1. Contractual Relationship

These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (collectively, the “Services” as fully defined below) made available by HI-SPEED TECHNOLOGY LIMITED, a private limited liability company established in Hong Kong, having its offices at Hi-Speed Centre 1, 18 On Chuen Street, Fanling, N.T., H.K., registered at the Companies Registry under number 3095764 (“Hi-Speed”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and/or use of the Services constitutes that you have read, understand and agree to be bound by these Terms, which establishes a contractual relationship between you and Hi-Speed. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.
Hi-Speed may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Hi-Speed may amend the Terms related to the Services from time to time. Amendments will be effective upon Hi-Speed’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, whether or not reviewed by you, constitutes your consent to be bound by the Terms, as amended.

2. The Services

The Services constitute access to a technology platform (and any related content) that is offered by Hi-Speed in a number of forms, including mobile and/or web based applications (“Applications”). Among other things, the Applications will: (i) facilitate your connection to own delivery fleet (Delivery Fleet) or independent third party delivery partners (Delivery Partners) for the purchase of services from such Delivery Partners, including but not limited to transportation, logistics and/or delivery services; and (ii) enable you to receive any related content or services, including payment processing and user support. For certain request options associated with the logistics services, as a part of the services offered by the Delivery Fleet and/or Delivery Partners to you. Unless otherwise agreed by Hi-Speed in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

You acknowledge that:
(i) to the fullest extent permitted by law, Hi-Speed shall not be liable for the actions, negligence, conduct or omissions of any Delivery Partners in regards to the provision and delivery of the Items and does not assume any liability for the condition, standard and quality of the Items provided by the Delivery Partners or guarantees the accuracy or completeness of the information (including the information, photos or images of the Items displayed on the platform). Photos and images may be displayed on the platform for illustration purposes and are for your reference only and shall not form or be construed as being part of any offer, contract, representation or warranty, expressly or impliedly;
(ii) Delivery Partners are solely responsible for obtaining all applicable approvals, authorizations, consents and permissions from the relevant parties, regulatory bodies and government authorities for the purposes of providing the relevant services and Items (where applicable); and
(iii) Any safety or other related effort, feature, process, policy, standard or other effort undertaken by Hi-Speed or its affiliates, in the interests of public safety or maintenance of the quality of the Services (whether required by the applicable regulations or not), is not an indicium of an employment relationship with a Delivery Partner.
Subject to your compliance with these Terms, Hi-Speed grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable free-of-charge license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Hi-Speed and Hi-Speed’s licensors. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Hi-Speed; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts, including but not limited to web spiders, web crawlers, web ants, worms, web robots, bots, web indexers or viruses for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

3. Use of the Services

User Accounts

In order to use the Services, you are required to register for a personal user Services account (“Account”) with Hi-Speed. Account registration requires you to submit to Hi-Speed certain personal information, such as your name, address and mobile phone number, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Hi-Speed’s termination of these Terms with you. You are responsible for all activities that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Hi-Speed in writing, you may only possess one Account.

While using the Services you agree that:

(i) you will provide Hi-Speed with any proof of identity Hi-Speed may reasonably request;
(ii) the platform and Services provided will solely be used by you, for your personal use and will not be resold to any third party;
(iii) you will not authorize others to use your Account; (iv) you are only allowed to create a single Account;
(v) you cannot use an account that is subject to any rights of a person other than you without appropriate authorization;
(vi) Hi-Speed holds the right to include/exclude the Users from promotional offers;
(vii) you will not use the platform and/or the Services to access or attempt to access the account(s) of other Customer(s) or to penetrate or attempt to penetrate any security measures; or to advertise or promote third party or your own product(s) and/or service(s);
(viii) the Services cannot be used for unlawful purposes, including but not limited to (a) violation of Applicable Law; (b) storing or sending any unlawful material; (c) sharing of sensitive personal information of others, without their consent (d) causing intentional harm, nuisance, inconvenience or annoyance; (e impairing or harming the proper operation of the Services; (f) exhibiting the tenor of impersonating another person; or (g) copying or distributing the Services without the permission of Hi-Speed;
(ix) you will comply with all Relevant Laws while using the platform and/or the Services;
(x) you will not engage with the Delivery Partner outside of the platform directly or indirectly;
(xi) you will refrain from doing anything which Hi-Speed reasonably believe to be disreputable or capable of damaging Hi-Speed’s reputation; and
(xii) compensate and defend Hi-Speed fully against any claims or legal proceedings brought against Hi-Speed by any other person as a result of your breach of these Terms and/or Relevant Laws, whether or not referenced herein.

4. Charges and Payment

It is generally free to use the platform but Hi-Speed reserves the right to introduce a fee for the use of the platform. (If Hi-Speed introduce this fee, you will be notified and accordingly you can decide to continue or terminate your Account).

While using the Services you agree that:

(i) Hi-Speed shall charge you for the transportation services and/or other services provided to you by the Delivery Fleet and Delivery Partner. Payment of the charges in such manner shall be considered the same as payment made directly by you to the Delivery Fleet and Delivery Partner;
(ii) payment amounts quoted are in Hong Kong currency. Charges will be inclusive of applicable taxes where required by law;
(iii) payment transaction fees are covered by Hi-Speed and there are zero fees for the payor but Hi-Speed has the absolute right to revise the prices of any fees without giving prior notice;
(iv) as between you and Hi-Speed, Hi-Speed reserves the right to establish, remove and/or revise charges for any or all services or goods obtained through the use of the Services at any time, on behalf of the Delivery Partners.
(v) if your specified non-cash payment channel becomes disrupted or otherwise becomes unavailable at the time of settlement, you shall settle the then relevant completed order(s) immediately by way of cash to the Delivery Fleet and Delivery Partner.
(vi) Hi-Speed may from time to time provide certain users with promotional offers that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers, unless also made available to you, shall have no bearing on your use of the Services or the charges applied to you.
(vii) Hi-Speed does not designate any portion of your payment as a tip or gratuity to the Delivery Fleet and Delivery Partners. Any representation by Hi-Speed (on Hi-Speed’s website, in the Application, or in Hi-Speed’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services and/or goods provided is not intended to suggest that Hi-Speed provides any additional amounts, beyond those described above, to the Delivery Fleet and Delivery Partners. You understand and agree that, while you are free to provide additional payment as a gratuity to any Delivery Fleet and Delivery Partners who provides you with Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Delivery Fleet and Delivery Partners.

5. Promotions

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

6. Advertisements

The platform may contain Advertisements and links to third party websites and payment channels. you electronically agree to accept and receive communications from Hi-Speed including via email, text message, calls, and push notifications to the mobile device or cellphone number you provide to Hi-Speed. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Hi-Speed, its affiliated companies and/or third party contractors, including but not limited to communications concerning orders placed through your registration with respect to the Services. You may opt-out by changing your notification preferences. Please note that opting out may impact your use of the Services.

7. Disclaimers

The services are provided “as is” and “as available.” Hi-Speed disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Hi-Speed makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Hi-Speed does not guarantee the quality, suitability, safety or ability of Delivery Partners. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

Hi-Speed does not control, manage or direct any Delivery Partners. Delivery Partners are not employees of Hi-Speed. Hi-Speed shall not be responsible for any act or omission by any Delivery Partners. Hi-Speed does not control, endorse or take responsibility for any user content or third party content available on or linked to by the services. Hi-Speed cannot and does not represent or warrant that the services or servers are free of viruses or other harmful components.

Hi-Speed does not control, endorse or take responsibility for any user content or third party content available on or linked to by the services. Hi-Speed cannot and does not represent or warrant that the services or servers are free of viruses or other harmful components.

8. Limitation of Liability

Hi-Speed shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Hi-Speed has been advised of the possibility of such damages. Hi-Speed shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any Delivery Partner, even if Hi-Speed has been advised of the possibility of such damages. Hi-Speed shall not be liable for delay or failure in performance resulting from causes beyond Hi-Speed’s reasonable control. You acknowledge that third party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted. Hi-Speed’s liability shall be limited to the extent permitted by law.

Hi-Speed’s services may be used by you to request and schedule transportation, goods or logistics services with Delivery Partners, but you agree that Hi-Speed has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by Delivery Partners other than as expressly set forth in these terms.

The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law

9. Indemnity

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

10. Governing Law

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Hong Kong. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration.

11. General

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

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

If any provision under these Terms is rendered void, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected by it and shall continue to apply.

12. Language Versions

In the event of any inconsistency between the English text and any regional language translation, the English text shall prevail.