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DRIVERS TERMS AND CONDITIONS OF USE FOR SUPERCAB

IN THE CONTEXT OF THESE DRIVERS TERMS AND CONDITIONS OF USE FOR SUPERCAB (AS HEREINAFTER DEFINED) ANY WORDS AND PHRASES SHALL HAVE THE SAME DEFINITIONS ASCRIBED TO THEM IN THE SUPERCAB TERMS AND CONDITIONS OF USE FOR SUPERCAB PASSENGER SERVICE USERS (AS HEREINAFTER DEFINED) UNLESS SPECIFICALLY STATED OTHERWISE.  

 

  1. INTRODUCTION

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. For the strict avoidance of doubt, with effect from the date hereof, the Insurance Policy does not provide coverage or protection for ChinaLink Drivers or for Passengers of the ChinaLink Service;

 

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;

 

1.1.5 SuperCab also makes available to Passengers a luxury Cross-border Ride Ordering Service, operating between the three contiguous regions of the People’s Republic of China: the Hong Kong Special Administrative Region, the Macau Special Administrative Region and Mainland China, specifically Zhuhai (“Territory”);

 

1.1.6 DISCLAIMER WARNING: THE SUPERCAB CROSS-BORDER 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 AN EMPLOYEE OF CHINALINK BUS SERVICES LIMITED (“CHINALINK”), ACTING AS 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 CROSS-BORDER RIDE ORDERING SERVICE OR OF A LEGALLY BINDING CONTRACT OF CARRIAGE BETWEEN THE SUPERCAB SERVICE AND ANY POTENTIAL PASSENGER (THE “CHINALINK SERVICES”). APP OPERATOR, SUPERCAB AND THE SUPERCAB SERVICE ARE NOT REGISTERED OR LICENCED CROSS-BORDER RIDE SERVICE OPERATORS, LICENSED CARRIAGE, COMMON CARRIER, OR PUBLIC TRANSPORTATION VEHICLE SERVICE OPERATORS. CHINALINK DRIVERS CONTACTABLE THROUGH THE SUPERCAB APP ARE LICENSED CROSS-BORDER DRIVERS OR ARE THE HOLDERS OF VEHICLE LICENSES AND/OR PERMIT HOLDERS IN TERRITORY; AND THE LEGALLY BINDING CONTRACT OF CARRIAGE BETWEEN A CHINALINK DRIVER AND A PASSENGER IS BETWEEN CHINALINK AND PASSENGER, TO THE ABSOLUTE EXCLUSION OF APP OPERATOR AND THE SUPERCAB SERVICE; FOR THE STRICT AVOIDANCE OF DOUBT, CHINALINK SERVICES ARE PROVIDED ON A HIRE-AS-A-WHOLE BASIS;

 

1.1.7 These T&Cs are to be read in accordance with the Privacy Policy of App Operator and in accordance with the data protection laws of Hong Kong, the provisions of which are implied and deemed incorporated into these T&Cs. You are hereby informed that App Operator cannot offer any opinion, position, judgment, warranty or guarantee of the privacy and data protection laws in operation other regions of Territory, should you make use of the ChinaLink Services that may be Ordered through the App. The People’s Republic of China and the Macau Special Administrative Region both operate different legal systems and your rights and protections, should you leave the jurisdiction of Hong Kong, are subject to those respective legal systems. You do so at your own discretion and sole risk. App Operator hereby excludes any and all liability for breaches of your privacy and/or failures of data protection that may occur in these jurisdictions. You are advised to read the Privacy Policy in order that you can be made aware of your rights and obligations and those of App Operator thereunder. These T&Cs are placed on the App for the purposes of informing you of the terms and conditions under which you are expected to behave. A copy of the T&Cs, as amended, is also made available to you and anyone wishing to use the App at the time of download, installation, use, viewing, and/or purchase. Download, installation, use, viewing and/or purchase is in strict accordance with these T&Cs, Privacy Policy, Software License Agreement, disclaimers, notices and any other legal documentation associated with the App is issued by App Operator contained, detailed or referenced herein, all as amended. Please refer to the specific clause(s) for information on the operating terms and conditions of third-party service providers to the App, including ChinaLink Bus Services Limited, Tencent Inc, Tenpay Payment Technology Company Limited, Stripe, Generali Group and Benefit Vantage Limited (as applicable, for the purposes defined hereinafter);

 

1.1.8 App Operator reserves the right to change these T&Cs or any other provision of the Privacy Policy and/or Software License Agreement or any of the documents stated in clause 16 hereinafter, under the control of App Operator and pursuant to clause 15.1, App Operator’s parent company and the secure login authentication, from time-to-time, at its sole and exclusive discretion and without reference to you. Any such changes will be incorporated in these T&Cs automatically. Please refer to the App periodically for any changes. By continuing to access or use the App after App Operator makes any such changes, you agree to be bound by the revised T&Cs;

1.1.9 You hereby agree that you SHALL ACCEPT every provision of the T&Cs, Privacy Policy and Software License Agreement and those of the operating terms and conditions of the SuperCab third-party service providers, including ChinaLink Bus Services Limited, Tencent Inc., Tenpay Payment Technology Company Ltd, Stripe, Generali Group and Benefit Vantage Limited (as applicable), as a precondition of download, installation, use, viewing and/or purchase of the App. Should you not wish to accept the T&Cs, Privacy Policy and Software License Agreement contained, detailed or referenced herein, as such a precondition you should not proceed to install and or use the App and thereby no contract shall exist between you and App Operator. These T&Cs are the definitive contract between you and App Operator governing your download, installation, use, viewing, and/or purchase of SuperCab; 

 

1.1.10 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; and

1.1.11 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 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.

 

1.3 For the purposes of these T&Cs, the following words shall have the following meanings attributed to them, unless the context specifically states otherwise:

1.3.1 “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;

1.3.2 “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;

1.3.3 “ChinaLink Services” shall mean the luxury cross-border Rides provided by ChinaLink that can be Ordered through the App. ChinaLink Services are provided to Passengers by ChinaLink Drivers;

1.3.4 “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;

1.3.5 “Pre-booking Service” is the service available through the SuperCab App that allows a Passenger to order a Taxi or the ChinaLink Service in advance of the agreed Order collection time; and

1.3.6 “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).

 

1.4 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.

 

  1. 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.

 

2.2 All rights granted by you to App Operator during the Term of these T&Cs shall survive the termination of these T&Cs by you or App Operator. App Operator reserves the right, at its sole and exclusive discretion, to terminate your access to all or part of this App, with or without notice, for any reason, including, without limitation, in the event that App Operator believes that you have violated or acted inconsistently with the letter or spirit of these T&Cs or any provision of the Software License Agreement or Privacy Policy.

 

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.

 

  1. 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.

 

3.3 You may use the SuperCab Service, subject to availability, to receive Orders through the SuperCab Service and the associated option to be contacted directly by potential Passengers for the purpose of Ordering your Taxi or the ChinaLink Services, which you as a ChinkLink Driver provide. Your general location will be displayed after localization within the general vicinity of your Taxi, but not in real time, by a potential Passenger via the SuperCab App on a map, subject to the provisions of the Software License Agreement and the Privacy Policy. Your specific information, which may include your Personal Identifiably Information as detailed in the Privacy Policy, evaluation and rating will be displayed on Passenger’s Smartphone/device. Prior to you making your intention to tender for the Order to a potential Passenger, the Passenger’s Smartphone does not display your specific information, but does display anonymous data.

 

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 or ChinaLink 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 or ChinaLink 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 A. The following provisions also apply to the Pre-booking Service.

 

The Taxi Order Process

In order to be able to see potential Orders or receive Orders from potential Passengers, ChinaLink, 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 or in the case of ChinaLink Drivers, the Order will be assigned to a ChinaLink Driver by ChinaLink,

Taxi Driver will be able to see all existing Orders (start and end points, Order price, and ride particulars, the payment method available and filter them according to his preferences and select 1 (one) that he prefers the most. Then the Order will be assigned to him and become invisible for all other Taxi Drivers. Subject to the provisions of the Privacy Policy, the Passenger will immediately receive the Taxi Driver’s particulars, including his name and vehicle registration number. Taxi Driver will then be able to contact the Passenger (by text or call) in the App, if required;

 

3.7.2 Orders being assigned (the following does not apply to ChinaLink Drivers who will be assigned their Orders by ChinaLink). 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 (the following does not apply to ChinaLink Drivers who will be assigned their Orders by ChinaLink) 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 (the following does not apply to ChinaLink Drivers, who will be assigned their Orders by ChinaLink) 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.

 

 

 

  1. APP OPERATOR SHALL PAY TAXI DRIVER

THE PROVISIONS OF THIS CLAUSE 4 DO NOT APPLY TO CHINALINK DRIVERS, WHO WILL BE PAID BY CHINALINK DIRECTLY.

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.

 

 

  1. PAYMENT OF DRIVER BY PASSENGER USING SUPERCAB APP

THE PROVISIONS OF THIS CLAUSE 5 DO NOT APPLY TO CHINALINK DRIVERS, WHO WILL BE PAID BY CHINALINK DIRECTLY.

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:

 

https://stripe.com/hk/ssa

 

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:

 

https://weixin.qq.com/cgi-bin/readtemplate?lang=en_US&check=false&t=weixin_agreement&s=pay

 

Enforcement of Tenpay’s operating terms and conditions against Passenger is by Tenpay and not App Operator.

 

The WeChat Pay service is a service provided by Tenpay via WeChat and the WeChat public platform, when Registered Account Holders use WeChat, they would also need to use WeChat or Weixin software service, owned and operated by Tencent Inc. (“Tencent”), and therefore any Registered Account Holder should read and ensure compliance with Tencent Weixin Software License and Service Agreement (including WeChat Privacy Policy, WeChat Acceptable Use Policy and Copyright Policy), at:

 

 

https://www.wechat.com/en/service_terms.html

https://support.wechat.com/agreement?lang=en

https://www.wechat.com/en/privacy_policy.html

https://www.wechat.com/en/privacy_policy.html

https://www.tencent.com/legal/html/en-us/index.html

 

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 AND HIRE AND CHINALINK SERVICES 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. FOR THE STRICT AVOIDANCE OF DOUBT, PAYMENT FOR THE CHINALINK SERVICES CAN ONLY BE MADE ELECTRONICALLY THROUGH THE APP AND THE CASH PAYMENT OPTION FOR THE CHINALINK SERVICES IS NOT AVAILABLE.

 

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.

 

  1. PASSENGER PENALTY AND CANCELLATION POLICY

6.1 The provisions of clause 6.2 apply to Taxi Ordered through the App only. For cancellation policy for the ChinaLink Service, you should refer to clause 6.3. For the Pre-booking cancellation policy, you should refer to clause 6.4.

 

6.2 You are only obligated to wait for your Passenger for a period of 5 (five) minutes at the agreed collection point. Should Passenger not have arrived at the agreed collection point, within the 5 (five) minute period, it shall be considered that Passenger has cancelled the Order, in which case you can consider the Contract of Carriage terminated by Passenger. App Operator will also consider the Contract of Carriage terminated. For such a termination Passenger shall be charged a Cancellation Fee of HK$20 (twenty Hong Kong dollars only).

 

6.3 (i) Should a Passenger cancel a ChinaLink Service Order, the Contract of Carriage will be considered terminated by ChinaLink, ChinaLink Driver and App Operator; and Passenger shall be charged a Cancellation Fee;

6.3. (ii) Should a Passenger wish to cancel an Order for the ChinaLink Service more than 12 (twelve) hours in advance of the agreed, Order collection time, Passenger shall not be charged a Cancellation Fee;
6.3 (iii) Should a Passenger wish to cancel an Order for the ChinaLink Service within 6-12 (six to twelve) hours of the Accepted Order collection time, Passenger shall be charged a Cancellation Fee equal to 50% (fifty percent) of the stated cost of the Order; and
6.3 (iv) Should a Passenger wish to cancel an Order for the ChinaLink Service within 6 (six) hours of the Accepted Order collection time, Passenger shall be charged the full cost of the Accepted Order as a Cancellation Fee.

 

6.4 (i) Should a Passenger have cancelled a Pre-booking Service Order, in which case you can consider the Contract of Carriage terminated (App Operator will also consider the Contract of Carriage terminated), Passenger shall be charged a Cancellation Fee;

6.4 (ii) Should a Passenger wish to cancel an Order for the Pre-booking Service 60 (sixty) minutes or more in advance of the agreed, Order collection time, Passenger shall not be charged a Cancellation Fee;

6.4 (ii) Should a Passenger wish to cancel an Order for the Pre-booking Service within 30-60 (thirty to sixty) minutes of the agreed, Order collection time, Passenger shall be charged HK$50 (fifty Hong Kong dollars only), as a Cancellation Fee; and

6.4 (iii) Should a Passenger wish to cancel an Order for the Pre-booking Service within 30 (thirty) minutes of the agreed, Order collection time, Passenger shall be charged the full cost of the Accepted Order as a Cancellation Fee.

 

  1. REGISTERED ACCOUNT HOLDERS OBLIGATIONS

7.1 As a condition of use, you are obliged not to use the SuperCab Service for any purpose that is prohibited by these T&Cs and the operating terms and conditions of the third-party service providers on which the App depends, including but not limited to, the ChinaLink Services, the online payment processor, Stripe, Tencent Inc.’s WeChat App and Tenpay Payment Technology Company Ltd, WeChat Pay and those of Insurance Policy Provider, Generali Group. You are responsible for all of your activity in connection with the SuperCab Service. Furthermore, you shall abide by all applicable local Laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry in your use and operation of the SuperCab Service. You shall not (directly or indirectly): take any action that imposes or may impose (as determined by App Operator in its full, sole and exclusive discretion) an unreasonable or disproportionately large load on SuperCab’s (or its third-party providers') infrastructure; interfere or attempt to interfere with the proper working of the SuperCab Service or any activities conducted by the SuperCab Service; bypass any measures App Operator may use to prevent or restrict access to the SuperCab Service (or other accounts, computer systems or networks connected to the SuperCab Service); use manual or automated software, devices, or other processes to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the SuperCab Service, App or Content, except as expressly authorized by App Operator in writing in advance; decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the SuperCab Service, except to the limited extent applicable Laws specifically prohibit such restriction; copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; otherwise take any action in violation of these T&Cs, Privacy Policy and Software License Agreement. Subject to and only in strict accordance with the Privacy Policy, App Operator reserves the right to access, read, preserve, and disclose any information as App Operator reasonably believes is necessary to (i) satisfy any applicable Law, regulation, legal process or governmental request, (ii) enforce these T&Cs, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to Registered Account User support requests, or (v) protect the rights, property or safety of SuperCab, its Registered Account Users and any interested or connected third-party.

 

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.

 

 

 

 

  1.  DRIVER EVALUATIONS

THE PROVISIONS OF THIS CLAUSE 8 DO NOT APPLY TO CHINALINK DRIVERS. CHINALINK DRIVERS WILL NOT BE EVALUATED BY OR WITHIN THE APP.

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.

 

  1. 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.

 

  1. 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 ChinaLink Bus Company Limited, 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.

 

  1. DISCLAIMER OF WARRANTY

11.1 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 15.1 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; ChinaLink Bus Services Limited and the ChinaLink Services; 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.

 

11.2 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.

 

11.3 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 15.1 hereof, IPification Powered by GMID; ChinaLink Bus Services Limited and the ChinaLink Services; 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.

 

11.4 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 15.1 hereof.  

 

11.5 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, the use of the ChinaLink Services, 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.

 

11.6 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 15.1 hereof, IPification Powered by GMID, ChinaLink, 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.

 

11.7 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 15.1 hereof, IPification Powered by GMID and/or App Operator’s products or services.

 

11.8 Any and all warranties that may apply pursuant to clause 3.7.1 are hereby excluded.

 

  1. LIMITATION OF AND EXCLUSION OF LIABILITY

12.1 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).

 

12.2 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.

 

12.3 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.

 

12.4 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 15.1 of these T&Cs. You further agree to hold App Operator harmless from any matter, cause, claim, disagreement or dispute that may arise therefrom.

 

12.5 In no event shall App Operator be liable to you for any matter, cause, claim, disagreement or dispute that may arise from you providing the ChinaLink Services, made available through the App. You further agree to hold App Operator harmless from any matter, cause, claim, disagreement or dispute that may arise therefrom.

 

12.6 App Operator hereby disclaims, absolutely and to the fullest extent permissible by law any and all liability for the functioning of the SuperCab App and the SuperCab Services available through the SuperCab App once a Passenger and a ChinaLink Driver within a ChinaLink luxury road vehicle being used for a Ride Ordered through the SuperCab App has left the jurisdiction of Hong Kong, crosses the border into Shenzhen, Zhuhai and/or Macau and App Operator hereby states categorically that any ChinaLink Driver or Passenger does so at their own risk; and furthermore that the SuperCab Services may not be available or accessible; and that certain clauses of the App T&Cs and Privacy Policy may not apply, be applicable, enforceable and therefore null and void.

 

  1. INDEMNIFICATION

13.1 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.

 

13.2 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.

 

13.3 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.

 

13.4 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 15.1 herein.

 

13.5 Pursuant to the Services Agreement entered into by and between App Operator and ChinaLink, ChinaLink has agreed to be 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 reasonable attorneys’ fees that may arise from ChinaLink Driver’s access to and use of the SuperCab Service. Furthermore, pursuant to the aforementioned Services Agreement, ChinaLink indemnifies App Operator, on a full cost indemnity basis, including reasonable attorney’s and other legal fees that may arise from:

(i) any attempt to claim that a ChinaLink Driver is an employee of App Operator will be refuted and considered null and void. For the strict avoidance of doubt, employees of ChinaLink, acting as Drivers for an Accepted Order placed through the SuperCab App. ChinaLink Drivers are employees of ChinaLink;

(ii) any attempt by a ChinaLink Driver to make a demand for payment or make a claim for payment for provision of ChinaLink Services, pursuant to clauses 4 and 5 herein, from App Operator directly. For the further strict avoidance of doubt, ChinaLink Driver shall be paid for provision of the ChinaLink Services by ChinaLink directly;

(iii) the acts and any applicable inactions and/or omissions by its employees as Drivers that have Accepted an Order for a Ride, through the SuperCab App, in the jurisdictions of Hong Kong, Shenzhen, Zhuhai and Macau;

(iv) the failure of ChinaLink to ensure that its employees acting as Drivers are properly licensed and hold valid Licensed Hire Car permits to undertake the Rides Ordered through the SuperCab App, in Hong Kong, Shenzhen, Zhuhai and Macau;

(v) the failure of ChinaLink to ensure that its employees, acting as Drivers comply with any and all applicable rules, regulations and Ordinances that may apply to a Driver of a Passenger vehicle, in the jurisdictions of Hong Kong, Shenzhen, Zhuhai and Macau;

(vi) the failure to provide proper and adequate insurance coverage for employees, acting as Drivers and Passengers during an Accepted Ride;

(vii) the failure to ensure the sound and mechanically correct operation or roadworthiness of the vehicles under the its ownership or within its control made available for Rides to be ordered through the SuperCab App;

(viii) the failure to ensure the proper vehicle licensing and registration of the vehicles under its ownership or within its control, made available for Passengers to be ordered through the SuperCab App;

(ix) the failure to ensure the proper insurance of the vehicles under its ownership or within its control, made available for Rides to be ordered through the SuperCab App;

(x) the actions and any applicable inactions and/or omissions of Passengers during an Accepted Ride. For the strict avoidance of doubt, Passengers that have Ordered a Ride through the SuperCab App are Passengers of ChinaLink and not SuperCab and are therefore subject to the terms and conditions of any of ChinaLink’s terms and conditions of use and any applicable rules, regulations and Ordinances applicable during a Ride;

(xi) any failure to ensure that its employees, acting as Drivers, are properly licensed and insured to provide cross-border Rides, in the jurisdictions of Hong Kong, Shenzhen, Zhuhai and Macau;

(xii) any failure to ensure that the vehicles under its ownership or within the control, made available for Rides to be ordered through the SuperCab App are properly licensed and insured to undertake cross-border Rides, in the jurisdictions of Hong Kong, Shenzhen, Zhuhai and Macau; and

(xiii) for the strict avoidance of doubt, App Operator hereby disclaims, absolutely and to the fullest extent permissible by law and any all liability for the foregoing.

 

  1. THIRD-PARTY WEBSITES AND SERVICES

14.1 The SuperCab Service may permit you to link to other apps, websites, services or resources on the Internet, specifically, but not limited to those provided by ChinaLink and 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.

 

  1. GENERAL PROVISIONS

15.1 Any Taxi Driver, ChinaLink Driver, Passenger or other Registered Account Holder may, at their discretion, use the GMID, secure mobile authentication solution to log-in to the App. GMID is a property of Benefit Vantage Limited (“BVL”), the parent company of App Operator and used by App Operator under license from BVL. Use by any Registered Account Holder of GMID is subject to any additional terms and conditions of use that BVL may choose to impose, at any future time, including an additional software license agreement. Any such terms and conditions of use will be deemed incorporated into these T&Cs, pursuant to clause 1.1.8 and in accordance with clause 16 hereinafter. Use by any Registered Account Holder of GMID, is in strict accordance with the SuperCab Privacy Policy.

 

15.2 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.

 

15.3 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.

 

15.4 You, App Operator and all of the third-parties that provide services to App Operator upon which the operation of the App and the SuperCab Service depends and/or whose services you may be able to Order and use through the App, 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.

 

15.5 These T&Cs do not constitute a partnership, joint venture, employer and employee, agent or fiduciary relationship between, App Operator and any of the third-parties that provide services to App Operator upon which the operation of the App and the SuperCab Service depends and/or whose services you may be able to Order and use through the App. 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.

 

15.6 These T&Cs operate to grant, strictly limited rights operating to give effect to the operation of the SuperCab Terms and Conditions of Use.

 

15.7 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.

 

15.8 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.

 

  1. OPERATION OF THE T&Cs

16.1 In addition to these T&Cs, download, installation, purchase, use and viewing of SuperCab is subject to the provisions of the following

  1. Assicurazioni Generali S.p.A Hong Kong Branch Personal Accident Insurance Policy Number 10-19-PG005398;
  2. The SuperCab Privacy Policy;
  3. Verification and Approval Process for Drivers Using SuperCab;
  4. The Software License Agreement for SuperCab;
  5. The Passengers Terms and Condition for SuperCab;
  6. SCHEDULE A (Technical Support Services) attached herewith;
  7. SCHEDULE B (Conditions of Carriage) attached herewith;
  8. Any operating terms and conditions imposed by ChinaLink Bus Services Limited or agreed to, by ChinaLink and its passengers;
  9. The operating framework in full for the online payment processor, Stripe, by which Passenger made payment: https://stripe.com/hk/ssa;
  10. The operating framework in full for the WeChat Pay Mini Program, including:

TenPay Service Agreement;

Service Agreement (including WeChat Privacy Policy, WeChat Acceptable Use Policy and Copyright Policy); and Tencent Weixin Software License.

  1. 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
  2. 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.

 

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