Terms and Conditions for Use of the Cabtic Application [Passenger]

These Terms and Conditions form a legally binding agreement between Cabtic and the Passenger User for the use of the Cabtic App. These Terms and Conditions apply to the Passenger User access to, and use of any services, including but not limited to the Cabtic Apps owned and operated by Cabtic or its affiliates. The Passenger User’s access and use of the Service constitutes his agreement to be bound by these Terms and Conditions. Unless and until the Passenger User agrees to be bound by these Terms and Conditions, no service will be rendered by Cabtic. If the Passenger User does not agree to these Terms and Conditions, please do not use the Service.

1. Definitions and Interpretations
   • In these terms and conditions, unless the context otherwise requires:

• In these Terms and Conditions, the masculine gender shall include the feminine and neutral and the singular numbers shall include the plural and vice versa.
• Headings are to be ignored in the construction or interpretation of any provision of these Terms and Conditions.

2. The Service
   • Cabtic hereby agrees to provide the Service, and the Passenger User hereby agrees to receive the Service during the Term, subject to these Terms and Conditions.

• • The Cabtic App will (i) facilitate the connection between the Passenger User (who wishes to purchase transportation services) and the Driver User and (ii) enable the Passenger User to pay taxi fare through the Specified Payment Gateway.  For the avoidance of doubt, Cabtic merely facilitates the communication and payment between the Passenger User and the Driver User, Cabtic is in no way involving in offering any transportation service. Unless otherwise agreed by the Parties in writing, the Service are made available for the Passenger User’s personal non-commercial use (“Service”).

• The Passenger User acknowledges and agrees that:       

• • Cabtic does not provide transportation services and/or function as a transportation carrier and that all such transportation services are provided by third party drivers (i.e. Driver Users) who are not employed by Cabtic or any of its affiliates;
  • To the fullest extent permitted by applicable law, Cabtic shall not be liable for any acts, deeds, negligence or omissions of the Driver User in regard to the provision of transportation services and does not assume any liability for the condition standard and quality of the transportation services by the Driver Uder; and
  • Once the Driver User confirms and/or accepts a Passenger User’s Ride Request, a legally binding contract is formed between the Driver User and the said Passenger User in accordance with the Terms and Conditions herein.

3. Term
   • These Terms and Conditions shall commence on Commencement Date and expire on Expiry Date, subject to termination under mentioned hereinbelow (“Term”).

4. Use of the Cabtic App
   • To access and to use the Cabtic App as a driver, the Passenger User must register for OTP (“Passenger Account”). The Passenger User is required to provide any information required by Cabtic for registration of the Driver Account. See our Privacy Policy. Unless and until the Passenger User provides all information required by Cabtic for registration, no Passenger Account will be registered and created for the Passenger User.

• • The Passenger User’s information will be displayed in the Cabtic App after the Passenger User has uploaded such information to the Cabtic App.

• • Subject to these Terms and Conditions, Cabtic hereby grants the Passenger User an non-exclusive, non-sublicensable, non-transferable free-of-charge licence to (i) access and use the Cabtic Application on your personal device solely in connection with your use of the Service, and (ii) access and use any content, information and related materials that may be made available through the Service. Any rights not expressly granted herein are reserved by Cabtic.
  • The Passenger User hereby agrees to abide by Cabtic’s User Guidelines, which may be updated and revised from time to time without any notice. If the Passenger User fails and/or refuses to comply with the User Guidelines or these Terms and Conditions, Cabtic shall have absolute rights and discretion to terminate these Terms and Conditions and cancel the Passenger Account without prior notice.
  • The Passenger User hereby acknowledges and agrees that once the Driver User confirms and/or accepts a Passenger User’s Ride Request, a legally binding contract is formed between the Driver User and the said Passenger User in accordance with the Terms and Conditions herein.
  • By creating a Passenger Account, the Passenger User agrees that Cabtic may send him text (SMS) messages, any App messages, notifications and/or emails as part of the normal operation of your use of the Service.

• • The Passenger User agrees that Cabtic may change, suspend or discontinue any aspect of feature of the Cabtic App, including but not limited to any feature, database or content on the Cabtic App at any time without any prior notice.

5. Deactivation, Suspension or Cancellation of the Account
   • Cabtic may, at its discretion, terminate these Terms and Conditions, suspend or cancel any Passenger Account created by the Passenger User on the Cabtic App and the Passenger User’s access to all or part of the Cabtic App at any time without the need to provide reasons and any prior notice.

6. Taxi Trip
   • The Passenger User may list his Ride Request clearly stated the Starting Location and the Drop Off Location on the Cabtic App and try to connect Driver User who is available to provide a ride. Once the Driver User confirms the said Ride Request, the Passenger User shall not cancel the ride unless the Driver User does not arrive the Starting Location by the Agreed Time.

• • The Passenger User acknowledges that if the Passenger User is unable to arrive the Stating Location by the Agreed time, the Driver User may cancel the confirmed Taxi Trip without prior notice.  The Driver User shall arrive the Starting Point with the Agreed Time.

7. Carpooling Trip (Popular Points)
   • The Passenger User may list his Ride Request for the Carpooling Trip (Popular Points) on the Cabtic App and try to invite any other Passenger User (who wishes to join the said Carpooling Trip (Popular Points) together). If there is no other Passenger User joining the Carpooling Trip (Popular Points) within the Agreed Carpooling Time (Initiation), the initiating Passenger User may withdraw the Carpooling Trip (Popular Points).

• • Once the Carpooling Trip (Popular Points) on the Passenger User’s side is teamed, the Passenger User may connect the Driver User for a ride. The Carpooling Trip (Popular Points) is confirmed only if the Driver User accepts or confirms the Ride Request for the Carpooling Trip (Popular Points). The Passenger User shall not cancel the Carpooling Trip (Popular Points) unless the Driver User does not arrive at the Popular Starting Location by the Agreed Carpooling Time (Driver). For the avoidance of doubt, if a Passenger User confirms a Carpooling Trip, he is required to share the Taxi Fare in equal shares even if he withdraws from joining the confirmed Carpooling Trip and/or does not aboard the taxi at all.
  • The Driver User shall arrive at the Popular Starting Point within the Agreed Carpooling Time (Driver) while the Passenger Users shall arrive at the Popular Starting Point within Agreed Carpooling Time (Passenger User).
  • All the said Passenger Users shall drop off at the Popular Drop Off Location and share the Taxi Fare in equal shares.

8. Carpooling Trip (Specified Points)
   • The Passenger User may list his Ride Request for the Carpooling Trip (Specified Points) on the Cabtic App and try to invite one (1) Passenger User to join the said Carpooling Trip (Specified) Points). If there is no other Passenger User joining the Carpooling Trip (Specified Points) within the Agreed Carpooling Time (Initiation), the initiating Passenger User may withdraw the Carpooling Trip (Specified Points).

• • Once the Carpooling Trip (Specified Points) on the Passenger User’s side is teamed, the Passenger User may connect the Driver User for a ride. The Carpooling Trip (Specified Points) is confirmed only if the Driver User accepts or confirms the Ride Request for the Carpooling Trip (Specified Points). The Passenger User shall not cancel the Carpooling Trip (Specified Points) unless the Driver User does not arrive at the Popular Starting Location by the Agreed Carpooling Time (Driver). For the avoidance of doubt, if a Passenger User confirms a Carpooling Trip, he is required to share the Total Fare in equal shares even if he withdraws from joining the confirmed Carpooling Trip and/or does not aboard the taxi at all.
  • The Driver User shall arrive at the Popular Starting Point within the Agreed Time Carpooling Time (Driver) while the Passenger Users shall arrive at the Popular Starting Point within Agreed Carpooling Time (Passenger User).
  • One of the said Passenger Users may drop off before the Specified Drop Off Location. The remaining Passenger User may drop off at a location within 5 km from the Specified Drop Off Location (straight line distance). The Passenger User, who is the last one to drop off, will check the Taxi Fare. The said Passenger Users shall share the Total Fare amongst themselves in equal shares.
  • Passenger Users may drop off at a location within 1.5 km from the Popular Drop Off Location (straight line distance). The Passenger User, who is the last one to drop off, will check the Taxi Fare. The said Passenger Users shall share the Total Fare amongst themselves in equal shares,
  • Notwithstanding the aforesaid, if the last drop off Passenger User requests to exceed the Specified Drop Off Location, such Passenger User shall bear all the taxi fare for the whole Carpooling Trip (Specified Points).

9. Driver User’s Obligations
   • The Driver User shall provide service to the Passenger Users in compliance with the licenses required for operating taxi service from all relevant competent authorities and be solely responsible for obtaining all necessary licenses.

• • The Driver User shall follow the route of the journey suggested by the Cabtic App, save and except that the Driver User and the Passenger Users otherwise mutually agree, and then alternative route is allowed.

10. No Cancellation of Confirmed Ride Request
    • The Passenger User shall not cancel, by whatsoever means, any confirmed Ride Request for the Taxi Trip, save and except that the Driver User is unable to arrive the Starting Location by the Agreed Time
    • The Passenger User shall not cancel, by whatsoever means, any confirmed Ride Request for the Carpooling Trip (Popular Points) and/or the Carpooling Trip (Specified Points), save and except that the Driver User fails to arrive at the Popular Starting Location within the Agreed Carpooling Time (Driver User).

11. Tips to Driver User
    • The Passenger may pay or offer to pay voluntary Tips to the Driver User for any Taxi Trip as an incentive to the Driver User to be matched the listing at peak hours, urgent call or journey to remote areas etc. The said voluntary Tips does not constitute taxi fare for the transportation services provided by the Driver User.

12. Service Fee to Cabtic
    • The Passenger User agrees to pay Service Fee to Cabtic for each successful Driver User match at the end of such a trip. The Service Fee shall not constitute taxi fare for the transportation services provided by the Driver User for the said ride.

• The Service Fee, together with the Taxi Fare for such ride and the Tips, shall be paid to Cabtic by way of credit card through the Specified Payment Gate. The Taxi Fare and the Tips will be transferred to the Driver User by Cabtic subsequently.
• No refund of the Service Fee is allowed.

13. Fare Payment
    • If the Driver User confirms the Ride Request and successfully transports the Passenger User to the Drop Off Location or Specified Drop Off Location, the Passenger User is required to pay the Taxi Fare for the Taxi Trip, the Carpooling Trip (Popular Points) or the Carpooling Trip (Specified Points), as the case may be.

• The Passenger User shall pay for each taxi trip in accordance with the Road Traffic (Public Service Vehicles) Regulations (Cap 374D) which may be amended from time to time.
• The Passenger User shall pay the Taxi Fare by way of credit card through the Specified Payment Gateway, such payment will then be transferred to Cabtic and will be released to the Driver User. No other payment method is allowed.
• Notwithstanding the aforesaid:-

• • In relation to the Carpooling Trip (Popular Points), the Passenger User agrees to share the Taxi Fare of the Carpooling Trip (Popular Points) with another Passenger User (who join the Carpooling Trip (Popular Points)) in equal shares, and such share of the Taxi Fare, together with the Service Fee, will be automatically and immediately deducted/charged by way of credit card through the Specified Payment Gateway after the Carpooling Trip (Popular Points) finishes.
  • In relation to the Carpooling Trip (Specified Points), the Passenger User agrees to share the Taxi Fare of the Carpooling Trip (Specified Points) with other Passenger Users (who join the Carpooling Trip (Specified Points)) in equal share. The corresponding Taxi Fare, together with the Service Fee, will be automatically and immediately deducted/charged by way of credit card through the Specified Payment Gateway after the Carpooling Trip (Specified Points) finishes.
  • In relation to withdrawal from a confirmed Carpooling Trip (Popular Points) or confirmed Carpooling Trip (Specified Points), he is required to share the Total Fare in equal shares. The corresponding Taxi Fare, together with the Service Fee, will be automatically and immediately deducted/charged by way of credit card through the Specified Payment Gateway after the journey finishes.

14. Representations, Warranties, Acknowledgements and Undertakings
    • The Passenger User hereby represents and warrants that: –
      • the Passenger User is at least 18 years old and can form legally binding contracts under applicable law;
      • the Passenger User has not been refrained from entering into these Terms and Conditions; and
      • all the information, data, contents and details provided by the Passenger User are true, accurate, updated, complete and not misleading.
      • The Passenger User hereby undertakes to comply with all applicable laws, rules and regulations of Hong Kong from time to time in relation to the use of the Cabtic App and the provision of transportation service.

15. Limitation of Liability and Disclaimer
    • The App and/or the Service are provided “as is”, “as available” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Cabtic disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, uninterrupted or error-free and free from computer viruses. Cabtic makes no representations or warranties or endorsements of any kind whatsoever, express and implied, as to the Cabtic App or the Service. The Passenger User uses the Cabtic App at his own risk.

• Cabtic is unable to make any representations and warranties as to the identity and information provided by any User since Cabtic’s verification of the identity of User is based on the information provided to Cabtic by such User. Cabtic cannot and does not assume any responsibility for the accuracy or reliability of the identity or any information provided by any User. While Cabtic requires all Passenger Users to provide updated, current and accurate information in their profiles, Cabtic is under no obligation to update or to ensure that the information provided by any User is accurate, current, and truthful.
• The Cabtic shall have no obligation to investigate the Driver User’s compliance with all laws or regulations in Hong Kong, licenses and/or permits required from all relevant competent authorities.
• Cabtic does not represent or guarantee that the Cabtic App will provide successful matches between the Passenger User and the Driver User through the Cabtic App, and the Cabtic App is compatible with the Passenger User’s mobile device or computer.
• Cabtic shall not be liable for any loss and damages (including loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage), howsoever caused (including through Cabtic’s negligence), suffered or incurred by the Passenger User arising from or in connection with: (i) the Passenger User’s access to, or use of the Cabtic App; (ii) the Passenger User’s interactions with the Driver User, (iv) any personal injuries suffered by the Passenger User during the taxi journey or (iv) any error or defect in the Cabtic App.

16. Indemnification
    • The Passenger User shall indemnify, defend, and hold harmless Cabtic, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claims, losses, damages, demand of liability, costs, including attorneys’ and experts’ fees, disbursements and all expenses incurred, in connection with: –

• any negligent acts, omissions or willful misconduct by the Passenger User;
• the Passenger User’s access to and use to the Cabtic App;
• the Passenger User’s inability to use the Cabtic App;
• any dispute between the Passenger User and any User(s); or
• the Driver’s violation of any provision of these Terms and Conditions.

17. Third Party Links and Promotion Banners
    • The Cabtic App may contain links and pointers to other websites, resources, and advertisers on the Cabtic App, which Cabtic does not control. Links to and from the Cabtic App to other mobile applications or websites, maintained by third parties, do not constitute an endorsement by Cabtic or any affiliate of any third-party site, mobile application or content. Cabtic is not responsible for the availability of these third-party resources, or their contents. Cabtic has not reviewed any or all of the mobile applications or sites linked to the Cabtic App and is not responsible for the content of any third-party pages or any other mobile applications or websites linked to the Cabtic App. The Passenger User’s link to other third-party sites is at his own risk. By clicking on any such link, the Passenger User acknowledges that the Cabtic App has no control over and makes no representations of any kind with respect to, such other websites, mobile applications or any content contained within such other websites or mobile applications, and the Passenger User hereby revokes any claim against Cabtic with respect to such other websites and/or mobile applications. The Passenger User should direct any concern regarding any external link to its mobile application or site administrator or webmaster.

• Cabtic shall have no representation, warranty or guarantee on the publication of any advertising banners in Cabtic App. Cabtic does not guarantee the marketing effect of such advertising banners.

18. Termination
    • Cabtic may terminate these Terms and Conditions if the Passenger User breaches any provision of these Terms and Conditions.

• • Termination of these Terms and Conditions will not terminate those provisions that are capable of surviving the end of these Terms and Conditions.

19. Intellectual Property
    • The Cabtic App is owned and operated by Cabtic. All intellectual property rights in the Cabtic App are owned by Cabtic. No reproduction, republication, upload, copy, transmit, distribution, display or otherwise use of any materials on the Cabtic App is allowed or permitted without prior written consent from Cabtic.

• Materials procured from a third party may be subject to copyright owned by that third party. The Passenger User shall not use any such materials without prior consent from their respective owner. The Passenger User hereby acknowledges that all company, product and service names, logos and brands used in the Cabtic App are for identification purposes only. Use or display of these names, logos, and brands does not imply endorsement.

20. Personal Data
    • The Passenger User agrees and undertakes to work towards compliance with all regulatory requirements under the Personal Data (Privacy) Ordinance (Cap. 486). The Passenger User shall take all reasonable steps to ensure that all personal data is handled in a lawful manner and is protected against unauthorized and/or accidental access, unauthorized processing, deletion, alteration, disclosure or destruction and shall be responsible for taking all and every security measure deemed necessary for the execution of this obligation.

21. Rights of Third Parties
    • The Contracts (Rights of Third Parties) Ordinance (Cap. 623) shall not apply to these Terms and Conditions and unless specifically herein provided no person other than the Parties and the Driver User to these Terms and Conditions shall have any rights under it nor shall it be enforceable by any person other than the Parties to it. The rights of the Parties to terminate, rescind, or agree to any amendment, waiver, variation and/or settlement under or relating to these Terms and Conditions are not subject to the consent of any third party.

22. Force Majeure
    • Either Party will be liable for any delay in performing or failure to perform any of its obligations under these Terms and Conditions caused by Force Majeure. However, any delay or failure by a service provider will not relieve either of them from liability for delay or failures except where that delay or failure is also beyond the reasonable control of the service provider concerned.

• The party claiming Force Majeure will promptly notify the other parties in writing of the reasons for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage.

23. General Provisions
    • These Terms and Conditions embodies all the terms and conditions agreed upon between the Parties as to the subject matter of these Terms and Conditions and supersedes and cancels in all respects all previous correspondence, understandings and agreements between the Parties with respect to the subject matter hereof, whether such be written or oral.

• The failure of any Party hereto at any time to require performance or observance by any other party of any provision of these Terms and Conditions shall in no way affect the right of such first party to require performance of this provision and any waiver by any party of any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself or a waiver of any right under these Terms and Conditions.
• If any of the provisions in these Terms and Conditions are deemed invalid, illegal, prohibited, void, or for any reason unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
• These Terms and Conditions do not create any agency, partnership or joint venture between Cabtic and the Passenger User.
• Should there be any differences or inconsistencies between this Terms and Conditions and the other contents in the App, these Terms and Conditions shall prevail.

24. Contract Method
    • Please contact Cabtic at mc@cabtic.com for any questions or complaints regarding the Cabtic App and the other Users.

25. Governing Laws
    • These Terms and Conditions are governed by and shall be construed in all respects in accordance with the laws of the Hong Kong Special Administrative Region all the parties hereto hereby submit to the exclusive jurisdiction of the Hong Kong courts in connection with any matters arising hereunder.

26. Modification
    • These Terms and Conditions may be amended or modified from time to time. Any changes will be reflected by an update of these Terms and Conditions. The Passenger User shall check these Terms and Conditions from time to time.

27. Effective Date
    • These Terms and Conditions are effective from 17/4/2025.

Terms and Conditions for Use of the Cabtic Application [Driver]

These Terms and Conditions form a legally binding agreement between Cabtic and the Driver User for the use of the Cabtic App. These Terms and Conditions apply to the Driver User access to, and use of any services, including but not limited to the Cabtic Apps owned and operated by Cabtic or its affiliates. The Driver User’s access and use of the Service constitutes his agreement to be bound by these Terms and Conditions. Unless and until the Driver User agrees to be bound by these Terms and Conditions, no service will be rendered by Cabtic. If the Driver User does not agree to these Terms and Conditions, please do not use the Service.

1. Definitions and Interpretations
   • In these terms and conditions, unless the context otherwise requires:

• In these Terms and Conditions, the masculine gender shall include the feminine and neutral and the singular numbers shall include the plural and vice versa.
• Headings are to be ignored in the construction or interpretation of any provision of these Terms and Conditions.

2. The Service
   • Cabtic hereby agrees to provide the Service, and the Driver User hereby agrees to receive the Service during the Term, subject to these Terms and Conditions.

• The Cabtic App will (i) facilitate the connection between the Driver User and the Passenger User (who wishes to purchase transportation services) and (ii) enable the Driver User to receive payment through the Specified Payment Gateway.  For the avoidance of doubt, Cabtic merely facilitates the communication and payment between the Driver User and the Passenger User, Cabtic is in no way involving in offering any transportation service. Unless otherwise agreed by the Parties in writing, the Service are made available for the Driver User’s personal non-commercial use (“Service”).

3. Term
   • These Terms and Conditions shall commence on Commencement Date and expire on Expiry Date, subject to termination under mentioned hereinbelow (“Term”).

4. Use of the Cabtic App
   • To access and to use the Cabtic App as a driver, the Driver User must register for OTP (“Driver Account”). The Driver User is required to provide any information required by Cabtic for registration of the Driver Account. See our Privacy Policy. Unless and until the Driver User provides all information required by Cabtic for registration, no Driver Account will be registered and created for the Driver

• The Driver User’s information will be displayed in the Cabtic App after the Driver User has uploaded such information to the Cabtic App.
• Subject to these Terms and Conditions, Cabtic hereby grants the Driver User an non-exclusive, non-sublicensable, non-transferable free-of-charge licence to (i) access and use the Cabtic Application on your personal device solely in connection with your use of the Service, and (ii) access and use any content, information and related materials that may be made available through the Service. Any rights not expressly granted herein are reserved by Cabtic.
• The Driver User hereby agrees to abide by Cabtic’s User Guidelines, which may be updated and revised from time to time without any notice. If the Driver User fails and/or refuses to comply with the User Guidelines or these Terms and Conditions, Cabtic shall have absolute rights and discretion to terminate these Terms and Conditions, suspend or cancel the Driver Account.
• The Driver User hereby acknowledges and agrees that once the Driver User confirms and/or accepts a Passenger User’s Ride Request, a legally binding contract is formed between the Driver User and the said Passenger User in accordance with the Terms and Conditions herein.
• By creating a Driver Account, the Driver User agrees that Cabtic may send him text (SMS) messages, any App messages, notifications and/or emails as part of the normal operation of your use of the Service.

5. Deactivation, Suspension or Cancellation of the Account
   • Cabtic may, at its discretion, terminate these Terms and Conditions, suspend or cancel any Driver Account created by the Driver User on the Cabtic App and the Driver User’s access to all or part of the Cabtic App at any time without the need to provide reasons and any prior notice. Cabtic shall have right to refuse to re-activate any account of the Driver User until and unless the Driver User pays a reasonable administrative fee (including but not limited to an account re-activation fee for the re-activation of an account that has been de-activated due to the Driver User’s breach of the Terms and Conditions) to Cabtic, provided that the Driver User shall have remedied all breaches up to satisfaction of Cabtic.

• The Driver User agrees that Cabtic may change, suspend or discontinue any aspect of feature of the Cabtic App, including but not limited to any feature, database or content on the Cabtic App at any time without any prior notice.

6. Taxi Trip
   • Once the Driver User accepts or confirms a Ride Request for Taxi Trip, he shall use the best care, skill and diligence to perform his taxi trip service. The Driver User shall not cancel the confirmed Taxi Trip unless the Passenger User fails to arrive at the Starting Location by the Agreed Time.

• The Driver User shall arrive the Starting Point with the Agreed Time. If the Driver User has difficulty in picking up the Passenger User by the Agreed time, the Driver shall not accept or confirm the Ride Request.

7. Carpooling Trip (Popular Points)
   • The Driver User may accept or confirm a Ride Request for the Carpooling Trip (Popular Points). The Driver User shall not cancel the Carpooling Trip (Popular Points) unless the Passenger User fails to arrive at the Popular Starting Location by the Agreed Carpooling Time (Passenger).

• The Driver User shall arrive at the Popular Starting Point within the Agreed Carpooling Time (Driver User). If the Driver User has difficulty in picking up the Passenger Users by the Agreed time (Carpooling), the Driver shall not accept or confirm such Ride Request.
• All the said Passenger Users shall drop off at the Popular Drop Off Location. All the said Passenger Users shall share the Taxi Fare in equal shares.

8. Carpooling Trip (Specified Points)
   • The Driver User may accept or confirm a Ride Request for the Carpooling Trip (Specified Points). The Driver User shall not cancel the Carpooling Trip (Specified Points) unless the Passenger User fails to arrive at the Specified Starting Location by the Agreed Carpooling Time (Passenger).

• The Driver User shall arrive at the Specified Starting Point within the Agreed Carpooling Point (Driver User). If the Driver User has difficulty in picking up the Passenger Users by the Agreed time (Carpooling), the Driver shall not accept or confirm such Ride Request.
• One of the said Passenger Users may drop off before the Specified Drop Off Location. The remaining Passenger User may drop off at a location within 5 km from the Specified Drop Off Location (straight line distance). The Passenger User, who is the last one to drop off, will check the Taxi Fare. The said Passenger Users shall share the Taxi Fare amongst themselves in equal shares
• Passenger Users may drop off at a location within 1.5 km from the Popular Drop Off Location (straight line distance). The Passenger User, who is the last one to drop off, will check the Taxi Fare. The said Passenger Users shall share the Total Fare amongst themselves in equal shares,
• Notwithstanding the aforesaid, if the last drop off Passenger User requests to exceed the Specified Drop Off Location, such Passenger User shall bear all the taxi fare for the whole Carpooling Trip (Specified Points).

9. Driver User’s Obligations
   • The Driver User shall provide service to the Passenger User in compliance with the licenses required for operating taxi service from all relevant competent authorities and be solely responsible for obtaining all necessary licenses.

• • The Driver User shall follow the route of the journey suggested by the Cabtic App, save and except that the Driver User and the Passenger Users otherwise mutually agree, and then alternative route is allowed.

10. No Cancellation of Confirmed Ride Request
    • The Driver User shall not cancel, by whatsoever means, any confirmed Ride Request for the Taxi Trip, the Carpooling Trip (Popular Points) and/or the Carpooling Trip (Specified Points), failing which Cabtic shall have rights to forfeit the Deposit immediately without prior notice.

11. Fare Payment
    • The Driver User shall charge for each taxi trip in accordance with the Road Traffic (Public Service Vehicles) Regulations (Cap 374D) which may be amended from time to time.

• • The Driver User agrees that all the Passenger User shall pay the Taxi Fare by by way of credit card through the Specified Payment Gateway, such payment will then be transferred to Cabtic, and Cabtic will release the Taxi Fare to the Driver User on monthly basis. No other payment method is allowed.

• • Cabtic shall send a statement to the Driver User for all successful rides of each calendar month (“the Monthly Statement”). The Company shall release payment as stated in the Monthly Statement to the Driver User by way of bank transfer on or before the 7^th day of the next calendar month or next business day if the said day is a holiday.

• • If the Driver User disagrees with the Monthly Statement, the Driver User shall give a written notification of disagreement to the Cabtic within 7 days after receiving the Monthly Statement together with details, reasons and supporting evidence, failing which the Monthly Statement is deemed to be accepted by the Driver User.

• • The Driver User acknowledges that Cabtic will impose charge and/or administration fee on the Passenger User for each successful ride. Such charge and/or administration fee may be charged through the Specified Payment Gate, other with the Taxi Fare for such ride, and then transferred to Cabtic subsequently. Such charge and administration fee shall not constitute taxi fare for the transportation services provided by the Driver User for the said ride.

12. Representations, Warranties, Acknowledgements and Undertakings
    • The Driver User hereby represents and warrants that: –

• • the Driver User is at least 18 years old and can form legally binding contracts under applicable law;
  • the Driver User has not been refrained from entering into these Terms and Conditions;
  • all the information, data, contents and details provided by the Driver User are true, accurate, updated, complete and not misleading;
  • the Driver User has obtained all necessary licenses required for operating taxi service from all relevant competent authorities and it is not in material breach of, or default under any license.

• • The Driver User hereby undertakes to comply with all applicable laws, rules and regulations of Hong Kong from time to time in relation to the use of the Cabtic App and the provision of transportation service.

13. Limitation of Liability and Disclaimer
    • The App and/or the Service are provided “as is”, “as available” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Cabtic disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, uninterrupted or error-free and free from computer viruses. Cabtic makes no representations or warranties or endorsements of any kind whatsoever, express and implied, as to the Cabtic App or the Service. The Driver User uses the Cabtic App at his own risk.

• • Cabtic is unable to make any representations and warranties as to the identity and information provided by any User since Cabtic’s verification of the identity of User is based on the information provided to Cabtic by such User. Cabtic cannot and does not assume any responsibility for the accuracy or reliability of the identity or any information provided by any User. While Cabtic requires all Driver Users to provide updated, current and accurate information in their profiles, Cabtic is under no obligation to update or to ensure that the information provided by any User is accurate, current, and truthful.

• • Cabtic does not represent or guarantee that (i) the Cabtic App will provide successful matches between the Driver User and the Passenger User, (ii) the number or frequency of matches between the Driver User and the Passenger User through the Cabtic App; and the Cabtic App is compatible with the Driver User’s mobile device or computer. Cabtic shall have no warrant or guarantee of the marketing effect or the number of Passenger User using the Cabtic App.

• • Cabtic shall not be liable for any loss and damages (including loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage), howsoever caused (including through Cabtic negligence), suffered or incurred by the Driver User arising from or in connection with: (i) the Driver User’s access to, or use of the Cabtic App; (ii) the Driver User’s interactions with the Passenger User; or (iii) any error or defect in the Cabtic App.

14. Indemnification
    • The Driver User shall indemnify, defend, and hold harmless Cabtic, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claims, losses, damages, demand of liability, costs, including attorneys’ and experts’ fees, disbursements and all expenses incurred, in connection with: –

• • • any negligent acts, omissions or willful misconduct by the Driver User;
    • the Driver’s access to and use to the Cabtic App;
    • the Driver’s inability to use the Cabtic App;
    • any dispute between the Driver User and any User(s); or
    • the Driver’s violation of any provision of these Terms and Conditions.

• Cabtic has the exclusive right to settle and/or pay any and all claims or causes of action which are brought against Cabtic without the Driver User’s prior consent. Upon request by Cabtic, the Driver User shall co-operate as reasonably required by Cabtic in defence of any relevant claim.

15. Termination
    • Cabtic may terminate these Terms and Conditions if the Driver User breaches any provision of these Terms and Conditions.

• • Termination of these Terms and Conditions will not terminate those provisions that are capable of surviving the end of these Terms and Conditions.

16. Intellectual Property
    • The Cabtic App is owned and operated by Cabtic. All intellectual property rights in the Cabtic App are owned by Cabtic. No reproduction, republication, upload, copy, transmit, distribution, display or otherwise use of any materials on the Cabtic App is allowed or permitted without prior written consent from Cabtic.

• • Materials procured from a third party may be subject to copyright owned by that third party. The Driver User shall not use any such materials without prior consent from their respective owner. The Driver User hereby acknowledges that all company, product and service names, logos and brands used in the Cabtic App are for identification purposes only. Use or display of these names, logos, and brands does not imply endorsement.

17. Personal Data
    • The Driver User hereby acknowledges and agrees to be bound by or comply with the terms of the Privacy Policy as stated on the Cabtic App.

• • The Driver User agrees and undertakes to work towards compliance of all regulatory requirements under the Personal Data (Privacy) Ordinance (Cap. 486). The Driver User shall take all reasonable steps to ensure that all personal data is handled in a lawful manner and is protected against unauthorized and/or accidental access, unauthorized processing, deletion, alteration, disclosure or destruction and shall be responsible for taking all and every security measure deemed necessary for the execution of this obligation.

18. Rights of Third Parties
    • The Contracts (Rights of Third Parties) Ordinance (Cap. 623) shall not apply to these Terms and Conditions and unless specifically herein provided no person other than the Parties (and the Passenger User) to these Terms and Conditions shall have any rights under it nor shall it be enforceable by any person other than the Parties to it. The rights of the Parties to terminate, rescind, or agree to any amendment, waiver, variation and/or settlement under or relating to these Terms and Conditions are not subject to the consent of any third party.

19. Force Majeure
    • Either Party will be liable for any delay in performing or failure to perform any of its obligations under these Terms and Conditions caused by Force Majeure. However, any delay or failure by a service provider will not relieve either of them from liability for delay or failures except where that delay or failure is also beyond the reasonable control of the service provider concerned.

• • The party claiming Force Majeure will promptly notify the other parties in writing of the reasons for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage.

20. General Provisions
    • These Terms and Conditions embodies all the terms and conditions agreed upon between the Parties as to the subject matter of these Terms and Conditions and supersedes and cancels in all respects all previous correspondence, understandings and agreements between the Parties with respect to the subject matter hereof, whether such be written or oral.

• • The failure of any Party hereto at any time to require performance or observance by any other party of any provision of these Terms and Conditions shall in no way affect the right of such first party to require performance of this provision and any waiver by any party of any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself or a waiver of any right under these Terms and Conditions.

• • If any of the provisions in these Terms and Conditions are deemed invalid, illegal, prohibited, void, or for any reason unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.

• • These Terms and Conditions do not create any agency, partnership or joint venture between Cabtic and the Driver User.

• • Should there be any differences or inconsistencies between this Terms and Conditions and the other contents in the App, these Terms and Conditions shall prevail.

21. Contract Method
    • Please contact Cabtic at mc@cabtic.com for any questions or complaints regarding the Cabtic App and the other Users.

22. Governing Laws
    • These Terms and Conditions are governed by and shall be construed in all respects in accordance with the laws of the Hong Kong Special Administrative Region all the parties hereto hereby submit to the exclusive jurisdiction of the Hong Kong courts in connection with any matters arising hereunder.

23. Modification
    • These Terms and Conditions may be amended or modified from time to time. Any changes will be reflected by an update of these Terms and Conditions. The Driver User shall check these Terms and Conditions from time to time.

24. Effective Date
    • These Terms and Conditions are effective from 17/4/21025.