General Terms of Use - Hong Kong

HKTaxi Trip Terms

General Terms of Use - Hong Kong

1. Contractual Relationship

These General Terms of Use (Terms) govern the access or use by you, an individual, from within any country in the world (excluding the United States and its territories and possessions and Mainland China) of applications, websites, content, products, and services (collectively, the Services as fully defined below) made available by Uber B.V., a private limited liability company established in the Netherlands, having its offices at Burgerweeshuispad 301, 1076 HR, Amsterdam, the Netherlands, registered at the Amsterdam Chamber of Commerce under number 56317441 (Uber).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Uber. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Uber may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion and terms relating to the Services fulfilled via any other technology platform, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Uber may amend the Terms related to the Services from time to time. Amendments will be effective upon Uber’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in Uber’s Privacy Notice located at https://www.uber.com/privacy/notice. Uber may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (as defined below) and such information or data is necessary to resolve the complaint, dispute or conflict.

2. The Services

The Services constitute access to a technology platform (and any related content) that is offered by Uber in a number of forms, including mobile and/or web based applications (Applications). Among other things, the Applications will: (i) facilitate your connection to independent third party providers, including independent third party drivers, independent third party delivery partners and restaurants (Third Party Providers) for the purchase of services or goods from such Third Party Providers, including, but not limited to, transportation, logistics and/or delivery services and/or any food, beverage, goods or other items (Items); and (ii) enable you to receive any related content or services, including payment processing and user support. For certain request options associated with the logistics services, as a part of the services offered by the Third Party Provider to you, such parties may order, purchase and/or pay for Items on your behalf from third parties (where applicable). Unless otherwise agreed by Uber in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

You acknowledge that:

(i) Uber does not provide transportation, delivery or logistics services or function as a transportation carrier and that all such transportation, delivery or logistics services are provided by Third Party Providers who are not employed by Uber or any of its affiliates;

(ii) to the fullest extent permitted by law, Uber shall not be liable for the actions or omissions of any Third Party Provider in regards to the provision and delivery of the Items and does not assume any liability for the condition, standard and quality of the Items provided by the Third Party Providers or guarantees the accuracy or completeness of the information (including the information, photos or images of the Items displayed on the platform). Photos and images may be displayed on the platform for illustration purposes and are for your reference only and shall not form or be construed as being part of any offer, contract, representation or warranty, expressly or impliedly;

(iii) Third Party Providers are solely responsible for obtaining all applicable approvals, authorizations, consents and permissions from the relevant parties, regulatory bodies and government authorities for the purposes of providing the relevant services and Items (where applicable); and

(iv) Any safety or other related effort, feature, process, policy, standard or other effort undertaken by Uber or its affiliates, in the interests of public safety or maintenance of the quality of the Services (whether required by the applicable regulations or not), is not an indicia of an employment relationship with a Third Party Provider.

License

Subject to your compliance with these Terms, Uber grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable free-of-charge license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Uber and Uber’s licensors.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Uber; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Provision of the Services

You acknowledge that portions of the Services may be made available under Uber’s various brands or request options associated with transportation or logistics, including but not limited to, the transportation request brands currently referred to as “Uber”, “UberX”, “UberXL”, “UberBLACK”, “Uber Assist”, “Uber Taxi”, “Uber Pets”, “Uber Comfort” and the logistics request brands currently referred to as “UberEATS”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Uber’s subsidiaries and affiliates; and/or (ii) Third Party Providers, including restaurants, delivery partners, transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.

Third Party Services and Content

The Services may be made available or accessed in connection with third party services and content (including advertising) that Uber does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Uber does not endorse such third party services and content and in no event shall Uber be responsible or liable for any products or services of such Third Party Providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership

The Services and all rights therein are and shall remain Uber’s property or the property of Uber’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Uber’s company names, logos, product and service names, trademarks or services marks or those of Uber’s licensors.

3. Your Use of the Services

User Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (Account). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Uber certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or alternative accepted payment method). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Uber’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Uber in writing, you may only possess one Account.

User Requirements and Conduct

You agree to abide by Uber’s Community Guidelines. If you fail to or are likely to fail to comply with the Community Guidelines or these Terms, or Uber reasonably suspects the foregoing, you may temporarily or permanently lose access to the Services.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. If you request a ride option where a driver agrees to provide you with assistance outside of the vehicle (e.g., Uber Assist), you acknowledge and agree that neither Uber nor the Third Party Provider is responsible for any injury or incident that may arise out of the assistance provided by the Third Party Provider. In certain instances you may be asked to provide proof of age, identity or other methods of identity verification to access or use the Services and/or the purchase of certain Items via the platform. You agree that you may be denied access to or use of the Services and/or the Items if you refuse to provide the requisite proof of age, identity or other methods of identity verification.

Subject to the discretion of a Third Party Provider, you may be allowed to bring a small animal, such as a dog or cat, on a ride requested through the platform. For such trips, you are responsible for properly securing the animal with a leash, harness, crate / carrier, or through other means. You are also responsible for ensuring that the animal does not cause damage or a mess in the Third Party Provider’s vehicle. You may be subject to a Charge for Repair or Cleaning under this agreement for any damage or mess caused by an animal that is transported during a ride requested under your Account.

Messaging

By creating an Account, you agree that the Services may send you text (SMS) messages, push notifications and/or emails as part of the normal business operation of your use of the Services.

By creating an Account, you agree that Uber, Uber Technologies, Inc and their respective subsidiaries, representatives, affiliates, officers and directors, may contact you by telephone, text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) or email at any of the phone numbers or email addresses provided by you or on your behalf in connection with an Uber account, including for promotional purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You may opt out of receiving promotional emails from Uber here. You may also opt out of receiving emails and other messages from Uber by following the unsubscribe instructions in those messages. Even if you have opted out of receiving such promotional messages, Uber may send you non-promotional communications, such as receipts for rides or information about your account, and for purposes described in its Privacy Notice, located at https://www.uber.com/privacy/notice.

You agree that Uber may contact you using any of the phone numbers you provided in connection with an Uber account (including via text or voice-recorded message) or your email address in the case of suspected fraud or unlawful activity or for safety purposes.

Promotional Codes

Uber and/or its affiliates may, in Uber’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Uber and/or its affiliates establishes on a per promotional code basis (Promo Codes). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Uber and/or its affiliates; (iii) may be disabled by Uber and/or its affiliates at any time for any reason without liability to Uber and/or its affiliates; (iv) may only be used pursuant to the specific terms that Uber and/or its affiliates establishes for such Promo Code; (v) are not valid or redeemable for cash; and (vi) may expire prior to your use. Uber and/or its affiliates reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Uber and/or its affiliates determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms, these Terms and/or the applicable Community Guidelines.

User Provided Content

Uber may, in Uber’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Uber through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (User Content). Any User Content provided by you remains your property. However, by providing User Content to Uber, you grant Uber a worldwide, perpetual, irrevocable, transferrable, free-of-charge license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Uber’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Uber the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Uber’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Uber in its sole discretion, whether or not such material may be protected by law. Uber may, but shall not be obligated to, review, monitor, or remove User Content, at Uber’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Uber does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Charges and Payment

Charges

You understand that use of the Services may result in charges to you, for the services and/or goods you receive, from a Third Party Provider (Transportation Charges) and a booking fee from Uber (collectively, Charges). After you have received services and/or goods obtained through your use of the Service, Uber will facilitate your payment of the applicable Transportation Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Transportation Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Uber. You retain the right to request lower Transportation Charges from a Third Party Provider for services and/or goods received by you from such Third Party Provider at the time you receive such services and/or goods. Uber will respond accordingly to any request from a Third Party Provider to modify the Transportation Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated by Uber using the preferred payment method designated in your Account, after which Uber will send you a receipt on behalf of the Third Party Provider and for itself by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Uber may, for itself and/or as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. In some cases, you may choose to settle the Charges in cash directly with the Third Party Provider, in which case you agree to settle the Charges (absent gratuity) in full based on the amount specified in the Application. You can select such cash payment option (if available) on the Application.

As between you and Uber, Uber reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time, on behalf of the Third Party Provider or for itself. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Uber will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Uber or the Third Party Provider may from time to time provide certain users with promotional offers that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee by the Third Party Provider. If the Third Party Provider has waited for you at the pickup location for several minutes and thereafter cancels the trip, you may be charged a fee by the Third Party Provider.

This payment structure is intended to fully compensate the Third Party Provider and Uber for the services or goods provided to you. Uber does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Uber (on Uber’s website, in the Application, or in Uber’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services and/or goods provided is not intended to suggest that Uber provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you may have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

Repair or Cleaning Fees

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (Repair or Cleaning). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Uber in Uber’s reasonable discretion, Uber reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Uber to the applicable Third Party Provider and are non-refundable.

Additionally, if you fail to comply with these Terms you may be responsible for Charges, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Terms.

5. Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” UBER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, UBER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. UBER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

UBER DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD PARTY PROVIDERS. THIRD PARTY PROVIDERS ARE NOT EMPLOYEES OF UBER. UBER SHALL NOT BE RESPONSIBLE FOR ANY ACT OR OMISSION BY ANY THIRD PARTY PROVIDERS.

UBER DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. UBER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

UBER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. UBER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

UBER’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT UBER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify and hold Uber and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Uber’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

6. Governing Law; Arbitration

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of The Netherlands, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any Dispute) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (ICC Mediation Rules). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC Arbitration Rules). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Amsterdam, The Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. The language of the mediation and/or arbitration shall be English, unless you do not spe­ak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

7. Other Provisions

Claims of Copyright Infringement

Claims of copyright infringement should be sent to Uber’s designated agent. Please visit Uber’s web page at www.uber.com/legal for the designated address and additional information.

Notice

Uber may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Uber by written communication to Uber's address at Burgerweeshuispad 301, 1076 HR, Amsterdam, The Netherlands.

Restricted Items

Where applicable, some of the Items offered by restaurants via the platform (such as alcoholic products, to the extent they are made available by restaurants) in the Territory may be subject to restrictions for purpose depending on the applicable laws of the Territory (Restricted Items). These restrictions may include minimum age requirements. By placing an order for any Restricted Items, you: (i) confirm that you are of the statutory legal age for the purchase of such Restricted Items and (ii) the delivery partner may refuse to deliver the Restricted Items to any person who is or appears to be under the influence of alcohol or drugs, or if they cannot provide any reasonable and valid proof of age as required by any prevailing laws and regulations of the Territory.

General

You may not assign or transfer these Terms in whole or in part without Uber’s prior written approval. You give your approval to Uber for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Uber or any Third Party Provider as a result of the contract between you and Uber or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

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HKTaxi Trip Terms

Contractual Relationship

These terms (HKTaxi Trip Terms) apply to trips booked through the Applications and fulfilled by a Third Party Provider via the applications, products and services of HKTaxi App Limited, a private limited liability company established in the Hong Kong, having its offices at Room 502, 5/F, Yee Kuk Industrial Centre, 555 Yee Kuk Street, Cheung Sha Wan (HKTaxi). Such a trip as described in the foregoing sentence is a HKTaxi Trip, and the Third Party Provider fulfilling such a HKTaxi Trip is a HKTaxi Driver Partner. HKTaxi Trips may not be available to you at the initial launch or testing stage.

These HKTaxi Trip Terms are supplemental terms to the General Terms of Use (which can be found here) (Terms) in respect of HKTaxi Trips only. The Terms, as supplemented and amended by these HKTaxi Trip Terms, shall govern your use and access of Services provided in connection with HKTaxi Trips. Capitalised terms not defined in these HKTaxi Trip Terms have the meaning given to them in the Terms.

In addition to Uber’s Community Guidelines (which can be found here), you also agree to abide by the HKTaxi Community Guidelines (which can be found here) in connection with all HKTaxi Trips. If you fail to or are likely to fail to comply with Uber’s Community Guidelines, HKTaxi Community Guidelines or the Terms as supplemented by these HKTaxi Trip Terms, or Uber reasonably suspects the foregoing, you may temporarily or permanently lose access to all or part of the Services.

The Data Sharing Policy, which describes the sharing of personal data between Uber and HKTaxi applicable to HKTaxi Trips, is provided here.

In the event of any conflict or discrepancy between the English and Chinese versions of these HKTaxi Trip Terms, the English version shall prevail.

By requesting, accessing or taking a HKTaxi Trip via the Applications, you confirm your agreement to be bound by the Terms, as supplemented by these HKTaxi Trip Terms. If you do not agree to the foregoing, you may not request, access or take a HKTaxi Trip.

Services

With respect to HKTaxi Trips, you acknowledge that:

(i) neither Uber nor HKTaxi provide transportation services or function as a transportation carrier and that all such transportation services are provided by Third Party Providers who are not employed by Uber, HKTaxi or any of their respective affiliates;

(ii) to the fullest extent permitted by law, neither Uber nor HKTaxi shall be liable for the actions or omissions of any Third Party Provider in regard to the provision of transportation services and does not assume any liability for the standard and quality of the services provided by the Third Party Providers;

(iii) Third Party Providers are solely responsible for obtaining all applicable approvals, authorizations, consents and permissions from the relevant parties, regulatory bodies and government authorities for the purposes of providing the relevant services; and

(iv) Any safety or other related effort, feature, process, policy, standard or other effort undertaken by Uber, HKTaxi or any of their respective affiliates, in the interests of public safety or maintenance of the quality of the Services (whether required by the applicable regulations or not), is not an indicia of an employment relationship with a Third Party Provider.

Applicable Fare

Solely with respect to the Services for the HKTaxi Trips, the paragraphs under the heading “Charges” in Section 4 (Charges and Payment) of the Terms shall be deleted and replaced in its entirety with the following:

“You understand that use of the Services for HKTaxi Trips may result in charges (including any tolls and surcharges) to you, for the services you receive, from a Third Party Provider as may be charged under the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) (Transportation Charges) and, if applicable, any Fees (as defined below) from Uber (collectively, Charges).

The Third Party Provider is solely responsible for the accuracy of the Transportation Charges. The Transportation Charges, as permitted under the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) which may be amended from time to time, can be found on the website of the Transport Department. You acknowledge that the Third Party Provider is responsible for the calculation of the Transportation Charges in accordance with the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) notwithstanding any fare estimate provided in the Applications, if available. For HKTaxi Trips, the estimated fare, if available, is provided by HKTaxi. Uber is not responsible for the accuracy of such estimated fare for HKTaxi Trips.

After you have received services obtained through your use of the Service, Uber will facilitate your payment of the applicable Transportation Charges to the Third Party Provider as limited payment collection agent for HKTaxi, acting on behalf of the Third Party Providers. Payment of the Transportation Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Uber. You retain the right to request lower Transportation Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. Uber will respond accordingly to any request from a Third Party Provider to modify the Transportation Charges for a particular service.

All Charges are due immediately and payment will be facilitated by Uber using the preferred payment method designated in your Account, after which Uber will send you a receipt on behalf of the Third Party Provider by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Uber may, as limited payment collection agent for HKTaxi, acting on behalf of the Third Party Providers, use a secondary payment method in your Account, if available. If such an option is made available to you, you may choose to settle the Charges in cash directly with the Third Party Provider, in which case you agree to settle the Charges (absent gratuity) in full based on the amount specified in the Application. You may be able to select such cash payment option (if available) on the Application.

As between you and Uber, Uber reserves the right to establish, remove and/or revise a booking fee or any other fees (Fees) for itself or its affiliates, at any time. Further, you acknowledge and agree that such Fees applicable in certain geographical areas may increase substantially during times of high demand. Uber will use reasonable efforts to inform you of any Fees that may apply, provided that you will be responsible for all Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

Uber or the Third Party Provider may from time to time provide certain users with promotional offers that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Third Party Provider and the Third Party Provider may cancel its acceptance of your request at any time prior to the start of the trip.

The receipt issued by the Third Party Provider (Receipt) shall be the legal receipt of the trip for the purpose of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D). You have the right to demand the Third Party Provider for a Receipt in respect of your trip and Uber shall not be responsible for the accuracy of the Receipt.

This payment structure is intended to fully compensate the Third Party Provider for the services provided to you. Uber does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Uber (on Uber’s website, in the Application, or in Uber’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services and/or goods provided is not intended to suggest that Uber provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. ”

Contact by HKTaxi and HKTaxi Driver Partners

By requesting, accessing or taking a HKTaxi Trip via the Applications, you agree that HKTaxi and its affiliates, representatives, employees, officers and directors and the relevant HKTaxi Driver Partner, may contact you in connection with such a HKTaxi Trip via contact information shared with them by Uber in accordance with the Data Sharing Policy (you can find it here).

Promotional Codes

You agree that Promo Codes are not available for HKTaxi Trips, unless otherwise specified by Uber.

DISCLAIMER

THE SERVICES IN CONNECTION WITH HKTAXI TRIPS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” UBER, FOR ITSELF AND ON BEHALF OF HKTAXI, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, IN CONNECTION WITH HKTAXI TRIPS, NEITHER UBER NOR HKTAXI MAKES ANY REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER UBER NOR HKTAXI GUARANTEES THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES FOR HKTAXI TRIPS, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

NEITHER UBER NOR HKTAXI CONTROLS, MANAGES OR DIRECTS ANY THIRD PARTY PROVIDERS. THIRD PARTY PROVIDERS ARE NOT EMPLOYEES OF UBER OR HKTAXI. UBER AND HKTAXI SHALL NOT BE RESPONSIBLE FOR ANY ACT OR OMISSION BY ANY THIRD PARTY PROVIDERS.

NEITHER UBER NOR HKTAXI CONTROLS, ENDORSES OR TAKES RESPONSIBILITY FOR ANY USER CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES IN CONNECTION WITH HKTAXI TRIPS. UBER AND HKTAXI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

NEITHER UBER NOR HKTAXI SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES FOR HKTAXI TRIPS, EVEN IF UBER AND/OR HKTAXI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER UBER NOR HKTAXI SHALL BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF UBER AND/OR HKTAXI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER’S REASONABLE CONTROL. UBER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. HKTAXI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HKTAXI’s REASONABLE CONTROL. HKTAXI’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

UBER’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION WITH THIRD PARTY PROVIDERS FOR HKTAXI TRIPS, BUT YOU AGREE THAT UBER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THE TERMS, AS SUPPLEMENTED BY THESE HKTAXI TRIP TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity

In connection with HKTaxi Trips, you agree to indemnify and hold Uber, HKTaxi, their respective affiliates, and the respective officers, directors, employees and agents of the foregoing (collectively, the Indemnitees) harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services for any HKTaxi Trip; (ii) your breach or violation of any of the Terms, as supplemented by these HKTaxi Trip Terms; (iii) Uber’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

Third Party Beneficiaries

With respect to HKTaxi Trips, HKTaxi, its affiliates, their officers, directors, employees and agents, and any Indemnitee that is not a party hereto shall be third party beneficiaries of the Terms, as supplemented by these HKTaxi Trip Terms, and shall be entitled to enforce the terms and protect its rights hereunder.