These Terms of Service (“Terms”) govern the access or use by you of applications, websites, content, products, and services (the “Services”) made available by Temis Luxury Asia Limited.
Please read these terms carefully before accessing or using our services.
Gentleman Driver is powered and provided by Temis Luxury Asia Limited, a Hong Kong limited liability company (“we”, “us”, “our” or the “Company”), or any member of the group of companies to which they belong, and their respective employees.
1. Definitions
In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise:
- “Hong Kong” means Hong Kong Special Administrative Region of the People’s Republic of China;
- “Services” means any and all services provided by us to you as defined in section 2 below;
- “Package” means any container or envelope that is accepted by us for delivery.
- “Shipment” means all packages which are tendered to and accepted by us on one waybill.
- “Personal Data” means any data relating directly or indirectly to an individual, from which it is possible and practical to ascertain the identity of the individual from the said data, in a form in which access to or processing of the data is practicable.
- “Delivery Agent” means the independent third party who offers delivery services and may be requested through the use of our Applications and Services;
- “T&Cs” refers to these terms and conditions hereunder and are subject to change by Temis Luxury Asia Limited from time to time at its own discretion without prior notification except to the extent otherwise provided by applicable laws or regulations. For the avoidance of doubt, any such change shall become effective and binding on the Shipper upon its publication on the official website of Temis Luxury Asia Limited.
2. Unacceptable Shipments
The Shipper agrees that its Shipment is deemed unacceptable if:
- it is classified as hazardous material, dangerous goods, prohibited or restricted articles by any applicable government department or other relevant organization;
- the goods are classified as dangerous goods or Temis Luxury Asia Limited believes that it cannot transport the goods safely or legally, such as involving animals and parts thereof, currency, bearer form, negotiable instruments, counterfeit goods, firearms and parts thereof, ammunitions, human remains, pornography, illegal narcotics/drugs or any other items that Temis Luxury Asia Limited decides they cannot be carried safely or legally; or
its addressed is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling.
- Temis Luxury Asia Limited shall have the right to destroy any unacceptable Shipment as specified in this section, which is required under applicable laws or government authorities.
3. Right to Inspect
The Shipment may, at our option or at the request of government authorities, be opened and inspected by us or such authorities at any time without notice for safety, security or regulatory reasons. For the avoidance of doubt, Temis Luxury Asia Limited shall not be responsible for any direct or indirect loss or any loss whatsoever for any delay caused to the Shipment due to such inspection.
4. Shipper’s Warranties and Indemnity
The Shipper shall indemnify and hold Temis Luxury Asia Limited harmless for any loss or damage in connection or resulting from the Shipper’s failure to comply with any applicable laws or regulations and for the Shipper’s breach of the following warranties and representations:
- all information provided by the Shipper or its representative(s) is true, complete and accurate;
- the Shipment was prepared securely by the Shipper’s employees;
- Staff employed to prepare the Shipment are duly authorized;
- the Shipper should ensure that Temis Luxury Asia Limited will not improperly be interfered during the preparation, storage and transportation of the Shipment to Temis Luxury Asia Limited;
- the Shipment is properly marked and addressed;
- the Shipment is packed in a manner that is suitable for shipping with ordinary care;
- the waybill has been signed by the Shipper or the Shipper’s authorized representative and these T&Cs constitute binding and enforceable obligations of the Shipper.
5. Declared Value
The Shipper agrees the declared value on this waybill is equivalent to the actual cash value of the Shipment (“Declared Value”). TEMIS LUXURY’s entire liability shall be limited to Section 9 hereof.
6. Transport and Routing
- A pick-up and delivery form should contain one Shipment only.
- Temis Luxury Asia Limited has the rights to choose any road or passageway or any other transportation means to transfer the Shipment.
- Unless there are any other written arrangements while picking-up the Shipment, the service provided by Temis Luxury Asia Limited is limited to pick-up, dispatch and transport.
7. Deliveries and Undeliverable
Shipments cannot be delivered to PO boxes or postal codes but only to the Receiver’s address given by the Shipper. Temis Luxury Asia Limited will make commercially reasonable effort to deliver the Shipment to the named Receiver personally, but this is not guaranteed and does not form part of the contract between Temis Luxury Asia Limited and Shipper and/or Receiver. For the avoidance of doubt, a signature or a stamp obtained at the Receiver’s address shall constitute sufficient proof of delivery of the Shipment.
Shipments to addresses with a central receiving area will be delivered accordingly. If the Receiver refuses delivery or to sign for or stamp for delivery; or the Shipment is deemed to be unacceptable, or undervalued; or the Receiver cannot be reasonably identified or located, Temis Luxury Asia Limited shall use reasonable efforts to return the Shipment to the Shipper at the Shipper’s cost, failing which the Shipment may be released, disposed of or sold by Temis Luxury Asia Limited without incurring any liability to the Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance to be returned to the Shipper (if any).
8. Circumstances Beyond Temis Luxury Asia Limited’s Control
Temis Luxury Asia Limited shall not be liable for to, any interruption of service due to causes beyond Temis Luxury Asia Limited’s control, including, but not limited to, the following: acts of God; acts of public authorities acting with actual or apparent authority; acts or omissions of customs or similar authorities; insufficient information provided by a customer; the application of security regulations imposed by the government or otherwise applicable to the delivery location; a government agency hold; riots; strikes or other labour disputes; civil unrest; disruptions or failure of communication and information systems (including, but not limited to Temis Luxury Asia Limited’s communication and information systems); disruptions of any kind in ground transportation networks; such as weather phenomena; and natural disasters including earthquakes, cyclone, storm, flood etc..
9. Temis Luxury Asia Limited’s Liability
Temis Luxury Asia Limited contracts with the Shipper on the basis that Temis Luxury Asia Limited’s liability is strictly limited to direct loss only and to the limits stipulated in this Section 7. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest and future business), whether such loss or damage is special or indirect, and even if the risks of such loss or damage was brought to Temis Luxury Asia Limited’s attention before or after acceptance of the Shipment since special risks can be insured by the Shipper.
Temis Luxury Asia Limited’s liability under a waybill shall be limited to the stipulation of the following: TO BE COMPLETED
10. Governing Law
Any dispute arising in connection with the T&Cs shall be subject, for the benefit of Temis Luxury Asia Limited, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and the Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
11. Data Privacy Policy
Temis Luxury Asia Limited is committed to safeguard the Personal Data provided by the Shipper. In relation to the collection, use, retention, disclosure, transfer, security and access of the Personal Data, Temis Luxury Asia Limited shall comply with the relevant code of practice and guidance issued by Temis Luxury Asia Limited. Please refer to the Privacy Policy published on the official website of Temis Luxury Asia Limited.
12. Severability
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
13. Governing Language
If there are different languages incorporated in our Waybill (including these Terms and Conditions), the English version shall prevail in the event of any inconsistency between the versions.