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Terms and Conditions

General app Usage

Last Revised: [*] May, 2019

Welcome to Jojobus. This app is provided as a service to our users and may be used for your informational purposes only. These terms and conditions govern the access or use by you, as an individual, from within Hong Kong Special Administrative Region (“Hong Kong”) of the Services, as defined below, made by JOJOBUS COMPANY LIMITED, a private limited liability company established in Hong Kong, having its registered office at G/F, 6 Shung Wah Street, Fung Wong New Village, Wong Tai Sin, Kowloon, Hong Kong. We do not have any intention to provide any Services, as defined below, to any European Subjects. If you are an European Subject, please cease to use this app immediately.

Unless otherwise specified, “you”, “your”, “user” means any person(s), firm or company which books the Services, and “we”, “us” means Jojobus.

PLEASE READ THESE TERMS CAREFULLY BEFORE ASSESSING OR USING THE SERVICES.

1. YOUR AGREEMENT

By accessing and using this app, applications, content, products and the services offered on and/or through this app (the “Services”), you agree to be bound by, and to comply with, these Terms and Conditions (the “Terms”), which establishes a contractual relationship between you and Jojobus . If you do not agree to these Terms, you may not access or use this app and the Services. These Terms expressly supersede prior agreements or arrangements with you. Jojobus may immediately terminate these Terms or any Services with respect to you, without any cause without any compensation to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason without any compensation to you.

PLEASE NOTE: Jojobus reserves the right, at its sole absolute discretion, to change, modify or otherwise alter these Terms from time to time. Unless otherwise indicated, amendments will become effective immediately upon Jojobus’s posting of such updated and/or amended Terms at this location or the amended policies or supplemental terms on the applicable Service. Please review these Terms periodically. By clicking the “Yes” button in the pop-up notice of change of Terms in this app or continually accessing or

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using this app, it shall be deemed that your continued access and use of the app following the posting of such revised changes and/or modifications constitutes your full and irrevocable acceptance of the revised Terms and the reasonableness of these standards for notice of changes. For your information, this page was last updated as of the date shown at the top of these Terms .

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

2. SERVICES

The Services constitute as a platform that enables users of this app to rent any vehicles whether or not mechanically propelled which is constructed or adapted for use on roads, as determined by us from time to time, including but not limited to 7-seater cars, vans or coaches which offer around 28 to 65 seats, crystal buses and other types of vehicles to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including but not limited to independent third party transportation providers and independent third party logistics providers under agreement with Jojobus or certain of Jojobus’s affiliates (“Third Party Providers”). Unless otherwise agreed by Jojobus in a separate written agreement with you, the Services are made available solely for your personal and non-commercial use only. YOU ACKNOWLEDGE THAT APART FROM THE AFOREMENTIONED SERVICES, WE DO NOT OPERATE AS A TRANSPORTATION VEHICLE AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY PROVIDERS WHO ARE NOT EMPLOYED BY US OR OUR AFFILIATES IN ANY WAY.

3. YOUR USE OF THE SERVICES

A. USER ACCOUNT

In order to make use of the Services, you must accept and insert a SMS verification code sent by us via your mobile service provider for the purpose of registering and maintaining active a Services Account (“Account”). You must be at least 18 years of age to obtain an Account. The following personal information will be collected for the purpose of registration of Account, such as, username for the Account, your email

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address, mobile phone number, and at least one valid payment details (such as credit card details). You agree to maintain accurate and complete information in your Account. The failure to maintain accurate and complete Account information may result in your inability to access and use the Services or our termination of these Terms with you. You are personally responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

B. CONDUCT OF USER

The Services are only available for use by persons over the age of 18 only. You shall not authorize any third parties to use your Account. You must not assign or transfer, in whatever form and/or means, your Account to any other person or entity. You agree to comply with all applicable laws and regulations for the use of the Services for permitted and lawful purposes only. You will not, during the period of your use of the Services, cause any kind of nuisance or property damage, whether to the Third Party Providers or any other party. In certain occasions you may be requested to provide proof of identity to access or use of the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

C. CONTENT PROVIDED BY USER

Jojobus may, in Jojobus’s sole absolute discretion, permit you from time to time to submit, upload, publish or otherwise make available to Jojobus through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Jojobus, you grant Jojobus a worldwide, perpetual, irrevocable, transferrable, royalty-free license, free of any charge, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Jojobus’s business and on third- party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Jojobus the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Jojobus’s use of the User Content as permitted herein will

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infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Jojobus in its sole absolute discretion, whether such material may be protected by law. Jojobus may, but shall not be obligated to, review, monitor, or remove User Content, at Jojobus’s sole absolute discretion and at any time and for any reason, without notice to you.

D. NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary for use of the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services and you shall be responsible for payment of such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and app and any updates thereto. Jojobus does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

E. PAYMENT

You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider (“Charges”). After you have placed order using the app, your order will be confirmed by the app and payment will be made by you for the use of Services. Jojobus will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges paid by you are final and non-refundable, unless otherwise determined by Jojobus. Services will be provided to you after Jojobus has received full payment for Services as Third Party Provider’s limited payment collection agent.

All Charges are due immediately and payment will be facilitated by Jojobus using the payment method designated by you in your Account. Receipt of payment is available upon request. If the Account payment method designated by you is determined to be expired, invalid or otherwise not able to be charged, you agree that Jojobus may, as the Third Party Provider’s limited payment collection agent, elect to use the alternative method designated by you.

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Subject to the cancellation and/or amendment of order placed under the use of Services by User, as between you and Jojobus, Jojobus reserves the right to cancel the said initial

order, refund the full amount of Charges under the initial order, and make fresh Charges under the new order in Jojobus’s sole absolute discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand at the time of order as shown in the app. Jojobus will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Jojobus may from time to time provide certain users with promotional offers and discounts 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 and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third Party Provider for the services provided. Except with respect to transportation services requested through the app, Jojobus does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Services, you are under no obligation to do so. gratuities are voluntary. After you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

F. REPAIR OR CLEANING FEES.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning (“Repair or Cleaning Request”), such Repair or Cleaning Requests and relevant charges to be incurred are to be handled and born by you and the Third Party Provider in such proportion as determined by you and the Third Party Provider. For the avoidance of doubt, Jojobus will not be held liable for handling any part of the Repair or Cleaning Requests and/or paying any part of the relevant charges to be incurred in any event.

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4. PRIVACY

Please refer to our Privacy Policy (“Privacy Policy”) available at <https://jojobus.com.hk> (the “Website”) in relation to your access and use of this app. By accepting these Terms, you confirm your express understanding and acceptance to the Privacy Policy. Jojobus may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident involving you and a Third Party Provider, and such information or data is necessary to resolve the complaint, dispute or conflict.

5. LINKED APPS

This app may contain independent links to other independent third-party web apps ( “Linked apps”). The Services may be made available or accessed in connection with third party services and content (including advertising) that Jojobus does not control. These Linked apps are provided solely as a convenience to our users. You expressly understand and agree that different terms of use and privacy policies may apply to your use of such Linked apps. Such Linked apps are not under our control and/or management, and we are in no event be responsible or liable for and/or deemed to have endorse the content and services of such Linked apps, including any public information or materials contained on such Linked apps. You will need to make your own independent judgment regarding your interaction (including the provision of any personal information) with these Linked apps.

6. FORWARD LOOKING STATEMENTS

All materials reproduced on this app speak as of the original date of publication or filing. The fact that a document is available on this app does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document or filing. We have no duty or obligation to update any information or statements contained on this app and, therefore, such information or statements should not be relied upon as the most current information as of the date you access this app.

7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

A. This app may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the materials or the reliability of any advice,

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opinion, statement or other information displayed or distributed through the app. We disclaim all representation, warranties (express or implied or statutory, including any implied warranties such as implied warranties of merchantability, fitness for a particular purpose and non-infringement), or guarantee regarding the reliability, timeliness, quality, suitability, safety or availability of the Services or any services or goods requested through use of the Services or that the Services will be uninterrupted or error-free. You expressly understand and agree that: (i) your use of the app, including any reliance on any such opinion, advice, statement, memorandum, or information contained herein, shall be at your sole risk; (ii) the app is provided on an “as is” and “as available” basis; (iii) except as expressly provided herein we disclaim all representation and/or warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non- infringement; (iv) we make no representation and/or warranty with respect to the results that may be obtained from this app, the products or services advertised or offered or merchants involved; (v) any material downloaded or otherwise obtained through the use of the app is done at your own discretion and risk; and (vi) you will be solely responsible for any damage to your computer system or for any loss of data that results from the download of any such material.

  1. You expressly understand and agree that under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of, or the inability to use, any of our apps or materials or functions on any such app, even if we have been advised of the possibility of such damages. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

  2. Jojobus shall not be liable for direct, indirect, incidental, special, exemplary, punitive or consequential damages, whether foreseeable or non-foreseeable, 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 Jojobus has been advised of the possibility of such damages. Jojobus 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) failure to reach a destination for whatever reasons; or (iii) any transaction or relationship between you and any Third Party Provider, even if Jojobus has been advised of the possibility of such damages. Jojobus shall not be liable for delay or failure in performance resulting from causes beyond Jojobus’s reasonable control. For the avoidance of doubt, both you and

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Jojobus agree that Jojobus will not be held liable for any damages, losses, causes of action directly or indirectly suffered by you or the Third Party Providers in connection with the Services.

The limitations and disclaimer in this section 7 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law in Hong Kong.

8. EXCLUSIONS AND LIMITATIONS

Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, our liability in such jurisdiction shall be limited to the maximum extent permitted by law.

9. OUR PROPRIETARY RIGHTS

The Services and all rights therein are and shall remain Jojobus’s property or the property of Jojobus’s licensors. Subject to your compliance with these Terms, Jojobus grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the app 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.

This app and all its contents are intended solely for personal, non-commercial use. Except as expressly provided, nothing within the app shall be construed as conferring any license under our or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you expressly understand, acknowledge and agree that all content available through and used to operate the app and its Services is protected by the relevant applicable laws and regulations of copyright, trademark, patent, or other proprietary rights. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Jojobus’s company names, logos, product and service names, trademarks or services marks or those of Jojobus’s licensors. You agree not to: (a) remove, modify, alter, or deface any of the trademarks, service marks, trade dress (collectively “Trademarks”), patent or other intellectual property made available by us in connection with the app; (b) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (c) use any of the Trademarks or other content accessible through the app for any purpose other

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than the purpose for which we have made it available to you; (d) defame or disparage us, our Trademarks, or any aspect of the app; (e) 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 Jojobus; (f) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (g) cause or launch any programs or scripts 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 (h) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks and(i) adapt, translate, modify, decompile, disassemble, or reverse engineer the app or any software or programs used in connection with it or its products and services.

The framing, mirroring, scraping or data mining of the app or any of its content in any form and by any method is expressly prohibited.

10. INDEMNITY

By using this app and the Website, you agree to indemnify us and relevant affiliated entities (collectively “Indemnities”) and hold them harmless from any and all claims, demands, liabilities, losses and expenses, including and not limited to, attorney's fees (without any limitation), arising out of or in connection with (i) your use of this app and the Website, your use of the products and the Services, or (ii) your submission of ideas and/or related materials to us or from any person's use of any ID, membership or password you maintain with any portion of the app, regardless of whether such use is authorized by you ; (iii) your breach or violation of any of these Terms; (iv) Jojobus’s use of your User Content; or (v) your violation of the rights of any third party, including Third Party Providers.

11. COPYRIGHT AND TRADEMARK NOTICE

This app and the Website are subject to copyright protection under Hong Kong law and international copyright conventions which are applicable in Hong Kong. Except for permitted uses for copyright under Hong Kong law, no part of this app and the Website may be reproduced, copied, modified or transmitted in any form or by any means unless prior written consent of Jojobus is obtained.

12. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS 9

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It is our policy to respond expeditiously to any claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under Hong Kong law. Notices of claimed infringement should be directed to Jojobus with the following details:

Address

Phone Number Email:

: G/F, 6 Shung Wah Street, Fung Wong New Village, Wong Tai Sin, Kowloon, Hong Kong

: 2615 1690
: info@jojobus.com.hk

13. PLACE OF PERFORMANCE

This app is controlled, operated and administered by us in our registered office situated at G/F, 6 Shung Wah Street, Fung Wong New Village, Wong Tai Sin, Kowloon,Hong Kong. We make no representation that materials at this app are appropriate or available for use at other locations outside of Hong Kong and access from territories where its contents are prohibited. If you access this app from a location outside of Hong Kong, you are responsible for compliance with all relevant local laws and regulations.

14. 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, excluding its rules on conflicts of laws. If any dispute, controversy, difference, conflict or claim arises in connection with the use of the Services or these Terms, both parties agree and are obliged to settle through arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the HKIAC's Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with such rules, except where such rules are modified herein or by mutual agreement of both parties. The arbitration will be conducted by a tribunal of three (3) arbitrators. The arbitration will be conducted in the English language. None of the provisions of these Terms are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap.623 of the laws of Hong Kong) on a person who is not named as a party to these Terms.

15. GENERAL

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  1. If any provision of these Terms is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders.

  2. No Joint Venture, No Derogation of Rights. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the contract between you and Jojobus or use of the Services under these Terms or your use of the app. Our performance of these Terms is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the app or information provided to or gathered by us with respect to such use

  3. You shall not assign or transfer these Terms in whole or in part without Jojobus’s prior written approval. You give your approval to Jojobus for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Jojobus’s equity, business or assets; or (iii) a successor by merger.

  4. Jojobus may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Jojobus by written communication to Jojobus's registered office address at G/F, 6 Shung Wah Street, Fung Wong New Village, Wong Tai Sin, Kowloon, Hong Kong in accordance to clause 12 herein.