「SuperCab好的」乘客服務條款及細則(只提供英文版本)
TERMS AND CONDITIONS OF USE FOR SUPERCAB PASSENGER SERVICE USERS

  1. INTRODUCTION

 

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.  

1.1.1 The following are the Terms and Conditions of Use for SuperCab Passenger Service Users (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 Passenger 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, 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 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”);

 

1.1.5 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;

 

1.1.6 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);

 

1.1.7 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 18 hereinafter, under the control of App Operator and pursuant to clause 17.1, 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;

 

1.1.8 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; 

 

1.1.9 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;

1.1.10 In the context of these T&Cs clause headings and words underlined or in bold type (other than defined terms in bold type) are included for convenience only and do not affect interpretation or applicability.

 

1.2 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. 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 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;

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 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).

 

1.4 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;

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. The foregoing right of suspension also applies to your right to Order ChinaLink Services through the SuperCab Service.

 

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 place Orders through the SuperCab Service for the purpose of Ordering a Taxi or the ChinaLink Services. Your exact location will be displayed after localization in real time, via the SuperCab App on a map, subject to the provisions of the Software License Agreement and the Privacy Policy to enable the Taxi Driver or the ChinaLink Driver with whom you have negotiated a Contract of Carriage and that has been Accepted by ChinaLink and directed to ChinaLink Driver or Accepted by Taxi Driver to collect you from your stated location, your “collection point”. Prior to you making your Order for a Taxi or the ChinaLink Services, the Driver’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 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 Disclaimers in clauses 1.1.3 and 1.1.5 and applicable Law, App Operator considers that a legally binding Contract of Carriage is entered into between you and Taxi Driver or the ChinaLink Driver Ordered through the SuperCab App once you have 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, ChinaLink or the ChinaLink 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 A. The following provisions also apply to the Pre-booking Service.

The process by which potential Passengers place an Order for a Taxi through the SuperCab App is as follows:

 

3.7.1 There are 3 (three) login options: mobile phone, email and Facebook. Once a potential Passenger has logged in, subject to the operation of the Privacy Policy and the Software License Agreement, the App will seek Passenger’s consent to allow it to access GPS through Passenger’s smartphone, so that Passenger’s collection location may be pinpointed accurately. Should a potential Passenger not wish to grant GPS automatic access, Passenger may choose to identify collection location from a Google generated map, manually. All potential Passengers are hereby notified that access to GPS may be granted or denied by Passenger at Passenger’s exclusive discretion, however potential Passengers are hereby advised that should you deny GPS access the App may not be able to function as stated and will not be able to pinpoint your collection location. In such an event any express and/or implied warranties are void and as the App will not be able to pinpoint your location a Contract of Carriage may not be negotiable between you and Taxi Driver or you and ChinaLink and/or ChinaLink Driver. App Operator shall not be liable in such an event for the non-negotiability of a Contract of Carriage or for the non-performance of the App;

 

3.7.2 Once potential Passenger has entered the collection location and destination, the App will calculate the cost of the Taxi or ChinaLink luxury road vehicle hire. Potential Passenger may then select a number of options, from a drop-down window, to tailor-make the needs of their Taxi or ChinaLink luxury road vehicle 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 or ChinaLink 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 or ChinaLink Driver, in accordance with the internal App Driver selection process, that Taxi Driver or ChinaLink Driver will confirm to you, through the App that he has Accepted your Order. After your Order has been Accepted by Taxi Driver or ChinaLink Driver you may track Taxi Driver’s or ChinaLink 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, ChinaLink and App Operator.

 

  1. REGISTRATION

4.1 In order to use the SuperCab Service to Order a Taxi or the ChinaLink Services, you are required to register with App Operator and represent, warrant and covenant that you provide App Operator (as the owner and operator of SuperCab) with accurate, truthful, and complete registration information (in accordance with the Privacy Policy) (including, but not limited to your given name and surname, address, email address, telephone number for SMS verification and, if applicable pursuant to clause 17.1 herein, for secure login authentication by IPification Powered by GMID, of your use of your Ordered Taxi or ChinaLink luxury road vehicle, a user name and password you will use to access the SuperCab Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these T&Cs, which may result in immediate termination of your Registered SuperCab Account. You are solely obliged and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your SuperCab password and any other Personally Identifiable or Confidential Information. You shall never use another Registered User's account without such other Registered User's prior express consent, preferably in writing. You shall immediately notify App Operator in writing of any unauthorized use of your Registered User Account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you have reached the age of majority in the country in which you reside and you therefore possess and are free to exercise fully all powers, rights and prerogatives to form and enter into a binding contract, or that if you are registering on behalf of a legal person (in any capacity, a body corporate, an unincorporated body (for example a society or association), a trust, a partnership, a sovereign state, a government or a government department or agency that you are authorized to enter into, and bind that legal person) to, these T&Cs and register for the SuperCab Service. The SuperCab Service is not available to you if are younger than 18 (eighteen) years old or if using the SuperCab Service alone and unaccompanied by a person having reached their majority or by the person paying the for the hire of the Taxi or the ChinaLink luxury road vehicle through the App. App Operator may, at its full, sole and absolute discretion, refuse to offer the SuperCab Service to you or any other Registered Account Holder, natural person or legal person and change its eligibility criteria at any time; in which case App Operator shall not be liable to you. You are solely responsible for ensuring that you comply fully with the provisions of these T&Cs, laws, rules, regulations and the operating terms and conditions of any third-party service providers, pursuant to the relevant clause, on which the App depends, including those of ChinaLink Bus Services Limited, Tencent Inc., Tenpay Payment Technology Co. Ltd, Stripe, Generali Group and Benefit Vantage Limited, as they are applicable to you. The right to access the SuperCab Service may be revoked where use of the SuperCab Service is prohibited and, in such circumstances, you agree not to use or access the App or SuperCab Services, in any way.

 

  1. ACCESS TO SUPERCAB SERVICE SUBJECT TO DRIVERS T&Cs

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.

 

  1. PAYMENT THROUGH SUPERCAB SERVICE FOR HIRE OF TAXI

6.1.1 Passengers may make payment for hire of a Taxi or ChinaLink luxury road vehicle through the App by online payment processor, Stripe and the payment function of the WeChat app, WeChat Mini Program, WeChat Pay or for a Taxi only, in cash. For the strict avoidance of doubt, the payment for the ChinaLink Service can only be made through the App. 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 1.1.7. Further pursuant to the provisions of clause 1.1.7 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:

 

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;

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:

 

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 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 OR CHINALINK LUXURY ROAD VEHICLE 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 TAXI DRIVERS ARE STRICTLY PROHIBITED FROM TENDERING FOR ANY SUCH PAYMENT. THE FOREGOING EXCLUSION DOES NOT APPLY TO A PAYMENT A PASSENGER CHOOSES TO MAKE PAYMENT 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 or ChinaLink luxury road vehicle in accordance with the provisions of these T&Cs. Any Order for a Taxi or ChinaLink luxury road vehicle 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 or ChinaLink luxury road vehicle placed 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.

 

  1. CANCELLATION POLICY (YOUR POTENTIAL PENALTY)

7.1 The provisions of clause 7.2 apply to Taxi Ordered through the App only. For cancellation policy for the ChinaLink Service, you should refer to clause 7.3. For the Pre-booking cancellation policy, you should refer to clause 7.4. Payment of any Cancellation Fee shall be by means of a deduction from your credit card, via an instruction from App Operator to the relevant payment processor, linked to your Registered SuperCab Account.

 

7.2 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 Cancellation Fee of HK$20 (twenty Hong Kong dollars only).

 

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

 

7.4 (i) Should you have cancelled your Pre-booking Service Order, in which case your Contract of Carriage will be considered terminated by Taxi Driver and App Operator; and you shall be charged a Cancellation Fee;

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

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

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

 

  1.  DRIVER EVALUATIONS

8.1 You may evaluate your Taxi Driver and the condition of the vehicle you Ordered through the SuperCab Service. You agree that all such evaluations will be objective and fair.  You acknowledge and agree that your evaluations may be published on the App and that such evaluations may be accessible to other Registered Account Holders and Users of the SuperCab Service (subject to the operation of the Privacy Policy). To the fullest extent permitted by applicable law or regulation, you hereby waive any and all intellectual property and privacy rights you may have with respect to the publication of your evaluations.

 

 

  1. CONTENT

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.

 

  1. THIRD-PARTY WEBSITES AND SERVICES

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 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. YOUR OBLIGATIONS

11.1 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, the IPification Powered by GMID secure login authentication solution owned and operated by Benefit Vantage Limited and Tenpay Payment Technology Company Ltd, WeChat Pay and those of Insurance Policy Provider, Generali Group. 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.

 

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.

 

  1. NO GUARANTEE OR WARRANTY OF OFFERS OR FEATURES

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 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.

 

13.2 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

14.1 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 17.1 hereof, IPification Powered by GMID; ChinaLink Bus Services Limited and the ChinaLink Services, the online payment processor, Stripe, Tencent Inc.’s WeChat App, the IPification Powered by 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.

 

14.2 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.

 

14.3 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 17.1 hereof, IPification Powered by GMID; ChinaLink Bus Services Limited and the ChinaLink Services, Stripe, Tencent Inc.’s WeChat App and 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.

 

14.4 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 17.1 hereof. 

 

14.5 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.

 

14.6 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 17.1 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.

 

14.7 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.

 

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

 

  1. LIMITATION OF AND EXCLUSION OF LIABILITY

15.1 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).

 

15.2 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.

 

15.3 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.

15.4 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.

 

15.5 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.

 

15.6 In no event shall App Operator be liable to you for any matter, cause, claim, disagreement or dispute that may arise from your accessing, Ordering, Acceptance and/or use of the ChinaLink Services, through the App. You further agree to hold App Operator harmless from any matter, cause, claim, disagreement or dispute that may arise therefrom.

 

15.7 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.

 

15.8 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.

 

15.9 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.

 

15.10 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.

 

  1. INDEMNIFICATION

16.1 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.

 

16.2 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. 

 

16.3 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 reasonable attorneys’ fees that may arise from your access to, Ordering of, Acceptance of and use of the ChinaLink Services. Any matter that may arise from your use of the ChinaLink Services and a ChinaLink Driver, from the time of Acceptance to the time of Order Completion, is a matter between you and ChinaLink, to the absolute exclusion of App Operator. Furthermore, pursuant to the Services Agreement entered into by and between App Operator and ChinaLink, 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 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.

 

16.4 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 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.

 

16.5 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 the online processing of payment by Stripe.

 

16.6 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.

 

16.7 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 17.1 of these T&Cs.

 

 

  1. GENERAL PROVISIONS

17.1 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, in accordance with clause 1.1.8 and in accordance with clause 18 hereinafter. Use by any Registered Account Holder of GMID, is in strict accordance with the SuperCab Privacy Policy.

 

17.2 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.

 

17.3 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; and enforceable.

 

17.4 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, are independent contracting parties and nothing in these T&Cs shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant any party any authority to assume or to create any obligation on behalf of or in the name of any other party.

 

17.5 These T&Cs do not constitute a partnership, joint venture, employer and employee, agent or fiduciary relationship between you, 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 only.

 

17.6 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.

 

17.7 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.

 

17.8 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

18.1 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. The Software License Agreement for SuperCab;

  4. The Drivers Terms and Conditions of Use for SuperCab;

  5. SCHEDULE A (Technical Support Services) attached herewith;

  6. SCHEDULE B (Conditions of Carriage) attached herewith;

  7. Any operating terms and conditions imposed by ChinaLink Bus Services Limited or agreed to, by ChinaLink and its passengers;

  8. The operating framework in full for the online payment processor, Stripe, by which Passenger made payment: https://stripe.com/hk/ssa;

  9. 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.

 

©Copyright Easy Planet Limited, 2020. All rights reserved.

 

 

SCHEDULE A

CONDITIONS OF CARRIAGE

Drivers and Passengers are hereby reminded that any Contract of Carriage in a Licensed Passenger Service Vehicle, a “Taxi” or a ChinkLink luxury road vehicle, 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. DEFINITIONS

1.1 In this SCHEDULE A:

 

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.

 

  1. APPLICATION OF CONDITIONS

2.1 These Conditions of Carriage form part of the Contract, which together constitutes the binding Contract of Carriage between ChinaLink, the ChinaLink Driver and Passengers or Taxi Driver and Passenger.

2.2 Taxi Driver and Passenger or ChinaLink Driver and Passenger each acknowledge that, in entering into a Contract of Carriage, neither Taxi Driver nor Passenger nor ChinaLink 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.

 

  1. DUTY TO ACCEPT & RIGHT TO REJECT

3.1.1 Taxi Driver is one or all of the following: a Common Carrier, Taxi Driver, Licensed Public Service Vehicle Driver, Licensed Private Hire Vehicle Driver or other licensed public transportation service driver or permit holder. For the strict avoidance of doubt, ChinaLink employees acting as Drivers possess valid vehicle driving license for each of the jurisdictions in which ChinaLink Services will be provided and Hire Car Permits and therefore are not bound by the following duty to accept an Order or have the right to reject an Order

 

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 or any other region of Territory. Taxi Driver, ChinaLink, ChinaLink 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 Taxi Driver, ChinaLink, ChinaLink Driver or App Operator to inform Passenger of the same.

 

  1. WARRANTIES

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 Taxi Driver, ChinaLink or ChinaLink Driver;

4.1.2 Passenger contracts as a person, having reached their majority;

4.1.3 Passenger will be available for collection by Taxi Driver or ChinaLink 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 Taxi Driver or ChinaLink 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, Taxi Driver or ChinaLink Driver may, at his sole and exclusive discretion, and without prejudice to any other right or remedy Taxi Driver or ChinaLink 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.

 

  1. LIABILITY OF DRIVER

5.1 Nothing in these Conditions of Carriage shall exclude or limit ChinaLink, ChinaLink’s Driver or Taxi Driver’s liability for:

(a) death or personal injury caused by any wilful act or negligence of ChinaLink Driver or Taxi Driver;

(b) fraud or fraudulent misrepresentation;

(c) any other matter which it would illegal for ChinaLink, ChinaLink Driver or Taxi Driver to exclude or attempt to exclude liability.

 

  1. CLAIMS

6.1 Pursuant to clause 4.1.1 ChinaLink, ChinaLink Driver nor Taxi Driver shall 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 ChinaLink Driver or Taxi Driver the repudiation of and refusal to perform the Contract.

 

  1. EVENTS BEYOND DRIVER’S CONTROL (FORCE MAJEURE)

7.1.1 ChinaLink, ChinaLink Driver nor Taxi Driver shall 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 ChinaLink’s Driver’s or Taxi 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; and

 

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 ChinaLink and Passenger, ChinaLink Driver and Passenger or Taxi Driver and Passenger, will have an extension of time for performance for the duration of that period. If ChinaLink and Passenger, ChinaLink Driver and Passenger Taxi Driver and Passenger determine that the Force Majeure Event may continue indefinitely, ChinaLink and Passenger, ChinaLink Driver and Passenger or Taxi Driver and Passenger, solely reserve the right to cancel that Contract of Carriage and inform the other as soon as practicable in that event.

 

  1. NATURE OF GOODS; PROHIBITION OF CERTAIN GOODS

8.1 PASSENGER IS STRICTLY FORBIDDEN TO HAVE ANY OF THE FOLLOWING ON HIS PERSON OR TO TAKE ANY OF THE FOLLOWING ITEMS WITH HIM DURING THE CONTRACT OF CARRIAGE:

  1. DANGEROUS DRUGS;

  2. DANGEROUS GOODS;

  3. ILLICIT GOODS OR SUBSTANCES;

  4. LIVESTOCK;

  5. ANY MACHINES, MECHANICAL DEVICES OR TOOLS.

  6. ARTWORK, INCLUDING any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes, but is not limited to, items (and their parts) such as paintings, drawings, vases, tapestries, limited edition prints, fine art, statues, sculpture, collectors’ items, photographic negatives, photographic chromes, photographic slides and any other commodities that by their inherent nature are particularly susceptible to damage, or the market value of which is particularly variable or difficult to ascertain;

  7. ANTIQUES, INCLUDING any commodity, which exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include, but are not limited to, furniture, tableware, glassware and collectors’ items such as coins, stamps, sports cards, souvenirs and memorabilia;

  8. GLASSWEAR, INCLUDING BUT NOT LIMITED TO, signs, mirrors, ceramics, porcelains, china, crystal, glass, framed glass and any other commodities with similarly fragile qualities;

  9. AUTOMOTIVE SPARE PARTS;

  10. PERISHABLE GOODS;

8.2.1 ChinaLink Driver or Taxi Driver may at their 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 AND/OR PROTECTED by ChinaLink’s insurance policy, ChinaLink’s Driver’s insurance policy or Taxi Driver’s insurance policy 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; and

8.2.5 scale models (including, but not limited to, architectural models and dollhouses) and prototypes.

8.3 If, in the opinion of ChinaLink Driver or Taxi 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, ChinaLink Driver or Taxi Driver, may at his sole and absolute discretion refuse to allow the item or goods to be taken with or by Passenger. ChinaLink, ChinaLink Driver nor Taxi Driver shall be liable to Passenger in any such event.

8.4 Passenger shall indemnify and keep indemnified on a full indemnity basis, ChinaLink, ChinaLink Driver and Taxi 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 ChinaLink, ChinaLink Driver or Taxi 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 ChinaLink Driver or Taxi Driver to be inadequately packaged or labelled and which ChinaLink Driver or Taxi 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.

 

  1. PASSENGER’S INDEMNITY OF DRIVER

9.1 Passenger shall indemnify ChinaLink, ChinaLink Driver and Taxi Driver against:

(a) losses suffered by ChinaLink, ChinaLink Driver and Taxi Driver arising from any negligent act, negligent omission, negligent misdirection or negligent misstatement by Passenger;

(b) losses suffered by ChinaLink, ChinaLink Driver or Taxi 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 ChinaLink, ChinaLink Driver or Taxi 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 ChinaLink, ChinaLink Driver or Taxi Driver in respect of losses suffered by ChinaLink, ChinaLink Driver or Taxi 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 opportunity;

(d) loss of anticipated savings; or

(e) waste of management or office time.

 

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