liability for failure of Passenger to comply with any such Laws that may apply. It is the not the duty of Driver or App Operator to inform Passenger of the same.
4.1 Passenger warrants that:
4.1.1 to the best of Passenger’s knowledge, Destination Information is correct; and that Passenger has not knowingly or negligently provided false, factually inaccurate or fraudulent Destination Information to Driver;
4.1.2 Passenger contracts as a person, having reached their majority;
4.1.3 Passenger will be available for collection by Driver on the date and at the time specified;
4.1.4 that Passenger has complied with all Laws and regulations relating to the Ordering of a Taxi and agrees to abide by the provisions of the Road Traffic (Public Service Vehicles) Regulations, Cap. 374D, Part V, Clauses 45A and 46, prior to, during and alighting from the Taxi;
4.1.5 Passenger has not in their possession any Dangerous Goods, Dangerous Drugs, Illicit Goods or Substances or any other items stated in clause 8.1 hereinafter or items that would require Driver to possess a specific license or permit in order to carry or transport; and
4.1.6 Passenger has not tendered for carriage any fragile goods.
4.2 In the event of a breach by Passenger of any warranty under clause 4.1, Driver may, at Driver’s sole and exclusive discretion, and without prejudice to any other right or remedy Driver may have for breach of warranty or contract or otherwise under these Conditions of Carriage:
(a) if, prior to payment to App Operator by Passenger, decline to enter into a Contract with Passenger, and if after payment to App Operator, repudiate and terminate the Contract, in which case and for the avoidance of doubt, Passenger will not be entitled to a refund; or
(b) accept Order for Taxi and Contract of Carriage at PASSENGER’S SOLE AND ABSOLUTE RISK.
5. LIABILITY OF DRIVER
5.1 Nothing in these Conditions of Carriage shall exclude or limit Driver’s liability for:
(a) death or personal injury caused by any willful act or negligence of Driver;
(b) fraud or fraudulent misrepresentation;
(c) any other matter which it would illegal for Driver to exclude or attempt to exclude liability.
6.1 Pursuant to clause 4.1.1 Driver shall not be liable in the event that Passenger has willfully or negligently provided false, inaccurate or fraudulent information, thereby causing a Delay in arrival, frustrating completion of the Contract of Carriage to the point of Passenger’s final Destination or failing any reasonable remedy available to Driver the repudiation of and refusal to perform the Contract.
7. EVENTS BEYOND DRIVER’S CONTROL (FORCE MAJEURE)
7.1.1 Driver shall not be liable or responsible for any failure to perform, or Delay in performance of, any of his obligations under a Contract of Carriage that is caused by events outside Driver’s reasonable control (“Force Majeure Event”);
7.1.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, snow, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government;
7.1.3 Performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and subject to the mutual agreement of Driver and Passenger, will have an extension of time for performance for the duration of that period. If Driver and Passenger determine that the Force Majeure Event may continue indefinitely, Driver and Passenger, both solely reserve the right to cancel that Contract of Carriage and inform the other as soon as practicable in that event.
8. NATURE OF GOODS; PROHIBITION OF CERTAIN GOODS
8.1 PASSENGER IS STRICTLY FORBIDDEN TO HAVE ANY OF THE FOLLOWING ON HIS PERSON OR TO TAKE ANY OF THE FOLLOWING ITEMS WITH HIM DURING THE CONTRACT OF CARRIAGE:
1. DANGEROUS DRUGS;
2. DANGEROUS GOODS;
3. ILLICIT GOODS OR SUBSTANCES;
5. ANY MACHINES, MECHANICAL DEVICES OR TOOLS.
6. ARTWORK, INCLUDING any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes, but is not limited to, items (and their parts) such as paintings, drawings, vases, tapestries, limited edition prints, fine art, statues, sculpture, collectors’ items, photographic negatives, photographic chromes, photographic slides and any other commodities that by their inherent nature are particularly susceptible to damage, or the market value of which is particularly variable or difficult to ascertain;
7. ANTIQUES, INCLUDING any commodity, which exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include, but are not limited to, furniture, tableware, glassware and collectors’ items such as coins, stamps, sports cards, souvenirs and memorabilia;
8. GLASSWEAR, INCLUDING BUT NOT LIMITED TO, signs, mirrors, ceramics, porcelains, china, crystal, glass, framed glass and any other commodities with similarly fragile qualities;
9. AUTOMOTIVE SPARE PARTS;
10. PERISHABLE GOODS;
8.2.1 Driver may at Driver’s sole and exclusive discretion allow Passenger to have on his person or in his possession, for his sole and exclusive, personal use and strictly not for sale, resale, trading or for any purpose of valuable consideration, AND STRICTLY ON CONDITION THAT any such items ARE NOT COVERED Driver’s policy of insurance and are deemed to be at Passenger’s sole, absolute and exclusive risk
8.2.2. JEWELLERY, INCLUDING, BUT NOT LIMITED TO, watches and their parts, precious and semi-precious gems or stones whether cut or uncut, industrial diamonds and costume jewellery;
8.2.3 PRECIOUS METALS, INCLUDING, BUT NOT LIMITED TO, gold and silver bullion, dust, precipitates or platinum (except as an integral part of electronic machinery);
8.2.4 FURS, INCLUDING BUT NOT LIMITED, fur clothing, fur-trimmed clothing and fur pelts;
8.2.5 scale models (including, but not limited to, architectural models and dollhouses) and prototypes;
8.3 If, in the opinion of Driver, any items, parcels or goods on Passenger’s person or in the possession of Passenger during the performance of the Contract of Carriage are or are liable to become Dangerous Goods, such items or goods, Driver, may at his sole and absolute discretion refuse to allow the item or goods to be taken with or by Passenger. Driver shall not be liable to Passenger in any such event.
8.4 Passenger shall indemnify and keep indemnified on a full indemnity basis, Driver against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Driver arising out of or in connection with any breach of this clause 8.
8.5 Passenger is responsible for the packaging and labeling of any items or goods on his person or in his possession during the performance of the Contract of Carriage in accordance with these Conditions of Carriage. Any such items or goods that are deemed by Driver to be inadequately packaged or labeled and which Driver allows Passenger to have on his person or in his possession during the performance of the Contract of Carriage, shall be deemed to be at Passenger’s full, sole and absolute risk.
9. PASSENGER’S INDEMNITY OF DRIVER
9.1 Passenger shall indemnify Driver against:
(a) losses suffered by Driver arising from any negligent act, negligent omission, negligent misdirection or negligent misstatement by Passenger;
(b) losses suffered by Driver arising from any inaccuracy or omission relating to the items or goods within Passengers possession or on his person; or the accuracy of any markings or branding of such items or goods or their description, value or other particulars furnished by Passenger to Driver;
(c) claims of any nature for loss or damage resulting from the carriage of Dangerous Drugs, Dangerous Goods or Illicit Goods or Substances (including indirect and consequential loss);
(d) any and all liabilities of whatsoever kind or nature arising from any breach of these Conditions of Carriage by Passenger.
9.2 Passenger does not indemnify Driver in respect of losses suffered by Driver that result from any failure to comply with these Conditions of Carriage that fall into the following categories:
(a) loss of income or revenue or profits;
(b) loss of business;
(c) loss of anticipated savings; or
(d) waste of management or office time.
© Copyright Easy Planet Limited, 2019. All rights reserved.