Terms and conditions
This Contract is a vehicle-sharing service subscription contract between Your Car and the Member. All Members are required to accept and comply with the terms and conditions set forth herein. By accepting the terms and conditions of this Contract and using Your Car's services you accept and agree to comply with the terms and conditions of this Contract, as it may be amended from time to time as provided herein.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS CONTRACT, THEN YOU ARE NOT AUTHORISED TO USE ANY OF YOUR CAR'S VEHICLES OR SERVICES.
If you have any questions regarding this Contract, please contact us via email at info@yourcar.com.hk or by telephone at (852) 3955 8965.
Your Car reserves the right to change the terms of this Contract, including the associated Schedules, from time to time. We will give notice of changes to Members in a timely manner. Unless we designate a different date for effectiveness, such changes will be effective when notice is given to Members and notice will be considered given when such notice is indicated and accessible from the first page accessed after the Member log-on, when it is provided by email to the Member's address on file with Your Car, or it is provided via our newsletter. You agree that the amended terms and conditions of this Contract shall be effective and binding on you upon the effective date indicated in such notice or on such other date as Your Car may designate in its notice.
In this Contract, the following definitions apply:
1.1
"Member" or "you": The person or organisation registered as the First Member and, unless specifically indicated otherwise in this Contract, each Associate Member.
1.2
"First Member": The person or organisation designated to receive and pay all fees, charges and other costs associated with membership, including application fees, membership fees, driving charges and other costs or fees as indicated in the Rules and Schedules described below.
1.3
"Associate Member": Any approved Your Car Member who is authorised by the First Member to use Your Car's service under the terms of this Contract. Additional driving record/insurance verification, application and/or membership fees may apply for Associate Members.
1.4
"Contract": This Membership Contract and its Schedules, whether made available in print or electronically through Your Car's websites. The Schedules are an integral part of this Contract.
1.5
"Rules": All the rules, guidelines or policies of Your Car related to a Member's use of the Your Car service, whether set forth in this Contract, appearing elsewhere on Your Car's websites or otherwise issued from time to time by Your Car, including specifically and without limitation those set forth in Schedule 1: Rules for Vehicle Use
1.6
"Schedules": All the schedules, rate plans and polices referenced in or incorporated into this Contract.
1.7
"Vehicles": All vehicles arranged through Your Car to be reserved and used by its members. These vehicles may or may not belong to Your Car but they are all maintained according to Your Car’s standards and policies.
2.1
This Contract is a vehicle-sharing service subscription contract offered by YourCar Technologies Limited 你駕車科技有限公司 trading as Your Car, but does not in itself confer any right to use any Your Car vehicles. A Member may only use Your Car's vehicles, to the extent available, in accordance with the terms of this Contract and subject to paying all applicable fees and charges.
2.2
Your Car is the owner of any item it provides to the Member or puts at the Member's disposal during the term of this Contract, including specifically and without limitation, all Your Car vehicles, mobile and web based applications and the Member's access card ("Member Card"). The Member's use of and rights in relation to any Your Car vehicle or item provided by Your Car under this Contract are limited to those rights of use stated in this Contract.
This Contract is a vehicle-sharing service subscription contract offered by YourCar Technologies Limited 你駕車科技有限公司 trading as Your Car, but does not in itself confer any right to use any Your Car vehicles. A Member may only use Your Car's vehicles, to the extent available, in accordance with the terms of this Contract and subject to paying all applicable fees and charges.
2.2
Your Car is the owner of any item it provides to the Member or puts at the Member's disposal during the term of this Contract, including specifically and without limitation, all Your Car vehicles, mobile and web based applications and the Member's access card ("Member Card"). The Member's use of and rights in relation to any Your Car vehicle or item provided by Your Car under this Contract are limited to those rights of use stated in this Contract.
3.1
To be eligible for Your Car services, all Members must：
3.2
Satisfying the foregoing criteria does not automatically give an applicant the right to become a Your Car Member. Acceptance of the applicant's membership is subject to approval by Your Car in its sole discretion and, without limiting the foregoing, membership may be denied based upon additional criteria established from time to time by Your Car and/or its insurance providers. In addition, even if approved for membership, a Member may be restricted from driving certain Your Car vehicles based upon the Member's driving history and experience or the membership/driving plan selected by the Member.
To be eligible for Your Car services, all Members must：
- Age:
- 25 years of age or over
- If you are over 60 years of age, you must have had at least two years of driving experience in the past five years and have no record of traffic incidents or criminal convictions
- Have a driving record that meets the following requirements:
- Have held a full driving licence for a minimum of 12 months.
- Have no more than 10 penalty points on your driving licence.
- If under 30 years of age have no more than 5 penalty points on your driving licence.
- Have had no major violations in the past three years.
- Have had no alcohol or drug related violations in the past seven years.
- Accurately, truthfully and fully complete the application process with Your Car and deliver all information and documents requested in the application or otherwise.
3.2
Satisfying the foregoing criteria does not automatically give an applicant the right to become a Your Car Member. Acceptance of the applicant's membership is subject to approval by Your Car in its sole discretion and, without limiting the foregoing, membership may be denied based upon additional criteria established from time to time by Your Car and/or its insurance providers. In addition, even if approved for membership, a Member may be restricted from driving certain Your Car vehicles based upon the Member's driving history and experience or the membership/driving plan selected by the Member.
4.1
The Member promises to pay Your Car all applicable driving record/insurance verification, application and membership fees associated with the Member's driving/membership plan. Driving record/insurance verification and application fees (if applicable) are not refundable, regardless of whether or not the application is accepted by Your Car or a Member's membership terminates and new verification/application fees may be payable if a new membership application is resubmitted more than thirty (30) days after a Member's account with Your Car is closed. If your driving/membership plan includes an annual or monthly fee, your initial membership fee will be charged to you within five days of membership approval, regardless of whether you activate your Member Card, and will only be refundable if you terminate your membership within the first seven (7) days following membership approval. Certain restrictions apply. If at any time you wish to cancel your Your Car membership, please call us at (852) 3955 8965.
Certain membership plans renew every month. Following approval of the Member by Your Car for a monthly renewing plan, the Member's credit or debit card will be automatically charged every month, even if the Member's Your Card is not activated. Monthly payments associated with such plans are non-refundable and any driving credits associated with the monthly fee expires at the end of each month if not used and may not be carried into future months.
4.2
The Member is required to pay all fees and costs incurred (including fees and costs incurred by Associate Members) when due, including, without limitation, application fees, driving record/insurance verification fees, membership fees (which are automatically charged when due), driving charges (including but not limited to mileage overage and surcharge and/or toll fees, sales, value added taxes and other taxes and levies on any of the fees, costs and charges incurred by a Member, and other costs and fees as provided in the Rules and Schedules and the Member's driving/membership plan. Members are billed for amounts due via credit or debit card or other means as established by Your Car. Any Member account which is past due will be suspended; however, any reservations booked in advance shall still be charged to the Member if not timely cancelled by the Member. If payment of any amount due is rejected by the credit or debit card provided by the Member, membership, and the use of Your Car's services, may be suspended. Members are responsible for providing and maintaining current credit card or debit card information on file with Your Car. Ongoing issues with credit or debit card billings may result in termination of membership. Under no circumstances will Your Car be responsible for any overdraft or other fees charged by a Member's credit card company or bank. For past due accounts, Your Car may also change when payment is due and/or terminate the Member's account. In addition, Your Car may utilise third parties to collect amounts owed to Your Car by a Member and the Member will also be responsible for any collection or similar fees associated with these collection activities. Your Car also reserves the right to charge interest on overdue charges at the Hong Kong Monetary Authority Base Rate + 4%.
4.3
Members are responsible for providing and maintaining current email, mobile phone, preferred search address, mailing address and other account information. Telephone calls, and email correspondence and social media communications with Your Car may be recorded or monitored. By using these communication methods you are consenting to the recording or monitoring of your calls, emails and social media communications.
4.4
By applying for membership, each applicant authorises Your Car to obtain his/her driver's records from the jurisdiction in which the applicant is licenced. Members who do not have a Hong Kong driving licence must comply with the legal requirements for driving in Hong Kong on a foreign licence. In addition, Your Car may at any time require Members to demonstrate compliance with the licencing laws of their jurisdiction of residence and/or impose further policies regarding the obligation to be licenced in their jurisdiction of residence. Your Car reserves the right to request additional information, such as a copy of a passport or proof of address at any time. Because driving a Your Car vehicle requires maintaining a good driver's record, Your Car may, from time to time, check Members' driving records and reserves the right, at its sole discretion, to suspend or terminate the Membership of any Member who does not meet Your Car's eligibility requirements. If the Member's licence is suspended or revoked or becomes invalid, if the Member has any further endorsements or accidents on their driving record or if the Member is convicted of or receives a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, the Member agrees to report such suspension, revocation, changes, conviction or citation to Your Car promptly. Failure to notify Your Car of any such events may lead to the Member not being covered by Your Car's insurance policy when driving a Your Car vehicle and/or termination of membership.
4.5
Members are not allowed to drive any YourCar vehicles when the Typhoon signal No. 8 or above, the red Rainstorm signal or the Black Rainstorm signal is in effect. Should the Hong Kong Observatory announce that the Typhoon signal No. 8 or above, the red Rainstorm signal or the Black Rainstorm signal is likely to be hoisted at a certain time, any active vehicle reservations will be processed according to the following methods:
The Member promises to pay Your Car all applicable driving record/insurance verification, application and membership fees associated with the Member's driving/membership plan. Driving record/insurance verification and application fees (if applicable) are not refundable, regardless of whether or not the application is accepted by Your Car or a Member's membership terminates and new verification/application fees may be payable if a new membership application is resubmitted more than thirty (30) days after a Member's account with Your Car is closed. If your driving/membership plan includes an annual or monthly fee, your initial membership fee will be charged to you within five days of membership approval, regardless of whether you activate your Member Card, and will only be refundable if you terminate your membership within the first seven (7) days following membership approval. Certain restrictions apply. If at any time you wish to cancel your Your Car membership, please call us at (852) 3955 8965.
Certain membership plans renew every month. Following approval of the Member by Your Car for a monthly renewing plan, the Member's credit or debit card will be automatically charged every month, even if the Member's Your Card is not activated. Monthly payments associated with such plans are non-refundable and any driving credits associated with the monthly fee expires at the end of each month if not used and may not be carried into future months.
4.2
The Member is required to pay all fees and costs incurred (including fees and costs incurred by Associate Members) when due, including, without limitation, application fees, driving record/insurance verification fees, membership fees (which are automatically charged when due), driving charges (including but not limited to mileage overage and surcharge and/or toll fees, sales, value added taxes and other taxes and levies on any of the fees, costs and charges incurred by a Member, and other costs and fees as provided in the Rules and Schedules and the Member's driving/membership plan. Members are billed for amounts due via credit or debit card or other means as established by Your Car. Any Member account which is past due will be suspended; however, any reservations booked in advance shall still be charged to the Member if not timely cancelled by the Member. If payment of any amount due is rejected by the credit or debit card provided by the Member, membership, and the use of Your Car's services, may be suspended. Members are responsible for providing and maintaining current credit card or debit card information on file with Your Car. Ongoing issues with credit or debit card billings may result in termination of membership. Under no circumstances will Your Car be responsible for any overdraft or other fees charged by a Member's credit card company or bank. For past due accounts, Your Car may also change when payment is due and/or terminate the Member's account. In addition, Your Car may utilise third parties to collect amounts owed to Your Car by a Member and the Member will also be responsible for any collection or similar fees associated with these collection activities. Your Car also reserves the right to charge interest on overdue charges at the Hong Kong Monetary Authority Base Rate + 4%.
4.3
Members are responsible for providing and maintaining current email, mobile phone, preferred search address, mailing address and other account information. Telephone calls, and email correspondence and social media communications with Your Car may be recorded or monitored. By using these communication methods you are consenting to the recording or monitoring of your calls, emails and social media communications.
4.4
By applying for membership, each applicant authorises Your Car to obtain his/her driver's records from the jurisdiction in which the applicant is licenced. Members who do not have a Hong Kong driving licence must comply with the legal requirements for driving in Hong Kong on a foreign licence. In addition, Your Car may at any time require Members to demonstrate compliance with the licencing laws of their jurisdiction of residence and/or impose further policies regarding the obligation to be licenced in their jurisdiction of residence. Your Car reserves the right to request additional information, such as a copy of a passport or proof of address at any time. Because driving a Your Car vehicle requires maintaining a good driver's record, Your Car may, from time to time, check Members' driving records and reserves the right, at its sole discretion, to suspend or terminate the Membership of any Member who does not meet Your Car's eligibility requirements. If the Member's licence is suspended or revoked or becomes invalid, if the Member has any further endorsements or accidents on their driving record or if the Member is convicted of or receives a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, the Member agrees to report such suspension, revocation, changes, conviction or citation to Your Car promptly. Failure to notify Your Car of any such events may lead to the Member not being covered by Your Car's insurance policy when driving a Your Car vehicle and/or termination of membership.
4.5
Members are not allowed to drive any YourCar vehicles when the Typhoon signal No. 8 or above, the red Rainstorm signal or the Black Rainstorm signal is in effect. Should the Hong Kong Observatory announce that the Typhoon signal No. 8 or above, the red Rainstorm signal or the Black Rainstorm signal is likely to be hoisted at a certain time, any active vehicle reservations will be processed according to the following methods:
| Weather condition | Reservation status | Steps to be taken |
| The Hong Kong Observatory (HKO) has announced that Typhoon signal No. 8 or above or the Black Rainstorm signal is likely to be issued | Reservations that have already begun |
|
| Reservations that have not yet started |
|
|
| Typhoon Signal No. 8 or above, the Red Rainstorm signal or the Black Rainstorm signal has been issued by the HKO | All reservations |
|
| The HKO has lowered Typhoon Signal No. 8 or the Red Rainstorm signal | All reservations |
|
5.1
Damages Generally: A Member is responsible for any and all damage that occurs to a Your Car vehicle while in the Member's possession or control (including the entire time the vehicle is reserved under the Member's account), even if damage is weather-related, caused by a third party or arises from similar causes, and is responsible for the full value of any damages or injuries caused to third parties or their property. Such damages include, without limitation, the repair costs (estimated or actual) for the Your Car vehicle and third party property, injuries to third parties, costs associated with the recovery or transportation of Your Car vehicles, and the loss of use of Your Car vehicles or third party property. However, as described in Section 6 below, Your Car provides insurance that, in general, covers most damages arising from a Member's use of Your Car vehicles and the Member's liability for damages will generally be limited to the Damage Fee described in Section 5.2 below. If, however, a Member fails to abide by the terms and conditions of this Contract, the insurance coverage Your Car provides may not apply, which may make the Member responsible for the full cost of any accident or incident and any damage arising from such accident or incident. For example, a Member permitting or enabling a non-Member to drive a Your Car vehicle will be responsible for all damage and costs incurred as a result of the non-Member's use.
5.2
Damage Fee: Assuming a Member's compliance with all of the terms and conditions of this Contract, the Member's responsibility for the damages described in Section 5.1 shall be limited to the damage fee (the "Damage Fee") associated with the Member's driving/membership plan and/or the type of Your Car vehicle used by the Member. Members will be responsible for up to the full amount of the Damage Fee for actual, estimated or projected expenses, whether or not an actual claim is made or processed.
5.3
If the member fails to pay the "Damage Fee" within 7 days after the completion of the repair, YourCar Technologies Ltd. reserves the right to recover the legal annual interest rate for the failure to pay the Damage Fee.
Damages Generally: A Member is responsible for any and all damage that occurs to a Your Car vehicle while in the Member's possession or control (including the entire time the vehicle is reserved under the Member's account), even if damage is weather-related, caused by a third party or arises from similar causes, and is responsible for the full value of any damages or injuries caused to third parties or their property. Such damages include, without limitation, the repair costs (estimated or actual) for the Your Car vehicle and third party property, injuries to third parties, costs associated with the recovery or transportation of Your Car vehicles, and the loss of use of Your Car vehicles or third party property. However, as described in Section 6 below, Your Car provides insurance that, in general, covers most damages arising from a Member's use of Your Car vehicles and the Member's liability for damages will generally be limited to the Damage Fee described in Section 5.2 below. If, however, a Member fails to abide by the terms and conditions of this Contract, the insurance coverage Your Car provides may not apply, which may make the Member responsible for the full cost of any accident or incident and any damage arising from such accident or incident. For example, a Member permitting or enabling a non-Member to drive a Your Car vehicle will be responsible for all damage and costs incurred as a result of the non-Member's use.
5.2
Damage Fee: Assuming a Member's compliance with all of the terms and conditions of this Contract, the Member's responsibility for the damages described in Section 5.1 shall be limited to the damage fee (the "Damage Fee") associated with the Member's driving/membership plan and/or the type of Your Car vehicle used by the Member. Members will be responsible for up to the full amount of the Damage Fee for actual, estimated or projected expenses, whether or not an actual claim is made or processed.
5.3
If the member fails to pay the "Damage Fee" within 7 days after the completion of the repair, YourCar Technologies Ltd. reserves the right to recover the legal annual interest rate for the failure to pay the Damage Fee.
6.1
Any active Your Car Member in good standing will be provided with comprehensive motor cover when driving a Your Car vehicle, subject to the Member fulfilling their obligations as set out in this Contract.
6.2
A valid member is the "owner of the vehicle" from the beginning of renting the vehicle that has been reserved for you to drive until the end of the period of renting the vehicle that has been reserved for you to drive.
6.3
If you cause a traffic accident in the process of using Your Car vehicle, valid members need to use the car insurance provided by Your Car. The member must submit the official version of the insurance claim form and the relevant deductible within 10 days after the traffic accident. If you fail to submit the insurance claim form and pay the relevant deductible after the time limit, Your Car Technology Co., Ltd. reserves the right to recover the legal annual interest rate for the failure to pay the deductible, and the insurance company reserves the right to retain the insurance.
For details of deductibles, please refer to FAQs > Insurance and Damage
6.4
When using our vehicles, and having adhered to all terms and conditions in this contract or on our website, members will be covered by our motor insurance policies. Indemnity is granted under the Your Car insurance policy to the Member and is subject to all its terms, conditions and exclusions.
6.5
Subject to the Damage Fee described in Section 5.2 above, there is cover for loss or damage to the Your Car vehicle. However there is no cover for any damage caused by unreasonable carelessness or negligence. In these instances the Member will be fully liable for the cost of repair and/or replacement and any related costs. In addition, the following items are not covered: damage to a Your Car vehicle's tyres, windscreens, windows or fuel contamination. Members will be fully liable for the cost of any such repairs including replacement parts.
6.6
In addition, there is no cover for the theft of personal belongings from a Your Car vehicle, or any personal accident benefits.
6.7
In addition, there is no cover for any non-member or person driving any vehicle belonging to the company without the company’s consent, resulting in any property loss and personal injury caused by any traffic accident. The member or person shall be liable for All damage compensation and legal responsibility.
6.8
If a member is involved in any traffic accident while using the vehicle you are driving, you must immediately notify our company and the insurance company and follow the instructions of the company and the insurance company, otherwise the insurance company has the right to refuse compensation.
(1) When members receive any confession papers, accusation letters, court letters or police documents/third party letters, etc., they must immediately notify and submit them to our insurance company. Without the consent of the insurance company, do not submit them to any third party. Unless the three make any commitment or go to court on their own, the insurance company has the right to refuse compensation.尸
(2) If a member needs to hire a lawyer to handle a traffic accident caused by the use of your vehicle, he must immediately notify our company and the insurance company for consent, otherwise the insurance company has the right to refuse compensation.
6.9
The insurance policy of Your Car vehicles are not valid for any car to be driven when the Typhoon signal No. 8 or above, the Red Rainstorm Signal or the Black Rainstorm Signal is in effect.
Any active Your Car Member in good standing will be provided with comprehensive motor cover when driving a Your Car vehicle, subject to the Member fulfilling their obligations as set out in this Contract.
6.2
A valid member is the "owner of the vehicle" from the beginning of renting the vehicle that has been reserved for you to drive until the end of the period of renting the vehicle that has been reserved for you to drive.
6.3
If you cause a traffic accident in the process of using Your Car vehicle, valid members need to use the car insurance provided by Your Car. The member must submit the official version of the insurance claim form and the relevant deductible within 10 days after the traffic accident. If you fail to submit the insurance claim form and pay the relevant deductible after the time limit, Your Car Technology Co., Ltd. reserves the right to recover the legal annual interest rate for the failure to pay the deductible, and the insurance company reserves the right to retain the insurance.
For details of deductibles, please refer to FAQs > Insurance and Damage
6.4
When using our vehicles, and having adhered to all terms and conditions in this contract or on our website, members will be covered by our motor insurance policies. Indemnity is granted under the Your Car insurance policy to the Member and is subject to all its terms, conditions and exclusions.
6.5
Subject to the Damage Fee described in Section 5.2 above, there is cover for loss or damage to the Your Car vehicle. However there is no cover for any damage caused by unreasonable carelessness or negligence. In these instances the Member will be fully liable for the cost of repair and/or replacement and any related costs. In addition, the following items are not covered: damage to a Your Car vehicle's tyres, windscreens, windows or fuel contamination. Members will be fully liable for the cost of any such repairs including replacement parts.
6.6
In addition, there is no cover for the theft of personal belongings from a Your Car vehicle, or any personal accident benefits.
6.7
In addition, there is no cover for any non-member or person driving any vehicle belonging to the company without the company’s consent, resulting in any property loss and personal injury caused by any traffic accident. The member or person shall be liable for All damage compensation and legal responsibility.
6.8
If a member is involved in any traffic accident while using the vehicle you are driving, you must immediately notify our company and the insurance company and follow the instructions of the company and the insurance company, otherwise the insurance company has the right to refuse compensation.
(1) When members receive any confession papers, accusation letters, court letters or police documents/third party letters, etc., they must immediately notify and submit them to our insurance company. Without the consent of the insurance company, do not submit them to any third party. Unless the three make any commitment or go to court on their own, the insurance company has the right to refuse compensation.尸
(2) If a member needs to hire a lawyer to handle a traffic accident caused by the use of your vehicle, he must immediately notify our company and the insurance company for consent, otherwise the insurance company has the right to refuse compensation.
6.9
The insurance policy of Your Car vehicles are not valid for any car to be driven when the Typhoon signal No. 8 or above, the Red Rainstorm Signal or the Black Rainstorm Signal is in effect.
7.1
This Contract shall commence upon the acceptance by Your Car of the Member's completed membership application and the payment by the Member of any applicable fees. The term of this Contract shall continue until such time as membership is cancelled in accordance with this Section 7. A Member may terminate membership and all associate memberships upon one day prior notice by calling us at (852) 3955 8965. No monthly, annual, application, driving records/insurance verification or similar fee will be refunded in the event of termination by the Member, except as specifically provided in this Contract. In addition to the termination provisions set forth in Section 7.2 below, Your Car may terminate this Contract at any time, with or without reason, upon refunding any membership fees related to any unexpired membership period to the Member. With respect to any termination or cancellation of this Contract, the Member shall remain responsible for any fees, costs or expenses incurred prior to termination of this Contract.
7.2
Your Car may also, upon notice to the Member or any Associate Member, immediately terminate this Contract if the Member or any Associate Member
(a) fails to pay any sum due under this Contract,
(b) fails to comply with any term or condition specified in the Contract or any Rules,
(c) is involved in an incident with a Your Car vehicle that, in Your Car's reasonable discretion, renders the Member or Associate Member ineligible or inappropriate for continued membership,
(d) engages in any activities or conduct that Your Car, in its reasonable discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable; or
(e) is not paying the Member's debts as such debts generally become due, becomes insolvent, files or has filed against the Member a petition (or other document) under any bankruptcy or insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition (or document), proposes any dissolution, liquidation, composition, financial reorganisation or recapitalisation with creditors, makes a general assignment or trust mortgage for the benefit of creditors, or if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of the Member's property or business.
No membership or other fees will be refunded in the event of termination pursuant to this Section 7.2.
7.3
Upon termination, all of the Member's and Associate Member's rights to use Your Car's services and vehicles shall immediately terminate. The Member agrees to return immediately to Your Car any vehicle or any other property of Your Car that the Member has in the Member's possession, including, if requested, all Member Cards. Additionally, the Member shall be responsible for and agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this Contract, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to Your Car).
This Contract shall commence upon the acceptance by Your Car of the Member's completed membership application and the payment by the Member of any applicable fees. The term of this Contract shall continue until such time as membership is cancelled in accordance with this Section 7. A Member may terminate membership and all associate memberships upon one day prior notice by calling us at (852) 3955 8965. No monthly, annual, application, driving records/insurance verification or similar fee will be refunded in the event of termination by the Member, except as specifically provided in this Contract. In addition to the termination provisions set forth in Section 7.2 below, Your Car may terminate this Contract at any time, with or without reason, upon refunding any membership fees related to any unexpired membership period to the Member. With respect to any termination or cancellation of this Contract, the Member shall remain responsible for any fees, costs or expenses incurred prior to termination of this Contract.
7.2
Your Car may also, upon notice to the Member or any Associate Member, immediately terminate this Contract if the Member or any Associate Member
(a) fails to pay any sum due under this Contract,
(b) fails to comply with any term or condition specified in the Contract or any Rules,
(c) is involved in an incident with a Your Car vehicle that, in Your Car's reasonable discretion, renders the Member or Associate Member ineligible or inappropriate for continued membership,
(d) engages in any activities or conduct that Your Car, in its reasonable discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable; or
(e) is not paying the Member's debts as such debts generally become due, becomes insolvent, files or has filed against the Member a petition (or other document) under any bankruptcy or insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition (or document), proposes any dissolution, liquidation, composition, financial reorganisation or recapitalisation with creditors, makes a general assignment or trust mortgage for the benefit of creditors, or if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of the Member's property or business.
No membership or other fees will be refunded in the event of termination pursuant to this Section 7.2.
7.3
Upon termination, all of the Member's and Associate Member's rights to use Your Car's services and vehicles shall immediately terminate. The Member agrees to return immediately to Your Car any vehicle or any other property of Your Car that the Member has in the Member's possession, including, if requested, all Member Cards. Additionally, the Member shall be responsible for and agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this Contract, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to Your Car).
8.1
Subject to clause 8.5 below, Your Car shall not be responsible for any loss of, or damage to, any goods in or on the vehicle or in or on any third party vehicle (unless any loss or damage is due to our negligence or failure to carry out our responsibility).
8.2
Subject to 8.5 below, Your Car shall not be responsible for any personal injury or death in relation to you or any third party arising from the use of a Your Car vehicle.
8.3
Subject to clause 8.5 below, Your Car is not liable to a Member under or in connection with this Agreement whether for tort (including negligence), breach of contract, misrepresentation or otherwise, for:
a.
Loss or damage incurred by the Member as a result of any claims made by a third party, unless such loss or damage incurred is due to our negligence or failure to carry out our responsibility;
b.
Loss or damage incurred by the Member arising from or in relation to either (i) the reservation, non-availability, supply, operation or use of a Your Car vehicle or (ii) any vehicle accessories whether supplied by Your Car or by a Member (luggage racks, bicycle racks, baby seats and the like – the Member is responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless such loss or damage incurred is due to our negligence or failure to carry out our responsibility;
c.
Loss of profit, revenue, goodwill, business opportunity or anticipated saving suffered by the Member; or
d.
Any indirect or consequential loss or damage suffered by the Member (even if foreseeable or if Your Car has been advised of the possibility of such losses).
8.4
Subject to 8.5 below, in no event shall Your Car's total aggregate liability under or in connection with this Agreement, whether for tort (including negligence), breach of contract, misrepresentation or otherwise:
甲.
for third party property damage, exceed the amount of 5,000,000; and
乙.
for all other loss or damage, exceed an amount equal to the aggregate membership and vehicle usage fees paid and payable by the Member during the 12 month period prior to the first date on which an event giving rise to the liability occurred.
8.5
Nothing in this Agreement shall limit or exclude Your Car's liability for personal injury or death arising out of its negligence or Your Car's fraud.
Subject to clause 8.5 below, Your Car shall not be responsible for any loss of, or damage to, any goods in or on the vehicle or in or on any third party vehicle (unless any loss or damage is due to our negligence or failure to carry out our responsibility).
8.2
Subject to 8.5 below, Your Car shall not be responsible for any personal injury or death in relation to you or any third party arising from the use of a Your Car vehicle.
8.3
Subject to clause 8.5 below, Your Car is not liable to a Member under or in connection with this Agreement whether for tort (including negligence), breach of contract, misrepresentation or otherwise, for:
a.
Loss or damage incurred by the Member as a result of any claims made by a third party, unless such loss or damage incurred is due to our negligence or failure to carry out our responsibility;
b.
Loss or damage incurred by the Member arising from or in relation to either (i) the reservation, non-availability, supply, operation or use of a Your Car vehicle or (ii) any vehicle accessories whether supplied by Your Car or by a Member (luggage racks, bicycle racks, baby seats and the like – the Member is responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless such loss or damage incurred is due to our negligence or failure to carry out our responsibility;
c.
Loss of profit, revenue, goodwill, business opportunity or anticipated saving suffered by the Member; or
d.
Any indirect or consequential loss or damage suffered by the Member (even if foreseeable or if Your Car has been advised of the possibility of such losses).
8.4
Subject to 8.5 below, in no event shall Your Car's total aggregate liability under or in connection with this Agreement, whether for tort (including negligence), breach of contract, misrepresentation or otherwise:
甲.
for third party property damage, exceed the amount of 5,000,000; and
乙.
for all other loss or damage, exceed an amount equal to the aggregate membership and vehicle usage fees paid and payable by the Member during the 12 month period prior to the first date on which an event giving rise to the liability occurred.
8.5
Nothing in this Agreement shall limit or exclude Your Car's liability for personal injury or death arising out of its negligence or Your Car's fraud.
9.1
By applying for membership and becoming a Your Car Member, the Member represents and warrants to Your Car that the Member has received all explanations as the Member may have reasonably requested concerning the content of this Contract, including all Schedules, and that the Member has carefully reviewed and understands the Member's commitments and obligations hereunder. The Member also represents that the Member has reviewed and understands the Your Car Privacy Policy and acknowledges that any information shared by, or collected from or about, the Member may be used by Your Car in accordance with the terms of the Privacy Policy as it may be amended from time to time.
9.2
The rights granted to the Member or Associate Members under this Contract are not assignable or transferable, in whole or in part. Any attempt to transfer this Contract without the written consent of Your Car shall be void and of no force and effect.
9.3
No delay or omission by Your Car to exercise any right or power occurring upon any noncompliance or default by the Member with respect to any of the terms of this Contract shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Your Car of any covenant, condition, or agreement to be performed by the Member shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Contract shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
9.4
If any term, provision, covenant or condition of this Contract is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Contract had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
9.5
Notwithstanding the Contracts (Rights of Third Parties) Ordinance when it becomes effective and/or any comparable law in any jurisdiction, this contract and its associated schedules are personal to and are made solely for the benefit of the parties to them and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any term of this contract is expressly excluded and no terms of this contract is, or is intended to be, enforceable by any person not being a party to them. Notwithstanding the foregoing in this paragraph, third party rights under these terms and conditions shall be enforceable by YourCar Technologies Limited (“YourCar”) and/or an entity which, as at the time of enforcement, is a direct or indirect subsidiary of YourCar in accordance with the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this contract, or any term of this contract, is not subject to the consent of any third party (including YourCar and/or any of the wholly-owned subsidiaries at all times). The term “subsidiary” shall have the same meanings as in section 15 of the Companies Ordinance (Chapter 622) as amended from time to time.
9.6
This Contract is governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). All disputes hereunder shall be resolved solely in Hong Kong courts. The parties hereby consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defences otherwise available.
9.7
In the case of any discrepancy between the English version and any other translated version of this Contract, the English version shall prevail.
9.8
Any notices or communication required or permitted to be given to the Member shall be in writing and shall be sufficiently given if delivered by email or mailed to the Member at the email or postage address provided to Your Car in the Member's completed application or as updated by the Member and on file with Your Car. Any notices or communication required or permitted to be given to Your Car shall be in writing and shall be sufficiently given if delivered via email or sent by registered post as follows:
Your Car
YourCar Technologies Limited
Unit H-I, 3/F, On Ho Industrial Building
17-19 Shing Wan Road, Shatin, N.T.
Email Address: info@yourcar.com.hk
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted.
By applying for membership and becoming a Your Car Member, the Member represents and warrants to Your Car that the Member has received all explanations as the Member may have reasonably requested concerning the content of this Contract, including all Schedules, and that the Member has carefully reviewed and understands the Member's commitments and obligations hereunder. The Member also represents that the Member has reviewed and understands the Your Car Privacy Policy and acknowledges that any information shared by, or collected from or about, the Member may be used by Your Car in accordance with the terms of the Privacy Policy as it may be amended from time to time.
9.2
The rights granted to the Member or Associate Members under this Contract are not assignable or transferable, in whole or in part. Any attempt to transfer this Contract without the written consent of Your Car shall be void and of no force and effect.
9.3
No delay or omission by Your Car to exercise any right or power occurring upon any noncompliance or default by the Member with respect to any of the terms of this Contract shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Your Car of any covenant, condition, or agreement to be performed by the Member shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Contract shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
9.4
If any term, provision, covenant or condition of this Contract is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Contract had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
9.5
Notwithstanding the Contracts (Rights of Third Parties) Ordinance when it becomes effective and/or any comparable law in any jurisdiction, this contract and its associated schedules are personal to and are made solely for the benefit of the parties to them and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any term of this contract is expressly excluded and no terms of this contract is, or is intended to be, enforceable by any person not being a party to them. Notwithstanding the foregoing in this paragraph, third party rights under these terms and conditions shall be enforceable by YourCar Technologies Limited (“YourCar”) and/or an entity which, as at the time of enforcement, is a direct or indirect subsidiary of YourCar in accordance with the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this contract, or any term of this contract, is not subject to the consent of any third party (including YourCar and/or any of the wholly-owned subsidiaries at all times). The term “subsidiary” shall have the same meanings as in section 15 of the Companies Ordinance (Chapter 622) as amended from time to time.
9.6
This Contract is governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). All disputes hereunder shall be resolved solely in Hong Kong courts. The parties hereby consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defences otherwise available.
9.7
In the case of any discrepancy between the English version and any other translated version of this Contract, the English version shall prevail.
9.8
Any notices or communication required or permitted to be given to the Member shall be in writing and shall be sufficiently given if delivered by email or mailed to the Member at the email or postage address provided to Your Car in the Member's completed application or as updated by the Member and on file with Your Car. Any notices or communication required or permitted to be given to Your Car shall be in writing and shall be sufficiently given if delivered via email or sent by registered post as follows:
Your Car
YourCar Technologies Limited
Unit H-I, 3/F, On Ho Industrial Building
17-19 Shing Wan Road, Shatin, N.T.
Email Address: info@yourcar.com.hk
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted.
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