Terms & Conditions

I. Terms & Conditions

These Terms & Conditions ("T&Cs") apply to your personal access to or use of the applications, websites, content, products and services offered by XAB Management Hong Kong Limited (“XAB”) that is a private limited liability company established in Hong Kong ("XAB").

Please read the following T&Cs carefully before accessing or using this service.

By accessing and using this service, you agree to be bound by the T&Cs that establish the contractual relationship between you and XAB. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, YOU WILL NOT ACCESS OR USE THE SERVICE.

XAB may amend or terminate the T&Cs of this service from time to time for any reason. The amendments or terminations will take effect upon the posting of the updated T&Cs or revised policy. By continuing to access or use the service after it is posted, you agree to be bound by the revised T&Cs or policy.

Additional terms may apply to this service, such as policies for specific events, events or promotions, and such supplemental provisions will disclose to you the applicable services. These supplements are supplements to the T&Cs applicable to the services and should be considered as part of them. If there is any discrepancy between the Supplementary Terms and these Terms in the applicable services, the Supplementary Terms shall prevail.

We collect and use personal information in accordance with XAB's privacy policy (www.xabhk.com). In the case of complaints, disputes or conflicts, which may include accidents and require information or information that is relevant to a complaint, dispute, or conflict, XAB may contact the Insurers provide any necessary information (including your contact information).

II. This service

This service constitutes a technical platform enabling users of XAB mobile applications ("Apps") provided to book and provision the point-to-point car transportation service (“Ride”) with XAB fleet or independent third party transport providers ("third-party providers") that have entered into agreements with certain affiliates of XAB. Except as otherwise agreed in the written agreement between XAB and you, this service is for your personal, non-commercial use only.

III. License

Subject to your compliance with these T&Cs, XAB grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to: (i) access and use the Application on your personal device; and (ii) access and use any content, information and related materials that may be provided through the service, but in any event solely for your personal, non-commercial use. Any rights not expressly granted are reserved by XAB and its licensors.

IV. Limitation

You may not: (i) delete any copyright, trademark or other proprietary notices in any part of this service; (ii) reproduce, modify, create derivative works, distribute, license, rent, sell, resell, transfer, publicly display , publicly demonstrate, transmit, stream, broadcast, or otherwise use the service unless expressly permitted by XAB; (iii) decompile, reverse engineer or disassemble the App unless permitted by applicable law; (iv) Fake any part of the service; (v) cause or initiate any program or script to intercept, index, measure, or otherwise exploit any part of the service without authorization.

V. Third-party services and contents

This service may be provided or accessed in connection with third party services and content (including advertising) that is not controlled by XAB. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. XAB does not endorse third party services and content and in no event will XAB be held responsible or liable for any products or services of such third party providers.

VI. Logo & trademarks

This service and all rights associated with it are the property of XAB or the XAB licensors. Your use of this service does not assume that you have the rights to re-use or re-produce XAB or its licensors’ company name, logo, product or service names or trademarks.

VII. User account

An active user account (“Account”) is needed for this service. You must be 18 years of age in order to register an account. Account registration requires that you submit certain personal information, such as your name, address, phone number and age, to XAB, and at least one valid payment method. You agree to keep your account information accurate, complete and up to date. Failure to keep your account information accurate, complete and up-to-date, including invalid or expired payment methods in your file, may result in your inability to access and use the service. You are responsible for all activities under your account and agree to keep your account username and password confidential.

VIII. User requirement

You agree to comply with all applicable laws when using this service and you may use the service only for lawful purposes. You agree that you do not transport illegal or harmful substances. Penalty or surcharge will be applied if you have cause damage to the car that is used to provide you this service. In some cases, you may be required to show your identification to use this service and you agree that you may not be able to use this service if you decline to provide such identification.

IX. SMS and newsletters

By creating an account, you agree that this service may send you an informational text message (SMS) for verification, promotions or newsletters purposes. You can opt out of receiving SMS from XAB anytime by sending an email to support @ XAB.com indicating that you no longer wish to receive such message on your registered mobile devices.

X. Promotion or discount code

By creating an account, you agree that this service may send you an informational text message (SMS) for verification, promotions or newsletters purposes. You can opt out of receiving SMS from XAB anytime by sending an email to support @ XAB.com indicating that you no longer wish to receive such message on your registered mobile devices.

XI. User-supplied content

XAB may, at its sole discretion, allow you to submit, upload, post or otherwise transmit text, audio and/or video content and information to XAB from time to time through the services, including comments and feedback about the service, sending requests for support, submitting competition and promotions related entry ("User Content"). Any user content you provide is your property. However, by providing user content to XAB, you grant XAB a perpetual, irrevocable, transferable, royalty-free agreement that gives XAB the right to operate in all forms and distributions known or to be presently arising use, reproduce, modify, derivative create, distribute, publicly display, publicly demonstrate and exploit such User Content in any form without the need of notify you otherwise or with your consent, and do not pay you or any other person or entity.

You warrant that you are the sole and exclusive owner of all User Content, and have all rights, licenses and consent required to allow XAB to use such User Content. The User Content that you submit, upload, publish will not infringe, misappropriate or violate the intellectual property or proprietary rights, rights of publicity or privacy of third parties or violate any applicable law or regulation.

XAB may, but is not obligated, to review, monitor or delete User Content at any time for any reason without notifying you.

XII. Use of network service and equipment

You are responsible for obtaining the necessary data network access to use this service. If you access or use the service through wireless devices, you may incur mobile internet data and information fees and charges, and you will have to pay such fees and charges. It is your responsibility to obtain and update the compatible hardware or equipment necessary to access and use the service and this application and any updates. XAB does not warrant that this service or any portion thereof will operate on any particular hardware or device. In addition, you understand that this service may encounter problems and delays inherent in the use of the Internet and electronic communications.

XIII. Payment

You understand that in the course of using this service, you may be required to pay the fare/fee for the ride consumed ("fee"). The fee will include applicable taxes as required by law (if any). Unless otherwise agreed by XAB, the fees you pay will be final and will not be refunded.

All fees will be charged according to the payment method specified in your account. After that a receipt will be sent to you with the travel details by email.

If your account payment method is expired, invalid or unaffordable, you agree that XAB will use the alternative payment method (if any) in your account.

If you need to pay for the charges incurred in your account but you are not aware of the fees or their amounts, XAB will, with reasonable effort, inform you of the costs that may accrue.

XAB may provide promotional prices and discounts to certain users from time to time, which may result in different charges for the same or similar services when using the service, and you agree that the promotional prices and discounts will not affect your use of the service or the fees you pay.

XIV. Repair or wash costs

XAB vehicles and its property resulting from normal use of this service under your account will be liable for damage (repair or cleaning) and/or necessary cleaning incurred that are not subject to normal "wear and tear". XAB reserves the right to charge such repair or cleaning through the payment method you specify in your account. Please refer to our website (www.xabhk.com) for the charges.

XV. Disclaimer

All services are provided on an “as is” and “current” basis. XAB disclaims all representations and warranties of any kind, whether express or imply as to condition, suitability, timeliness, availability, quality and fitness for any purposes are excluded to the fullest extent permitted by law, all risks associated with your use of the service and any related services are of your own relevance.

The information contained in the website/App is for general information purposes only. The information is provided by XAB and while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or imply, about the completeness, accuracy, reliability, suitability or availability with respect to the website/App or the information, products, services or related graphics contained on the website/App for any purpose.

XVI. Liability

XAB disclaims any liability for consequential, incidental, special, punitive, punitive or consequential damages, including profit lost, loss of data, personal injury or damage to property, arising out of, relating to, or arising out of the use of this service, even if XAB has been advised of the possibility of such damages. XAB SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, LIABILITIES OR LOSSES ARISING OUT OF (i) YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE; OR (ii) YOUR INTERNET ACCESS TO ANY THIRD PARTY PROVIDER. Even if XAB has been advised of the possibility of such damages. UBER SHALL NOT BE RESPONSIBLE FOR DELAYS OR INABILITY TO PROVIDE SERVICES WHICH MAY BE INCURRED BEYOND XAB'S CONTROL. In no event will XAB be liable for any damages, damages and legal proceeding caused by this service for a total of no more than HK$1,500.00. The limitation of the disclaimer and liability set out are not intended to limit you’re your rights as a consumer under the applicable law.

XVII. Compensation

You agree to indemnify and hold XAB and its officers, directors and employees harmless from any and all claims, demands, losses, obligations and expenses, including legal fees, caused by: (i) Your use of the service or the services obtained through the use of the service; (ii) Any breach or violation of any of the T&Cs; (iii) Use of User Content by XAB; or (iv) Your violation of any third party (including third party providers) rights.

XVIII. Notification

You may choose to cancel your request for your service fifteen (15) minutes before the estimated time arrival with no cancellation fee. For cancellation that initiated by you within fifteen (15) minutes, a cancellation fee of HK$25.00 is required and will charged to your account.

XIX. Cancellation policy

XAB may send notices by sending a general notice in the service, by sending an e-mail to the e-mail address you registered or by sending a written notice via the App to your account. On the other hand, if you want to notify XAB officially, you must send a written notification to XAB: support @ xabhk.com

XX. General terms

If any provision of these T&Cs is considered unlawful, invalid or unenforceable under any law in whole or in part, the provision or the relevant part shall be deemed not to belong to the T&Cs, the validity of the remaining provisions of the T&Cs and enforceability should not be affected. These T&Cs constitute the entire agreement and understanding between the parties with respect to their subject matter and replace and supersede all prior or contemporaneous agreements or commitments with respect to the subject matter. In this clause, the word "including" means "including but not limited to".