Terms of Use

 

These terms and conditions constitute a binding legal agreement (“this Agreement”) and expressly supersede any prior agreements or arrangements we have with you. Please read through this Agreement before using this website/application and the related links contained herein (collectively, the “Platform”).

 

By accessing, using, viewing, transmitting, caching, storing and/or otherwise utilizing the Platform, and/or the services or functions offered in or by the Platform and/or contents of the Platform in any way, you have agreed to each and all of the terms and conditions set forth in this Agreement below, and waive any right to claim ambiguity or error in this Agreement. If you do not understand, accept or agree to terms and conditions in this Agreement, please do not use the Platform or any services or functions offered therein or download any information or materials from the Platform.

 

1        Use of Platform

 

1.1       The Platform makes available information and services that are managed and/or provided by Inspirit Studio Limited (“Inspirit”) and/or its subsidiaries and affiliates (collectively, “we”, “us” or the “Group”) or by third parties. This Agreement governs your use of the Platform.

 

1.2       You are only authorized to use the Platform to access, get information about, subscribe for and use the services provided by the Group and other related purposes and in the manner specified in this Agreement.   

 

1.3       You may not use the Platform in any manner that could damage, disable, overburden, or impair any of our services, or networks, or interfere with any other party’s use and enjoyment of the Platform. Except as expressly authorized by and subject to the terms and conditions of this Agreement, you may not attempt to gain unauthorized access to the Platform, other accounts, computer systems or networks connected to any server in relation to the Platform, through hacking, password mining or any other means.

 

1.4       You shall not interfere with and disrupt the Platform or the Service, or any servers or networks connected to the Platform or use by us for providing or in relation to the Service, or any policies, requirements or regulations of networks connected to the Platform. 

 

2        Use of Services

 

2.1       There are two types of Accounts on the Platform, namely, “Sender” and “Courier”. You become a Sender or Courier of the Platform by establishing an account (“Account”) through the Platform in accordance with the rules and regulations herein and other related documents referred herein or otherwise adopted by us. Unless otherwise specified by us from time to time, we will provide referral or other services for or in relation to transportation, logistics and/or otherwise through the Platform online, offline or otherwise (the “Service”) which, inter alia, introduce prospective “Sender” and “Courier” (both as specified or defined below) to each other for the Courier to provide courier, goods transportation and related service to the Sender. 

 

2.2       When you register an Account through the Platform, depending on the type of the Account, you are required to provide the following information:-

 

Sender Account

 

1.        Title and full name

2.        Preferred customized login name and password (subject to availability and to be validated by Inspirit)

3.        Mobile number

4.        Date of birth

5.        Email Address

6.        Any other information as we may from time to time consider necessary

 

Courier Account

 

1.        Title and full name

2.        Preferred customized login name and password (subject to availability and to be validated by Inspirit)

3.        Mobile number

4.        Date of birth

5.        Email address

6.        Proof of identity (acceptable categories include student card, staff card, residential card, Hong Kong Identity Card, driving licence)

7.        Frequently adopted route of logistics and transportation

8.        Any other information as we may from time to time consider necessary

 

Failing to duly provide the above information in an accurate and complete manner and update them where necessary may affect your eligibility for the Service, or may lead to the termination of the Service provided to you without prior notice or liability to you. You will be held liable for any losses caused by such inaccurate or incomplete information to Inspirit and or any third party in the course of provision of the Service or otherwise.

 

2.3       The request and use of the Service is subject to the terms and conditions herein.

 

2.4       As a Sender, when you want to send a request for services of transportation and logistics over the Platform, you are required provide the following mandatory information (or otherwise where the provision of voluntary information is not obligatory):-

 

Information to be provided on a mandatory basis:

1.        Mobile number for contacting yourself

2.        Title and Mobile number for contacting the designated receiver

3.        Parcel size

4.        Parcel quantity

5.        Parcel weight

6.        Pickup location

7.        Delivery address

8.        Any other information as we may from time to time consider necessary

 

Information to be provided on a voluntary basis:

 

1.        Information of personal Facebook account shown on the public session

2.        Photo of the goods to be delivered

3.        Description of the goods

4.        Email address other than the one given for the registered Account

 

Failing to duly provide the above information in an accurate and complete manner and update them where necessary may affect your eligibility for the Service, or may lead to the termination of the Service provided to you without prior notice or liability to you. You will be held liable for any losses caused by such inaccurate or incomplete information to Inspirit and the Courier in the course of provision of the Service or otherwise.    

 

2.5       As a Sender, if your request for services of transportation and logistics is accepted by a Courier, we will generally send you a notification through the Platform or by any other means we consider appropriate and provide you with the necessary information for you to access the Service, which may include the date, time and place of meeting, location of the Courier and other information that may be necessary for identifying the Courier who is desirous to provide Service to you.  

 

2.6       If you are a Courier, you may access the referral services of transportation and logistics through the Platform subject to the terms and conditions herein. You will generally have the discretion to decide whether to accept or ignore the request for services of transportation and logistics by a Sender that we refer to you. And if you do accept such a request, we will send your information to the corresponding Sender for identification. After the acceptance of such a request, you are legally obliged to provide the service to the corresponding Sender according to the terms and conditions in this Agreement and other related documents referred herein or otherwise adopted by us.

 

2.7       The Sender and Courier are required to observe the rules and regulations as Inspirit prescribes from time to time when using the Service and in the course of provision of service to the Sender by the Courier, including but not limited to following the signing and/or other authentication procedures prescribed by Inspirit, for registering the Account, taking over the goods by the Courier from the Sender at the pick-up location and/or otherwise. The Sender is also responsible to procure the recipient of the goods to observe the same. Failing to comply with this Clause may affect your eligibility for the Service, or may lead to the termination of the Service provided to you without prior notice or liability to you. You will be held liable for any losses caused by such non-compliance to Inspirit and any affected parties in the course of provision of service or otherwise.

 

2.8       If you are a Courier, you are not allowed to subcontract the service to be provided according to the request accepted by you to any third parties or otherwise allow any third party to provide the service or any part thereof on your behalf. Your eligibility for using the Service will be affected and you will be held liable for any direct and indirect losses to Inspirit and the Sender if you are in breach of this provision.  

 

2.9       When using the Platform for obtaining pricing information and using the various functions and services on the Platform, whether logged in to our Platform or not, we may require you (including both the Sender and Courier) to turn on the GPS function on your device to enable us to retrieve your location information. You are required to keep your device well connected to internet to ensure the accuracy of such information. Failure to comply with this Clause may impact or render your use of the Platform or the Service impossible. 

 

2.10    The location information as well as other information that are essential for identifying and ascertaining the identity of the Courier will be disclosed through the Platform to the Sender during the course of provision of service by the Courier, to the necessary extent to facilitate the delivery and completion of service.  

 

2.11    We reserve the right to reject your registration on, access to or use of the Platform and/or the Service at any time if we are in opinion that this is appropriate to do so without prior notice or giving any reasons or notices.  

 

2.12    The time and place of meeting for picking up goods shall be mutually agreed by the Sender and Courier concerned. Whether as a Sender or Courier, if you fail to turn up at the agreed time and place of meeting, we reserve the right to terminate your use or access of the Service concerned without any liability for reimbursement to you.

 

2.13    You hereby warrant that you have all the necessary permissions, licences and authorizations so that you can legally use the Platform and the Service, and (in particular if you are a Courier) legally provide the courier, goods transportation and related service to the Sender pursuant to the terms and conditions herein. You agree to keep us fully indemnified for any breach of this Clause.

 

2.14    The Sender and Courier hereby agreed to be fully bound by a separate agreement between the Sender and the Courier once the Courier accept the request for transportation and logistics services from the Sender.

 

3        Cancellation

 

3.1       Unless otherwise expressly agreed between the Sender or the Courier, the Sender or the Courier at any time cancel any request through the Service (whether before or after the service is accepted or confirmed by Courier).

 

3.2       In the event of cancellation or termination of service, irrespective of the reasons thereof:-

 

(a)            we reserve the right to charge the Sender or the Courier who request or cause the cancellation or termination or otherwise in default cancellation fees in such manner (including the amount and method of charging the users) to be reasonably determined and revised from time to time by Inspirit. The users will be notified of the above through separate guidelines provided by Inspirit or otherwise; and

 

(b)       the Courier is obliged to return the goods to the Sender at the pick-up location within a reasonable period of time, unless otherwise agreed between the Sender and the Courier. Where the cancellation or termination is due to the request of the Sender, or where it is due to the Sender’s fault, the Sender will be held fully liable for any extra costs incurred to the Courier directly due to the cancellation, including but not limited to the fees associated with the handling of the goods and the aforesaid cancellation fees.

 

3.3       In the event of cancellation of Service which is initiated by the Courier or where it is due to the fault of the Courier, if the Courier cannot return the goods and payment to the Sender in the manner stipulated in Clause 3.2, we may (but is not obliged to) take steps to assist the Sender in obtaining the goods and refund from the Sender while reserving the right to recover from the Courier any costs incurred by us and charge a reasonable handling fees in an amount to be determined by us.

 

Without prejudice to the foregoing, the Service is also subject to separate cancellation policies from time to time adopted by us governing the cancellation or termination of service between the Sender and Courier. We will notify you of any of separate cancellation policies from time to time adopted by us and any change thereto through the Platform or in other manner as we consider appropriate. The separate cancellation policies will for all purposes be deemed upon the issuance of the aforesaid notification to be binding on you as if it has fully and verbatim incorporated in this Agreement.

 

4        Payment

 

4.1       Use of the Platform is generally free of charge if you are only using it for browsing and obtaining information.

 

4.2       When there are fees (“Service Fee”) chargeable in relation to the use of the Service, whether as a Sender or Courier, you agree to duly settle the payment in accordance with the terms and conditions herein, the Service and/or the additional instruction given by Inspirit from time to time, failing which would entitle Inspirit to terminate or suspend your use of the Service provided by us without liability while reserving the right to take any legal actions against you.  

 

4.3       When the request through the Service by a Sender is accepted by a Courier, the Sender may generally have the option to settle the payment by cash when he/she meets up with the Courier for picking up the goods to be delivered, or instruct and procure the designated receiver to duly settle the payment upon receiving the goods.

 

4.4       Service Fees shall be inclusive of all taxes required by law.

 

4.5       We are entitled to revise the Service Fees, the pricing policy and information, discounts, promotion offers and payment terms on the Platform from time to time without prior notice. Such revision shall be immediately effective upon our notification or announcement of the same or otherwise. You shall be deemed to have accepted the revision, if you continue to use the Service thereafter. In particular, we reserve the right to charge the Courier referral and other Service related fees when he/she uses the Service.

 

5        Disclaimers

 

5.1       Our General Disclaimer as from time to time adopted by us and notified you through the Platform or in other manner as we consider appropriate are deemed for all purposes to have fully incorporated in this Agreement as if they are verbatim copied and included herein.

 

5.2       We only act as an intermediary between the Sender and the Courier. For the avoidance of doubts, we do not enter act as an agent between the Sender and the Courier, nor are we acting in the capacity of transport carrier to provide transportation or related services. We are also not a party to any agreement between the Sender and Courier. If the Sender has any complaints or claims in relation to the services provided by the Courier, they should be directed against the Courier directly. We shall in no event be involved in any disputes between the Sender and the Courier.

 

5.3       We do not guarantee that the Platform (including any application) is compatible with your mobile or other devices and it is your responsibility to check for any compatibility issues before installing it onto your devices. We also do not guarantee that the Platform, or setting thereof, are free of errors, defects, malware and viruses or that, while we use our best endeavors to ensure such, their contents are up to date and accurate.

 

5.4       We do not guarantee that the quotations and estimated time of transportation that we provide to you through the Platform or otherwise are accurate, correct or complete and we shall not be held liable for any losses in relation to the manner, such as any delay or physical damages, your goods are transported to the designated place. We also make NO guarantees whatsoever about the Platform or Service, or their availability or that any Sender’s request for service will be accepted by a suitable Courier in a timely manner.

 

5.5       It shall be your sole responsibility to maintain sufficient and adequate insurance coverage for any items involved in the transportation and logistics services and we shall not be held liable for any losses or damages of such items.  

 

6        Licence to Use the Application

 

6.1       When you download our application from a source designated by us (the “Licensed Application”), we grant you a limited non-exclusive, non-transferrable licence to download and install one copy of the application on your mobile device and the application shall be use for the sole purpose of accessing the Platform or the Service subject to the terms and conditions herein.

 

6.2       In relation to the use of the Licensed Application, you undertake not to do the followings:-

 

a) modify, adapt, translate, decompile, disassemble or reverse engineer the Licensed Software or any part thereof in any form whatsoever, or otherwise attempt to derive source code or create derivative works therefrom, and shall not authorise or allow any third party to do any of the above;

 

b) use the Licensed Application on behalf of any third party;

 

c) license, sell, offer or expose for sale, lease, loan, transfer, rent, charge, or otherwise encumber, give away or otherwise disseminate the Licensed Application, in whole or in part;

 

d) integrate the Licensed Application into products or computer software programs of third parties; or

 

e) exceed the number of licenses granted hereunder by creating more than the number of installations, or users of the Licensed Application licensed or issuing more than the number of certificates purchased.

 

Notwithstanding anything herein to the contrary, we are entitled to request you to uninstall and cease to use the application immediately if we are in the opinion that you have breached any terms and conditions herein or otherwise and you are obliged to immediately comply with our request upon receiving the notification from us.

 

7        Account Management

 

7.1       You are solely responsible for maintaining the confidentiality and security of your Account and you agree to immediately notify us of any compromise or security breach of your Account. We shall in no event be held responsible for any losses arising out of the unauthorized use of your Account and you shall keep us fully indemnified for any unauthorized thereof.

 

7.2       You agree to provide the required, accurate and complete information when you register with, and as you use, the Service, and you agree to update us of your registered information to keep them accurate and complete at all time. You further agree that we may store and use your registration information to maintain your Account. You may not create an account for anyone other than yourself except with that person’s permission. Unless otherwise permitted by Inspirit, every individual is allowed to possess one Account only.

 

7.3       You agree to take all reasonable steps to comply with Inspirit’s regulations and measures in verifying the accuracy and truthfulness of the data provided by you.

 

8        Text Messaging

 

8.1       By creating an Account, you agree that we may send you text messages in any manner or through any applications (SMS or otherwise) as part of the normal course of providing the Service. You may opt out of receiving text messages from Inspirit at any time by texting 97287253 from the mobile device receiving the messages. You acknowledge that opting out of receiving text message may impact or render your use of the Platform or the Service impossible. 

 

9        No Warranty

 

9.1       Whilst reasonable care has been taken in preparing the information and materials contained on the Platform or the Service, such information and materials are provided "as is" without warranty of any kind, either express or implied, and are subject to change without prior notice.

 

9.2       While we may at our absolute discretion take reasonable steps to verify the data provided by the Courier and Sender, we accept no responsible or liability to the fullest extent permitted by law for any loss or damage of any nature whatsoever and howsoever arising out of and in connection with the inaccuracy and incompleteness of such data and any misrepresentation thereby arise.

 

9.3       We may from time to time make available to you the opportunities to purchase services or products from third party through the Platform. Where links to third party websites and applications are provided, it would be your sole responsibility to read the terms and conditions therein and we shall not make any representation or warranty concerning or take any responsibility for the information and contents contained in those websites and applications. If you feel dissatisfied and/or suffer any losses or damages in relation to the use of those goods and services provided by third party, you shall only take action against and/or sought remedy from the third party provider but not any of us.   

 

9.4       No warranty regarding non-infringement, security, accuracy, completeness, merchantability, fitness for any purpose or freedom from computer viruses is given in connection with the information and materials contained in the Platform or the Service.

 

9.5       We do not warrant that the Platform, the Service or any information or provided items contained in or services provided through the Platform will be continuously available, uninterrupted or error-free, that defects will be corrected, or that the Platform, the information or provided items or the servers that make or serve the Platform or the Service are free of viruses or other harmful components or are accurate or complete. We do not warrant and have not made any representations regarding the use or the results of use of the information or provided items or otherwise whatsoever.

 

9.6       To the fullest extent permitted by the applicable law, we accept no liability for any loss or damage of any nature whatsoever and howsoever arising out of and in connection with your access, viewing, use, or the performance of, the Platform or the Service due to inaccuracy, error, omission or any other cause whatsoever.

 

9.7       In the event of any loss or damages arising out of and in relation to the Platform, the Service or the information or provided items in or provided through the Platform or the Service, our liability in respect of such loss or damages to you in aggregate shall not exceed HKD500 per incident and our foregoing aggregate liability to you is capped at HKD1000 within any period of 12 consecutive months, regardless of the form and theoretical basis of legal claim or action. We shall also not be held liable for any indirect, consequential, special, punitive, exemplary or reliance damages arising out of or in connection with this Agreement, or any damages arising out of any interruption or disruption in communications or services, unavailability of services, technical malfunction, lost data and lost profits.

 

Without prejudice to the foregoing, the Service is also subject to separate compensation policies from time to time adopted by us governing Inspirit’s liability. We will notify you of any of separate compensation policies from time to time adopted by us and any change thereto through the Platform or in other manner as we consider appropriate. The separate compensation policies will for all purposes be deemed upon the issuance of the aforesaid notification to be binding on you as if it has fully and verbatim incorporated in this Agreement.

 

9.8       You hereby waive any and all rights to bring any claim or action related to any matters arisen out of, in connection with or incidental to this Agreement beyond ONE (1) MONTH after the first occurrence of the matters, irrespectively of kind of act, event, condition or omission of which the matters comprise or upon which the claim or action is based.

 

10     Termination

 

10.1    If you fail, or we reasonably suspects that you have failed, to comply with any of the provisions of this Agreement or other related agreements, we may immediately or any time thereafter, at its sole and absolute discretion, and without notice to you, terminate this Agreement and your Account and/or preclude your access to the Platform and/or the Service provided by us.

 

11     For Information Only

 

11.1    Unless otherwise specified herein or in the specifications of the Platform or the Service, the Platform, the Service and all the information and materials on or accessible through the Platform or the Service are provided by us on as-is basis and for information purposes only, and we do not warrant any of such information or materials or true, correct, accurate or complete.            You should make your own inquiries and verification, and consult your own attorney or other appropriate professional for advice concerning the terms and conditions of this Agreement before relying on any of them. In no way that we are, by provision of these services or materials, considered as engaged in the rendering of legal or other professional advice or services to you.

 

12     Intellectual Property

 

12.1    All materials and information contained in the Platform or the Service are our proprietary property and owned by us and/or third party licensors. No materials from the Platform may be copied, reproduced, uploaded, posted, transmitted or distributed in any way. In particular, the use or reproduction of any such material or information on any other website, internet, intranet, or computer environment is strictly prohibited.

 

12.2    Your use of the Platform and the Service does not grant you any proprietary or other right in relation to our intellectual property or any proprietary information of us or other related third parties except otherwise explicitly provided by us in writing. You acknowledge and agree that all title, interest, ownership rights and intellectual property rights of whatever nature including, without limitation, all copyright, confidential information, patents, design rights, trademarks, and database rights in and to the Platform or the Service are and shall remain our sole and exclusive property. You acquire no title, right or interest in the Platform or the Service other than the licenses specifically granted herein by us (if any). We will retain all rights in and to any copy, translation, modification, enhancement, improvement, development, adaptation or derivative works of the Platform or the Service and any work developed under this Agreement.

 

12.3    All intellectual property rights in relation to the Platform or the Service and the contents herein and therein, of any nature whatsoever, subsisting wherever in the world, and whether registered or unregistered, are proprietary to us. You may not use or frame by means of any techniques or method to disclose any of our Intellectual Property or other proprietary information (including images, text, page layout, or form for any purpose) without our prior express consent in writing.

 

13     Limitation of Liability

 

13.1    Subject to reasonable notice to the other party, neither party to this agreement shall in any circumstances be liable to the other for any delay or non-performance of its obligations under this Agreement to the extent that such non-performance is due to a force majeure event. A party cannot claim relief if the force majeure event is attributable to that party's willful act, neglect or failure to take reasonable precautions against the relevant force majeure Event.

 

14     Confidentiality

 

14.1    All contents of, or information in or accessible through, the Platform or the Service shall be held by you in strict confidence and shall, unless required by law, otherwise expressly authorized herein or with our express written consent, never be reproduced, revealed, or made accessible in whole or in part, in any manner whatsoever, to any other persons.

 

15     Responsibility for Third Parties Actions

 

15.1    Unless authorized herein or otherwise by us in writing, you shall not allow or authorize any third parties to access or use the Platform or the Service through your Account(s) or on your behalf.  In any event, you shall be solely and fully responsible for any access or use by any third parties (authorized by you or otherwise) to and of the Platform or the Service through your Account(s) or purportedly on your behalf.  

 

16     Use of Trademark and Logo

 

16.1    Except with our prior written consent, you shall not use any of our trademarks, logos and/or company names for any purposes including but not limited to marketing and publicity campaign.

 

17     Representation of Good Standing

 

17.1    By entering into this Agreement, you covenant and warrant to the us that:

(a)    you are duly authorised and empowered (if applicable) to enter into this Agreement;

(b)   you bind yourself to the terms of this Agreement; and

(c)    you have obtained all necessary approvals, consents and authorisations (if any) to enter into and perform its obligations under this Agreement.

 

18     Independence of Parties

 

18.1    Neither party shall be a partner, agent, representative or joint venture of the other party. Save as expressly provided herein, neither party has the authority to assume or create any obligation for or on behalf of the other party, express or implied, with respect to, the Platform, the Service or otherwise.

 

19     Compliance with Laws

 

19.1    You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Platform and the Service and your access to any information or material through the Platform or the Service.

 

20     Severability of Terms

 

20.1    Any provision of the Agreement which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make the Agreement enforceable, unless this would materially change the intended effect of the Agreement.

 

21     No Wavier

 

21.1    No wavier of any term, provision or condition of this Agreement by us, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute a waiver of any other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof.

 

22     Indemnity

 

22.1    By accessing or using the Platform or the Service, you agree to indemnify and hold us, our directors, officers and agents harmless with respect to any claims arising out of your use of the service and your breach to this Agreement. You are barred from suing or recovering any damages from us, our directors, officers and agents as a result of our decision to remove or refuse to possess any information or content, to warn you, to suspend or terminate your access to the Platform and/or any services provided through it, or to take any action during the investigation of a suspected violation or as a result of our reasonable suspicion that a violation has occurred.

 

22.2    This Clause applies to all violations described in, contemplated by, in relation or incidental to this Agreement.

 

23     Linked Websites

 

23.1    The materials and contents available via the Platform may include materials from third party. You agree that we are not responsible for examining or evaluating the content or accuracy and we do not warrant or will not have any liability or responsibility for any third party materials or websites. You agree that you will not use any materials and contents available via the Platform or third party materials in a manner that would constitute an infringement or violation of the rights of any other party and that we are not in any way responsible for any such use by you.

 

23.2    We are not responsible for the contents available on or the set-up of any other websites or resources linked to the Platform. Access to and use of such other websites or resources is entirely at your own risk and subject to any terms and conditions that may be applicable to such access/use. By providing hyperlinks to other websites or resources, we shall not be deemed to control, endorse, recommend, approve, guarantee or introduce any third parties or any of the contents, information, services/products they provide on or through such websites or resources, or have any form of cooperation with such third parties and websites.

 

23.3    We reserve the right to from time to time remove and/or terminate any link or linking program at any time. Unless otherwise expressly specified or agreed to by us, we are not a party to any contractual arrangements entered into between you and the provider of any external website or resources. We are not responsible for any damages or losses (whether direct, indirect, special, consequential or incidental) caused by any interruptions, delays, defects, acts or omissions that may exist in the service, information, materials or other contents provided in any external website or resources.

 

24     Interpretations

 

24.1    In this Agreement:-

 

(a)            where the context so admits, the use of the singular includes the plural and the use of the plural includes the singular and reference to any one gender imports a reference to the masculine, feminine and neuter genders;

 

(b)           references to a Clause are to a Clause of this Agreement except where otherwise stated;

 

(c)            headings to Clauses are for the purpose of information and identification only and do not form part of this Agreement; and

 

(d)           references to a “person” includes any individual person, partnership, firm, company, body corporate or corporation or organisation.

 

(e)            Where an act is required to be done within a specified number of days after or from a specified date, the period is inclusive of and begins to run from the date so specified.

 

25     Message, Internet and Downloading

 

25.1    We are not responsible for any damages incurred by you (any other users of the Platform) if you send a message to us, or if we send a message to you at your request or otherwise, over the Internet. We are not responsible in any way for any direct, indirect, special, consequential, incidental or other damages, losses or expenses arising out of or in connection with your use of the Platform or the Service or any information or provided items contained in, or in the services provided through, the Platform.

 

25.2    Due to the nature of the Internet, communications or transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. We will not be liable for malfunctions, interruption or unavailability in communications facilities not under our control that may affect the accuracy or timeliness of communications between you (and any other users of the Platform) and us.

 

25.3    We do not represent or warrant that the Platform will always be available and meet with requirements, or that access will not be interrupted, or that there will be no delays, failures, errors or omissions or loss of transmitted data or information, or that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have the sole responsibility for ensuring adequate protection to your computer system and back-up of data, information and/or equipment and for undertaking appropriate precautions to scan for computer viruses or other destructive properties. We make no representations or warranties as regards the accuracy, functionality or performance of any third party software that may be used in connection with the Platform. In no event shall we be liable or have any responsibility for damages, losses or expenses of any kind, whether direct, indirect, special, consequential or incidental, resulting from access or use of, or inability to access or use, the Platform or the Service.

 

26     Language Versions

 

26.1    In case of discrepancies between the English and Chinese versions of the Platform, the English version shall apply and prevail.

 

27     Modification of Terms

 

27.1    Any terms and conditions in this Agreement may be varied, amended or supplemented at any time by us by serving not less than thirty (30) days’ notice through the Platform or in other manner as we consider appropriate. You will be deemed to have accepted the variation, amendment and supplement if you continue to use the Platform or our Service after the expiry of the notice period.

 

28     Law and Jurisdiction

 

28.1    This Agreement and the relationship between you (and any users of the Platform) and us shall be governed by the laws of Hong Kong Special Administrative Region and you agree to submit to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region for all matters in relation to this Agreement and the Platform.

 

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Standard Terms and Conditions for Courier Service

These Standard Terms and Conditions for Courier Service (“these Terms and Conditions”) are the basic terms and conditions applicable to the users of the website and application (collectively the “Platform”) of Inspirit Studio Limited and or its associated entities (collectively “Inspirit”) who reached an agreement through the Platform whereby one user (the “Courier”) agrees to provide and another user (the “Sender”) agrees to accept courier goods transportation and related services (the “Service”) provided by the Courier.

Unless otherwise agreed between the Courier and the Sender (collectively the “Parties” and each a “Party”, the Parties shall be bound by these Terms and Conditions once they have reached an agreement (the “Agreement”) through the Platform for the provision and acceptance of Service, and these Terms and Conditions shall be deemed automatically incorporated into the Agreement.

1           Definitions

1.1      In these Terms and Conditions, the following words and phrases shall have the corresponding meaning specified below:-

a.          Goods” means the goods agreed between the Parties to be handed by the Sender to the Courier for delivery to the mutually agreed location(s) (“Destination”) for the provision of Service;

b.         Prohibited Goods” includes the followings:-

i.       Dangerous drugs as defined and listed in the Dangerous Drugs Ordinance (Cap. 134) and any other chemicals or substances that are considered as dangerous drugs by relevant laws and regulations.

ii.      Dangerous goods as defined under the Dangerous Goods Ordinance (Cap.295).

iii.     Hazardous substances, namely, substances containing ingredients which are toxic, irritant, sensitising, carcinogenic or corrosive in nature and the concentration of which reaches to a level which may be harmful to health; and

iv.     Illicit goods that are defined as such in relevant laws and regulations.

2           Rights and Obligations of the Courier

2.1      In providing the Service to the Sender, the Courier shall have rights at its sole and absolute discretion to perform the following:

a.      inspect and examine any packaged, wrapped and sealed documents or goods by opening the envelopes, packages and wrappings, in order to ensure that the goods contained herein are not Prohibited Goods, or otherwise not permitted by law to carry or transport and have the necessary permission or licences (if applicable) granted by the authorities required by law and regulation.

b.      control the manner in which the Goods are delivered under the Service.

2.2      In providing the Service to the Sender, the Courier shall take all best endeavor to:-

a.          meet the delivery time (the “Delivery Time”) specified by the Sender;

b.         deliver the Goods by road or any other method that can reasonably and conveniently adopted by the Courier at its sole and absolute discretion. The Sender agrees to any deviation by the Courier from the usual route or manner of delivery of the Goods which may be deemed by the Courier to be reasonable or necessary in the circumstances;

c.          at the Courier’s own costs acquires and properly maintains devices with GPS functions and capabilities in full compliance with Inspirit’s requirements or recommendations from time to time (if any) and turn on the GPS function on such Courier’s devices and keep the device well connected to internet to enable the Sender to retrieve the location information of the Courier through the Platform, to the necessary extent to facilitate the delivery and completion of Service; and

d.         take out and maintain adequate insurance cover as required by laws or pursuant to Clause 7.

2.3      The Courier is obliged to provide the necessary information to the Sender, including his/her name and contact number, for the provision of Service. The Courier is obliged to duly provide the above information in an accurate and complete manner and update them where necessary. The Courier will be held liable for any losses caused by such inaccurate or incomplete information to the Sender in the course of provision of the Service or otherwise.

2.4      If the Destination is unreachable or unattended or due to any reasons or the Courier is unable to effect delivery to the Destination, the Courier shall notify the Sender.  While the Courier shall try reasonable endeavor to accommodate any alternative arrangement proposed by the Sender, in case if the Courier and the Sender cannot reach an agreement as to the handling of the Goods as well as other required matters, the Sender shall be entitled to deposit the Goods at the Destination or in any manner that it sees fit and the Sender shall indemnify the Courier of any expenses incurred, if any. The Courier is deemed to have duly fulfilled its obligations under the Agreement upon deposit of the Goods in such manner and shall not be held liable for any losses or damages suffered by the Sender thereof.

2.5      For the avoidance of doubt, the Courier is not a common carrier and accepts no liability of any kinds as such.

3           Rights and Obligations of the Sender

3.1      The Sender is entitled to specify the Delivery Time, time for the Courier to pick up the Goods from the Sender and Destination.

3.2      The Sender shall provide the following information to the Courier for the provision of Service (or otherwise where the provision of voluntary information is not obligatory):-

Information to be provided on a mandatory basis:

 

9.        Mobile number for contacting the Sender

10.     Title and Mobile number for contacting the designated receiver

11.     Parcel size

12.     Parcel quantity

13.     Parcel weight

14.     Pickup location

15.     Destination

16.     Any other information as Inspirit may from time to time consider necessary

 

Information to be provided on a voluntary basis:

5.        Information of personal Facebook account shown on the public session

6.        Photo of the Goods

7.        Description of the Goods

8.        Email address other than the one given for the registered Account

 

The Sender is obliged to duly provide the above information in an accurate and complete manner and update them where necessary. The Sender will be held liable for any losses caused by such inaccurate or incomplete information to the Courier in the course of provision of the Service or otherwise.

3.3      Subject to acceptance by the Courier and additional fees payable by the Sender to the Courier, in case if the Courier is unable to effect delivery at the Destination, the Sender may request for return or specify an alternative Destination.

3.4      The Sender accepts that if the Courier decides to deposit or store the Goods specified in Clause 2.4, the Courier shall be deemed to have duly completed its contractual obligation under the Agreement and shall not be held liable for any losses or damages that the Sender suffered in relation thereto.

3.5      Pay the Service Fee to the Courier pursuant to these Terms and Conditions and the Agreement.

4           Service Fee

4.1      The amount of payment charged by the Courier to the Sender for the provision of Service under the Agreement (the “Service Fee”) shall be in the amount of the quotations provided by Inspirit to the Courier and the Sender through the Platform. The Sender may out of their own goodwill award the Courier with discretionary tips but they are not in any case obligatory.

4.2      There are only two payment options for the Courier to pay the Sender, and the Sender shall specify the chosen option when placing a request for Service and the Courier is deemed to accept the payment option when the Courier accepts to provide service according to the Sender’s request. The aforesaid options are: 1) the Sender shall pay the Courier when they meet at the pick-up location for handing over the Goods to the Courier; or 2) the Sender will procure the recipient of the Goods to pay the Courier. If the Sender wants to prescribe other payment options different from the two specified above, he/she must make such request to the Courier, and it is not deemed to be accepted by the Courier unless the Courier expressly communicates his/her acceptance of such request to the Sender.

4.3      Loading and unloading the Goods from the vehicles of the Courier shall be arranged by the Sender and the Sender shall be solely responsible for the labour and cost to be incurred in relation thereto.

4.4      The Courier acknowledges and agrees that the rates and charges set forth in this Clause are the only remuneration and consideration that the Courier is entitled to receive in exchange for the provision of the Service, regardless of the actual effort and number of hours spent in providing the Service.

5           Warranties by the Courier

5.1      The Courier undertakes and warrants to the Sender as follows:-

a.          All information that the Courier provides to the Sender for the Service, including the name and contact number of the Courier, are correct, accurate, complete and up-to-date.

b.         The Courier has obtained and maintained all required licences and permission to legally provide the Service to the Sender;

c.          The Courier will take reasonable and adequate measures and precautions during the delivery of the Goods with a view to protecting them from any losses or damages;

d.         The Courier will perform the Service using personnel of reasonable adequate skill, experience and qualifications and in a professional manner in accordance with commercially reasonable industry standards for similar services and shall devote adequate resources to meet all its obligations under the Agreement;

e.          The Courier will use its best commercial endeavors to deliver the Goods on time to the designated person at the Destination without unnecessary delay;

f.          The Courier will provide all necessary equipment, maintained in good repair, to enable the Courier to perform the Service safely.

5.2      The Courier shall not subcontract the Service to any third parties or otherwise allow any third party to provide the service or any part thereof on the Courier’s behalf. The Courier will be held liable for any direct and indirect losses to the Sender if the Courier is in breach of this provision.

5.3      The Courier will reasonably consider whether to accept the request made by the Sender for any variations to the Service, such as the Delivery Time and Destination, and/or other variations to other aspects of the Agreement. However, the Courier is not obliged to agree and accept such request and shall be entitled to reject such request at its sole and absolute discretion. In the event of a breach by the Sender of any warranties or undertakings set out in Clause 6, the Courier may, at its sole and absolute discretion and without any prejudice to any other rights and remedies that the Courier may have as a result of breach of warranties or contract or otherwise under the Agreement, have the right to:-

a.          decline to provide Service to the Sender and the Sender shall not be entitled to any refund of Service Fee; or

b.         accept the Goods for delivery and to continue to provide the Service as far as it is permitted by law and any loss or damages shall be at the Sender’s sole and absolute risk and liabilities.

6           Warranties by the Sender

6.1      The Sender undertakes and warrants to the Courier the followings:-

a.          All information that the Sender provides to the Courier for the Service are correct, accurate, complete and up-to-date:

b.         The Sender has the right and authorization to enter into the Agreement and instruct/retain the Courier to handle and deliver the Goods for him;

c.          The Sender has taken adequate and reasonable steps to prepare and pack the Goods to protect them from wear and damage for transportation under the Service and ordinary risks associated with delivery in general and the particular Service;

d.         The Sender shall not tender any Prohibited Goods to the Courier for delivery under the Service and shall indemnify the Courier against all losses and damages sustained by the Courier and its related parties by reason of tendering any Prohibited Goods and breach of any warranties or undertakings under the Agreement.

6.2      Failure by the Sender to take such steps to comply with Clause 6.1 would entirely be the Sender’s own risk and liability and the Courier shall not be liable for any loss or damage and the Sender shall indemnify the Courier for any losses or damages thereby caused.

7           Insurance

7.1      The Courier shall be responsible for effecting sufficient and adequate insurance coverage for the Goods throughout the delivery of Service by the Courier and be responsible for the cost of the insurance according to its business needs and statutory requirements in relation to the Goods and any potentially related third parties. The insurance coverage includes, but are not limited to, insurance relating to commercial liability, workers’ compensation insurance and automobile insurance, and/or as otherwise from time to time specified or advised by Inspirit.

8           Liability

8.1      Subject to the exception and liabilities cap specified in this Clause, the Courier shall be liable (whether such liability arises in contract, tort (including negligence), and breach of statutory duty or otherwise) for:

a.      any loss of or damage to the Goods or any items therein occurring whilst Courier is in physical possession of the Goods from the time the Goods are picked up at the pick-up location until the time the Courier delivers the Goods to the Destination;

b.      delay in the delivery of the Goods arising from the negligence of Courier; Courier shall not be liable for loss, damage or delay caused by events beyond the control of the Courier in accordance with the limitation of liability clause herein.

8.2      The Courier shall not be liable for losses that result from any failure to comply with the terms and conditions herein that fall into the following categories:

a.      loss of income or revenue;

b.      loss of business;

c.      loss of profits;

d.      loss of anticipated savings;

e.      loss of data; or

f.       waste of management or office time.

8.3      Subject to reasonable notice to the other Party, neither Party to the Agreement shall in any circumstances be liable to the other for any delay, breach or non-performance of its obligations under the Agreement to the extent that such delay, breach or non-performance is due to a force majeure event.

8.4      The Courier shall not be liable in the event that the Sender has willfully or negligently provided false, inaccurate or fraudulent information to Courier thereby causing a delay in the delivery of the Goods or failure for reasonable completion of the Service herein.

8.5      Unless otherwise agreed between the Parties, the total liabilities of Courier under the Agreement for each delivery shall in no event exceed HK$10,000.

9           Term and Termination

9.1      The Agreement becomes binding upon the Courier and the Sender once the request of Service of the Sender referred to the Courier by Inspirit through the Platform or otherwise is accepted by the Courier.

9.2      The Agreement shall expire or terminate upon due completion of the Service by Courier or otherwise upon request of the Sender or Courier, and in the former case, no Service Fee shall be refundable unless otherwise agreed by the Courier.

9.3      Unless otherwise expressly agreed between the Sender or the Courier, the Sender or the Courier may at any time cancel any request through the services provided by Inspirit (whether before or after the Service is accepted or confirmed by the Courier).

 

9.4      In the event of cancellation or termination of Service, irrespective of the reasons thereof:-

 

(a) Inspirit reserves the right to charge the Sender or the Courier who requests or causes the cancellation or termination or otherwise in default cancellation fees in an amount to be determined by Inspirit; and

 

(b) the Courier is obliged to return the Goods to the Sender at the pick-up location within a reasonable period of time, unless otherwise agreed between the Sender and the Courier. Where the cancellation or termination is due to the request of the Sender, or where it is due to the Sender’s fault, the Sender will be held fully liable for any extra costs incurred to the Courier directly due to the cancellation, including but not limited to the fees associated with the handling of the Goods and the aforesaid cancellation fees.

 

9.5      In the event of cancellation of Service which is initiated by the Courier or where it is due to the fault of the Courier, if the Courier cannot return the Goods and payment to the Sender in the manner stipulated in Clause 9.4, Inspirit may (but is not obliged to) take steps to assist the Sender in obtaining the Goods and refund from the Sender while reserving the right to recover from the Courier any costs incurred by Inspirit and charge a reasonable handling fees in an amount to be determined by Inspirit.

 

9.6      Without prejudice to the foregoing, the Service is also subject to separate cancellation policies from time to time adopted by Inspirit governing the cancellation or termination of Service. Inspirit will notify the Parties of any of the separate cancellation policies from time to time adopted by Inspirit and any change thereto through the Platform or in other manner as Inspirit considers appropriate. The separate cancellation policies will for all purposes be deemed upon the issuance of the aforesaid notification to be binding on the Parties as if it has fully and verbatim incorporated in this Agreement.

 

9.7      Without prejudice to other rights and liabilities available herein, in law or otherwise, either Party may terminate the Agreement immediately if the other Party breaches any provisions of the Agreement, whether the breach can be cured or not. The non-breaching Party shall communicate its intention of termination to the breaching Party.

9.8      Termination of the Agreement will not constitute a waiver of any of the Parties’ rights, remedies or defenses under the Agreement, at law, in equity or otherwise.

9.9      Save and except any rights or remedies accrued prior to the termination, neither Party shall be liable to the other Party for any damage of any kind (whether direct or indirect) incurred by the other Party by reason of the expiration or earlier termination of the Agreement.

10        Inspirit and Exclusion of Third Party Rights

10.1   Both Parties acknowledge that the Agreement is solely between the Courier and the Sender, and Inspirit and the Platform have merely assisted in facilitating them to reach the Agreement. Each of the Parties undertakes and warrants it will not complaint or claim (and will waive all complaint and claims whatsoever it may have) against Inspirit for anything related or incidental to this Agreement or the conduct of the other Parties in relation to the Service and to indemnify Inspirit and keep Inspirit at all time fully indemnified in relation to breach of this Clause by either Party.

10.2   Subject to Clause 10.1, all rights of any third parties other than Inspirit under Contracts (Rights of Third Parties) Ordinance (Cap.623) shall be excluded under the Agreement. Each of the Sender and the Courier hereby agree that Inspirit may enforceable any rights conferred to Inspirit, including any payment payable to Inspirit, under this Agreement under Contracts (Rights of Third Parties) Ordinance (Cap.623) or otherwise.

 

 

11        Confidentiality

11.1   During the term of the Agreement, confidential information including but not limited to the personal and commercial information may be communicated between the Parties. The receiving Party of such information is obliged is keep them in strict confidence and procure the personnel who are in contact with such information to comply with confidential obligation under this Clause.

11.2   Nothing herein prevent either parties from disclosing any information to be extent as required by law, court orders or lawful requests of Government or regulatory authorities.

12        Independence of Parties

12.1   Neither Party shall be a partner, agent, representative or joint venture of the other Party. Neither Party has the authority to assume or create any obligation for or on behalf of the other Party, express or implied, with respect to, the Platform, the Service or otherwise.

13        Compliance with Laws

13.1   The Parties shall comply with all applicable laws, statutes, ordinances and regulations regarding their use of the Platform and the Service and their access to any information or material through the Platform or the Service.

14        Severability of Terms

14.1   Any provision of the Agreement which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make the Agreement enforceable, unless this would materially change the intended effect of the Agreement.

15        No Wavier

15.1   No wavier of any term, provision or condition of the Agreement by the Parties, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute a waiver of any other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof.

16        Message, Internet and Downloading

16.1   Due to the nature of the Internet, communications or transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. Neither Party will be liable for malfunctions, interruption or unavailability in communications facilities not under our control that may affect the accuracy or timeliness of communications between the Parties.

 

17        Language Versions

17.1   In case of discrepancies between the English and Chinese versions of the Platform, the English version shall apply and prevail.

18        Amendments

18.1   These Terms and Conditions may be revised or varied from time to time by Inspirit. However, the revisions and variations will only be applicable to any new Agreement to be reached thereafter and any existing Agreement that has already incorporated these Terms and Conditions shall not be affected.

19        Interpretations

19.1   In the Agreement:-

(a)     where the context so admits, the use of the singular includes the plural and the use of the plural includes the singular and reference to any one gender imports a reference to the masculine, feminine and neuter genders;

(b)    references to a Clause are to a Clause of these Terms and Conditions except where otherwise stated;

(c)     headings to Clauses are for the purpose of information and identification only and do not form part of these Terms and Conditions; and

(d)    references to a “person” includes any individual person, partnership, firm, company, body corporate or corporation or organisation.

20        Law and Jurisdiction

20.1   These Terms and Conditions and the Agreement and the relationship between the Parties shall be governed by the laws of Hong Kong Special Administrative Region and the parties agree to submit to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region for all matters in relation to the Agreement.

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