These Terms (as defined below) apply to your use of the Platform (as defined below), as well as to all information and/or Services (defined below) provided to you by means of your use of the Platform.
The Platform is powered and provided by GoGo Tech Limited together with its Local Operating Affiliate (as defined below) and its affiliated and associated corporations (collectively, “we”, “us” or “our”).
1. Definitions and Interpretation
(a) In these Terms, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise:
“Account” has the meaning ascribed to it in clause 5(c)(ii);
“Advertisement” means any promotion messages and information that may appear on your computer, mobile device or otherwise during the operation of the Platform, and “Advertisements” shall be construed accordingly;
“Alternate Country” has the meaning given in clause 10;
“App” means the mobile application supplied by us and downloaded and installed by you on your mobile device or otherwise through which you may obtain the Services;
“Customers” means any and all persons who request(s) for or otherwise acquire services from the Participating Providers through the use of the Platform. “Customer”, “You” and “Your” shall be construed accordingly;
“Deposit” has the meaning ascribed to it in clause 4(b);
“[Client Credit]” has the meaning ascribed to it in clause 5(c)(ii);
“Local Operating Affiliate” means GoGo Tech Limited;
“Max Liability Amount” means USD140 (or equivalent);
“Platform” means the App, our website(s) and other related online and offline platform(s) supplied by us to any Customer(s) and/or Participating Provider(s) through which they may obtain the Services;
“Participating Providers” means the persons, drivers or vehicle operators whose services are offered and may be requested through the use of the Platform, and “Participating Provider” shall be construed accordingly;
“Region” means the region in which you access, or use the Platform and/or Services;
“Relevant Laws” means any and all applicable laws and regulations in the Region from time to time relevant to your use of the Platform and/or the Services;
“Services” means any and all goods and services provided by us to any Customer(s) and/or Participating Provider(s) by means of their respective use of the Platform (including but not limited to the services described in clause 3 and any schedules (if any) thereto);
“Terms” means these terms and conditions, which may be amended and supplemented by us from time to time in accordance with clause 10; and
“Website” means www.gogovan.com.hk/en
(b) Headings are for convenience only and do not affect interpretation. The singular includes the plural and the masculine shall include the feminine and neuter and vice versa. Mentioning anything after includes, including, for example, or similar expression, does not limit what else might be included.
(c) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
2. License of the Platform
(a) Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable and non-transferable licence to download and install one copy of the App on your mobile device or otherwise and to run such copy of the App solely for your own use.
(b) Subject to your compliance with these Terms, we grant you access and/or use of the Platform on your computer and/or mobile device or otherwise.
(c) Your use of the Platform grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to the Platform) or the intellectual property rights of our retail or advertising partners, other than the non-exclusive and non-transferable personal right to use and receive the Services in accordance with these Terms.
(d) You must not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the Platform in any way; (ii) modify or make derivative works based upon the Services or the Platform; (iii) create Internet “links” to the Platform or “frame” or “mirror” any other server or wireless or Internet-based device; (iv) reverse engineer or access the Platform in order to (1) design or build a competitive product or service, (2) design or build a product using similar ideas, features, functions, graphics or other intellectual property products of the Services or the Platform, or (3) copy any ideas, features, functions, graphics or other intellectual property products of the Services or the Platform; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Services or the Platform.
(a) We offer a technology platform to provide information and a means for you to obtain services from Participating Providers through the use of the Platform. The Platform allows you to send a request(s) for services (together with information in relation to such request) to Participating Providers and each relevant Participating Provider has the sole discretion to accept or reject each such request. If a Participating Provider accepts a request, the Platform will notify you and provide you with information about the Participating Provider such as the name, contact number, rating, details of registered vehicle (as applicable).
(b) You acknowledge and agree that we act only as an intermediary between you and the Participating Provider(s) and we are not your agent or the agent of the Participating Provider(s). We are not a transportation carrier and do not provide transportation services. We are not responsible for the behaviour, negligence, conduct, actions or inactions on the part of the Participating Provider(s) whose services you may use (through the Platform or otherwise). Any contract for the provision of services is between you and the Participating Provider(s) and not us. Other than providing settlement of payment arrangement services in accordance with clause 5, we have never been and shall never be a party to any agreement (to be) entered into between you and any Participating Provider(s). If there is any dispute in relation to the services provided then that dispute must be taken up by you with the relevant Participating Provider(s) directly.
(c) You must keep secured and confidential and not disclose to any third party any username or password that we may provide to you in relation to access to the Platform and/or the Services.
(d) We shall assume that any person using your mobile device, your username and password is you or a person authorized by you
4. Your use of the Platform and the Services
(a) Your use and access to the Platform and the Services is conditional upon you having registered as a user of the Platform and having been provided by us with an account.
(b) Where applicable, your use and access to the Platform and the Services is also conditional upon you having the required sufficient amount of deposit (Deposit) as requested by us from time to time in your relevant account. We are entitled to require you to deposit additional amount of Deposit from time to time before you can continue your use and access to the Platform and Services. You may deposit money from time to time by way of making payment into our or our nominee’s designated bank account or such other method as approved by us from time to time and providing us with relevant payment evidence. We reserve the right to charge you administrative fees if you require our assistance to confirm and/or verify your relevant payment evidence and/or other miscellaneous services (including suspension or termination of your relevant account by reason of you having breached any of these Terms or in our opinion you misuse the Platform and/or the Services). Details of our administrative fees may be found on our Website and/or the Platform from time to time. For the avoidance of doubt, any money deposited as Deposit is non-interest bearing, non-transferable and its sole and exclusive purpose is to be used to obtain Services through the Platform in any event. Upon termination of your relevant account, any money deposited as Deposit (less the amount of Deposit applied towards the settlement of any and all payable and/or outstanding fees, administrative fees (if any) and/or monthly invoice(s) (together with any applicable interests for late and/or default payment (if any))) shall be refunded to you.
(c) You agree:
(i) to provide us with all information as we may request for registration of an account on the Platform;
(ii) to provide us with any proof of identity we may reasonably request;
(iii) to settle all fees receivable or payable under completed orders and/or invoices issued by us;
(iv) to treat Participating Providers introduced to you through the Platform with respect and not to cause damage to their vehicles or engage in any unlawful, threatening, harassing or abusive behaviour or activity whilst using their vehicles and/or the Services;
(v) to treat member(s) of our staff (including but not limited to any person in our customer service team) with courtesy and not to exhibit threatening, harassing or abusive behaviour towards our staff under any circumstances;
(vi) that you will not use the Platform and/or the Services to access or attempt to access the account(s) of other Customer(s) or to penetrate or attempt to penetrate any security measures; or to advertise or promote third party or your own product(s) and/or service(s);
(vii) to warrant that all information and details provided by you to us (including through the Platform or otherwise) are true, accurate, complete and up-to-date in all respects and at all times;
(viii) that you will not use the Platform and/or the Services: (i) for any unlawful purpose, including but not limited to, usage of the Platform and/or the Services for carriage of goods and/or passengers in contravention of the Relevant Laws; and (ii) in any way that interrupts, damages, impairs or renders the Platform or the Services less efficient;
(ix) to comply with all Relevant Laws while using the Platform and/or the Services;
(x) that you will not use the Platform and/or the Services to cause nuisance, annoyance or inconvenience;
(xi) to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation; and
(xii) to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms and/or Relevant Laws, whether or not referenced herein.
(d) We reserve the right to suspend, restrict or terminate your access to the Platform and/or the Services at any time with notice to you without any liability on our part if (i) we have reasonable grounds to believe you have breached any of these Terms or in our opinion you misuse or otherwise abuse the Platform or the Services; and/or (ii) you fail to settle all fees and/or our invoice(s). This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
5. Charges and Payment
(a) It is generally free to use the Platform. For details about the cost of the services provided by the Participating Providers, unless otherwise agreed with us in writing, please refer to the latest pricing guidelines posted on our Website and/or the Platform, which may be amended and updated at our sole discretion from time to time without prior notice. Unless otherwise agreed by us in writing, any payment made under this clause 5 is non-refundable.
(b) Cash Payment:
(i) You understand and agree that any and all fees receivable or payable under completed orders shall be settled between you and Participating Provider(s) directly. In the event there is any dispute in relation to the settlement of fees, such dispute must be taken up with the relevant Participating Provider directly; and
(c) Non Cash-Payment:
(i) You understand and agree that any and all fees receivable or payable under completed orders can be settled via credit card payment or such other non-cash method as approved by us from time to time via us (and not directly between you and Participating Provider(s)). You irrevocably authorise and appoint us as your paying agent to pay such fees to the Participating Provider(s) on your behalf; and
(ii) Where applicable, any and all fees receivable or payable under completed orders may be settled via deducting a corresponding point credit (“Client Credit(s)”) from your virtual wallet account (“Account”). Where applicable, the manner and the scale of deduction of Client Credits and relevant administrative fees (if any) will be posted on our Platform and will become effective immediately upon disclosure to you. Your continued access or use of the Platform after such notice constitutes your consent to be bound by the scale of deduction of Client Credit and administrative fees (if any), as amended at our sole discretion from time to time. You may purchase, top-up, exchange or redeem Client Credit by any means as instructed by us from time to time. For the avoidance of doubt, (i) the Client Credits are non-transferable and their sole and exclusive purpose is for request for services provided by Participating Provider(s); (ii) any money used to purchase Client Credits is not refundable in any event; and (iii) unless expressly forbidden by Relevant Laws, the Client Credits are subject to expiration of the time period as posted on our Platform from the date of purchase, top-up, exchange, or redeem.
(d) Deferred Settlement:
(i) Where applicable, we may allow any or all fees receivable or payable under certain completed orders to be settled within a time limit (as determined by us at our sole discretion from time to time). We shall issue to you invoice(s) regarding the aggregated amount of fees payable relating to any services provided by Participating Provider(s) via the Platform to you during the relevant time period together with our commission and/or administrative fees (as applicable). You understand and agree to make full payment of the relevant fees no later than the specified payment due date as shown on our invoice(s). You further understand and agree that in the event of late or default settlement of invoice(s), we shall be entitled to: (i) charge you interest and recover from you all relevant costs incurred regarding any such late or default settlement of invoice(s); and (ii) terminate or suspend your relevant account.
(e) For the avoidance of doubt, if your specified non-cash payment channel becomes disrupted or otherwise becomes unavailable at the time of settlement, you understand and agree that you shall settle the then relevant completed order(s) immediately by way of cash to the Participating Provider(s).
We may from time to time offer promotions on the Platform. We reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such promotions without prior notice and at our absolute discretion. Your continued use of the Services with the latest promotions, whether or not reviewed by you, shall constitute your consent and acceptance to such promotions. You understand that our promotional offers are calculated and proposed by our technical devices and our qualified personnel referring to the competitive market prices, which are in accordance with the Relevant Laws. Our promotional offers are for the purpose of your and the Participating Provider’s better satisfaction only. For the avoidance of doubt, you agree that our promotional offers will not reflect or be construed in a way to suggest that we directly intervene, affect, arrange or otherwise control any transaction entered into by you and the Participating Providers through the Platform. If you do not agree with the promotional offers, please do not request a Service via the Platform with the promotional offers proposed by us being in force or you may discontinue your use of the Platform.
7. Links and Advertisements
The Platform may contain Advertisements and links to third party websites and payment channels. We shall not be responsible for the contents and accuracy of any Advertisement. Any links to third party websites and payment channels are provided solely for your convenience and not in any way as an endorsement by us of the contents on such third party websites and payment channels. If you access any linked third party websites, payment channel or Advertisement, you do so entirely at your own risk. We shall not be responsible for any transactions between you and any advertisers or third party websites and/or payment channel operators. You acknowledge and agree that we are not responsible, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with access to, use of reliance on any content available on or through any other site or resource.
By accepting these Terms and using the Platform and/or the Services, you agree that you shall defend, indemnify and hold us, our affiliates, our licensors, and each of our and their respective officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any Relevant Laws, whether or not referenced herein; (b) your violation of any rights of any third party, including the Participating Providers arranged via the Platform; or (c) your use or misuse of the Platform and/or the Services.
(a) The Platform is provided to you on an “as is” basis. We do not guarantee that the Platform is compatible with your computer or mobile device or that (the contents of) the Platform and our website are free of errors, defects, malware and viruses or that the Platform and our website are correct, up to date and accurate.
(b) We do not warrant and accept no liability in connection with the availability of the Services, the availability of transport and logistics services from the Participating Providers through the use of the Services, the accuracy of the information or data provided as part of the Services or the quality, suitability and timeliness of the services of the Participating Providers.
(c) Any quoted pick-up or journey times are best estimates only and we shall have no liability if a pick-up or journey time exceeds any estimate given or otherwise exceeds your expectations for whatever reason nor shall we have any other liability to you in connection with the time at which you and/or the goods to be transported by any Participating Provider reach or fail to reach the destination.
(d) Vehicles or mobile devices of Participating Providers registered with the Platform may be installed with GPS tracking device and/or other location tracking software or technology. Such vehicles or mobile devices are tracked using GPS or other location tracking technology to facilitate and improve route planning only. You acknowledge and accept that the location tracking feature is not error-free and the information provided by it may not be accurate. Your use of the location tracking feature is solely at your own risk and we accept no responsibility or liability in connection with any such use of and/or reliance on such location tracking information by you.
(e) It shall be your sole responsibility to ensure that your valuable, unusual or any other items are covered by appropriate insurance. In case of lost items inside the vehicles of Participating Providers during the journey, we will use reasonable endeavours to liaise with the relevant Participating Provider to locate such items. Unless otherwise agreed by us in writing, we shall not be responsible or liable for the loss of, or damage to, any such items.
(f) We do not warrant and accept no liability in connection with the goods transferred and/or delivered through the use of the Platform. Any claim arising from damage to such property must be handled by and between the Participating Provider and the relevant Customer unless otherwise agreed by us in writing.
(g) It shall be your sole responsibility to ensure that your use of the Platform and/or the Services is in compliance with the Relevant Laws. Any use of the Platform and/or the Services which is not in compliance with the Relevant Laws shall not be construed to be authorized, agreed, permitted, solicited or otherwise endorsed by us. We disclaim all liabilities arising from or relating to your use of the Platform and/or the Services which is not in compliance with the Relevant Laws.
(h) The use of the Platform and/or the Services is at your sole risk. To the fullest extent permitted by applicable law and unless otherwise agreed by us in writing, we shall not be liable for any damages resulting from or in connection with the use of or inability to use the Platform and/or the Services (including but not limited to any consequential, indirect or incidental damages or any loss of profit or damages to your computer or mobile device). Without prejudice to the foregoing and insofar as permitted under applicable law, our aggregate liability shall in no event exceed the Max Liability Amount or an amount recoverable by us pursuant to the insurance policies maintained by us (if any).
10. Modification of Terms and the Services
We may, at our sole discretion, from time to time amend or otherwise modify or replace any of these Terms, as it deems fit, or change, suspend or discontinue the Platform and/or the Services (including but not limited to the availability of any feature or content) by sending you notice through the Platform or by posting a notice on our Website, which shall be effective and binding on you upon notice or posting. We may also impose limits on certain features and services or restrict your access to part or all of the Services without notice or liability. You acknowledge and agree that it shall be your responsibility to review the Terms regularly and also the Terms applicable to any country where you use the Service which may differ from the country where you registered for the Platform (the “Alternate Country”) whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Services in the Alternate Country shall be subject to the Terms prevailing for the Alternate Country.
11. Personal data and privacy
(a) You may not assign or transfer any of your rights or obligations under these Terms to any person without our prior written approval. We may assign and transfer any of our rights and obligations under these Terms to any party and notify to you of such assignment or transfer. We warrant that your rights under these Terms shall be maintained by the assignee. You have the right to unilaterally terminate to use the Platform if you do not agree with the assignment. By continuing using the Platform, you will be considered to agree the assignment.
(b) We may give notice by means of a general notice on the Platform, or by electronic mail to your email address on our record or by written communication sent by regular mail to your address on our record.
(c) If any provision under these Terms is rendered void, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected by it and shall continue to apply.
(d) The original text of these Terms is in English. In the event of any inconsistency between the English text and any foreign language translation, the English text shall prevail.
13. Written agreement shall supersede these Terms
These Terms are generally applicable to your use of the Platform and/or the Services. However, in the circumstances where we have entered into a written agreement with you or otherwise agreed such terms with you in writing, then in the event of discrepancies, terms in such written agreement or otherwise agreed in writing shall prevail when seeking to resolve any such discrepancy.
14. Governing law
These Terms shall be governed by and construed in accordance with the laws of the Region.
A. JURISDICTION SPECIFIC VARIATIONS – HONG KONG
1. Dispute Resolution
In the event of any dispute or matter arising under these Terms, both you and we agree to submit to the exclusive jurisdiction of the courts of Hong Kong S.A.R.