IN THE CONTEXT OF THESE SUPERCAB APP TERMS AND CONDITIONS OF USE FOR PASSENGERS (AS HEREINAFTER DEFINED) ANY WORDS AND PHRASES SHALL HAVE THE SAME DEFINITIONS ASCRIBED TO THEM IN THE SUPERCAB TERMS AND CONDITIONS OF USE FOR TAXI SERVICE DRIVERS (AS HEREINAFTER DEFINED) UNLESS SPECIFICALLY STATED OTHERWISE.
1.1.2 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.
1.1.6 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;
1.1.7 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;
1.1.8 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 1.1.4 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 wilful violation of any of the provisions of these T&Cs. Subject to the relevant provisions of these T&Cs, such action may include, but be not limited to
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 you or any potential Passenger through the App for the provision of a Taxi from your location or the location of any other of Passenger at the time of Order placement to you or any other Passenger’s intended destination; and
1.5.4 “SuperCab Service” is the service provided by the App, which allows you and any other 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.
2.1 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;
2.1.2 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
2.1.3 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 on more than 3 (three) occasions in any 1 (one) month period.
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.
3.1 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 you for Ordering the SuperCab Service, subject to a Cancellation Fee imposed in the event that you cancel an Order after it has already been Accepted by the given 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 you and Taxi Driver Ordered through the SuperCab App once you 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 the Taxi Driver to be “Acceptance” of the Contract of Carriage, unless anything is said or done by you or Taxi Driver 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 process by which potential Passengers place an Order for a Taxi through the SuperCab App is as follows:
3.7.2 Once potential Passenger has entered the collection location and destination, the App will calculate the cost of the Taxi hire. Potential Passenger may then select a number of options, from a drop-down window, to tailor-make the needs of their Taxi hire. Such options include, but are not limited to:
(i) the option to take a tunnel (should such an option apply);
(ii) the number of seats desired;
(iii) a one-way only or round trip Order;
(iv) subject to SCHEDULE B of these T&Cs, whether potential Passenger has pets;
(v) whether potential Passenger has luggage; and
(vi) whether Potential Passenger requires an Urban or New Territories Taxi;
3.7.3 You confirm the Order and wait for the App to match your Order to one of the nearest Taxi Drivers, in accordance with the internal App Driver selection process;
3.7.4 Once the App has matched your Order to the nearest Taxi Driver, in accordance with the internal App Driver selection process, that Taxi Driver will confirm to you, through the App that he has Accepted your Order. After your Order has been Accepted by Taxi Driver you may track Taxi Driver’s location on his way to collection point, in real time.
3.7.5 Subject to the operation of clause 7. of these T&Cs, you have the right to cancel your Accepted Order, in which case your Contract of Carriage will be considered terminated by Taxi Driver and App Operator.
5.1 App Operator offers to provide the SuperCab Services, as described more fully in the App, and which are selected by you, solely for your own use, and not for the use or benefit of any third-party. The SuperCab Services defined herein and in the App are subject to the operation of the Drivers T&Cs. SuperCab Services shall include, but not be limited to, any Services SuperCab performs for you, or subject to the terms set out under the "THIRD-PARTY WEBSITES AND SERVICES" section hereinafter, from third-party application stores (Apple™ iStore, or Google™ Play Tencent Inc. WeChat and WeChat Mini Program) authorized by App Operator, as well as the offering of any materials displayed or performed on or through the SuperCab Services.
6.1.1 Passengers may make payment for hire of a Taxi through the App by online payment processor, Stripe and the payment function of the WeChat app, WeChat Mini Program, WeChat Pay. All potential Passengers 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 1.1.5. Further pursuant to the provisions of clause 1.1.5 of these T&Cs, potential Passengers should refer to the App from time-to-time for the payment methods then available.
6.1.2 All potential Passengers 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.
6.1.3 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 is by Tencent and not App Operator.
6.2 FOR THE STRICT AVOIDANCE OF DOUBT YOU ARE FREE TO CHOOSE HOW TO MAKE PAYMENT FOR TAXI HIRE AT YOUR SOLE DISCRETION, IN ADVANCE. SHOULD YOU CHOOSE TO MAKE PAYMENT THROUGH THE APP, YOU SHALL NOT BE OBLIGED TO PAYMENT DIRECTLY TO THE TAXI DRIVER THAT HAS ACCEPTED YOUR 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.
6.3 SuperCab may be downloaded and installed completely free-of-charge. You 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 that you 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. The cost you are charged for each Order of a Taxi place through the App is clearly posted at the time you confirm your Order and App Operator shall not charge you any additional fees. You are hereby informed that App Operator waives any such fees that may be imposed by App Operator for the administration and processing of payment for hire of the Taxi made through the App. However, in very rare cases, the amount charged to your credit card statement may be higher than the posted price. This may be so because some credit cards charge various additional transaction fees, which produce a higher transaction cost.
7.1 The Taxi Driver that has Accepted your Order through the App is only obligated to wait for a period of 5 (five) minutes for you, at the agreed collection point. Should you not have arrived at the agreed collection point, within the 5 (five) minute period, it shall be considered that you have cancelled the Order, in which case your Contract of Carriage will be considered terminated by Taxi Driver and App Operator; and you shall be charged a HK$20 (twenty Hong Kong dollars only) cancellation fee.
9.1 The SuperCab Service contains Content specifically provided by App Operator through SuperCab and such Content is protected by any and all proprietary and beneficial intellectual property protection rights, whether registered or unregistered, contingent or otherwise, whether existing at the time of creation, now created or to be created in the future, in perpetuity and throughout the world, copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the SuperCab Service. Subject to these T&Cs, App Operator grants you a worldwide, non-exclusive, non-sub-licenseable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for use of a nature other than personal or non-commercial is expressly prohibited without prior written permission from App Operator, or from the right holder identified in such Content's copyright notice, whether referenced herein as a result of that party’s third-party service provision to App Operator or not, as applicable. You shall not sell, license, rent, sublicense or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third-party right.
10.1 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.
11.2 Pursuant to clause 10. hereinbefore, 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 8.1. 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.
12.1 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 or third-party software upon which the App depends; 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.
13.1 PROPRIETARY RIGHTS AND RESTRICTIONS
13.1 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 operating 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 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.
13.2 Specifically, all Content, video, audio, and text appearing on SuperCab may not be recorded or disseminated IN ANY WAY, SHAPE OR FORM.
14.1 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.
15.1 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 18 hereof, IPification Powered by GMID; the online payment processor, Stripe, Tencent Inc.’s WeChat App, the IPification Powered by and Tenpay Payment Technology Company Ltd, WeChat Pay nor for the conduct whether online or offline of any Registered Account User or non-registered user of the App or SuperCab Service.
15.2 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.
15.3 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 18 hereof, IPification Powered by GMID, Stripe, Tencent Inc.’s WeChat App and Tenpay Payment Technology Company Ltd, WeChat Pay, 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.
15.4 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 18 hereof.
15.5 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 or transmitted by and to SuperCab Registered Account Users and/or non-registered users.
15.6 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 18 hereof, IPification Powered by GMID, Stripe, Tencent Inc.’s WeChat App, Tenpay Payment Technology Company Ltd, WeChat Pay; 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.
15.7 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 18 hereof, IPification Powered by GMID and/or App Operator’s products or services.
15.8 Any and all warranties that may apply pursuant to clause 3.7.1 are hereby excluded.
16.1 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).
16.2 In no event shall App Operator be liable to you for your refusal to grant GPS access to your device, pursuant to clause 3.7.1 of these T&Cs.
16.3 In no event shall App Operator be liable to you for your cancellation of your Accepted Order, thereby terminating your Contract of Carriage, pursuant to clause 3.7.5 of these T&Cs.
16.4 In no event shall App Operator be liable to you for the penalties that may be imposed pursuant to the provisions of clause 7. of these T&Cs. Any such penalties that may be imposed upon you are solely and exclusively yours to bear.
16.5 In no event shall App Operator be liable to you for any matter, cause, claim, disagreement or dispute that may arise from the online processing of payment by Stripe. You further agree to hold App Operator harmless from any matter, cause, claim, disagreement or dispute that may arise therefrom.
16.6 In no event shall App Operator be liable to you for any matter, cause, claim, disagreement or dispute that may arise from the processing of payment by WeChat Pay, by Tenpay Payment Technology Company Ltd. You further agree to hold App Operator harmless from any matter, cause, claim, disagreement or dispute that may arise therefrom.
16.7 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 18 of these T&Cs. You further agree to hold App Operator harmless from any matter, cause, claim, disagreement or dispute that may arise therefrom.
17.1 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 defence and control of any matter otherwise subject to indemnification by you. You hereby agree to cooperate with App Operator in asserting any available defences. 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.
17.2 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, free of any and all liability pursuant to the provisions of clauses, 3.7.1, 3.7.5 and 7. of these T&Cs. Any liability that may arise thereunder is solely and exclusively yours.
17.3 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 online processing of payment by Stripe.
17.4 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 the processing of payment by WeChat Pay, by Tenpay Payment Technology Company Ltd.
17.5 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 operation of clause 18 of these T&Cs.
19.1 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.
19.2 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; and enforceable.
19.3 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.
19.4 These T&Cs do not constitute a partnership, joint venture, employer and employee, agent or fiduciary relationship between you and any App Operator. App Operator is the provider of the App only
19.5 These T&Cs operate to grant, only where strictly necessary and applicable, strictly limited rights operating to give effect to the operation of the Drivers Terms and Conditions of Use for SuperCab.
19.6 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.
19.7 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.
20.1 In addition to these T&Cs, download, installation, purchase, use and viewing of SuperCab is subject to the provisions of the following
TenPay Service Agreement;
Tencent Weixin Software License.
©Copyright Easy Planet Limited, 2020. All rights reserved.
The following is an outline of the Technical Support Services to be provided pursuant to the operation of the SuperCab Service.
These are questions that are described in the Admin Panel and can be template-answered consultations concerning any information from App documentation.
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.
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
3.1 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, Drivers 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.
2.1 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.
3.1.1 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.
5.1 Nothing in these Conditions of Carriage shall exclude or limit Driver’s liability for:
(a) death or personal injury caused by any wilful 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 wilfully 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.
7.1.1 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.
8.1 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:
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 labelling 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 labelled 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.
9.1 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.
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