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Version: 2024-05-02

TERMS & CONDITIONS

 

These Terms and Conditions set forth the rights and obligations of us and you as they relate to your use of the Services.

These terms should be read together with our Personal Information Collection Statement, which explains how we’ll collect, store, use and share your data. 

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1.      General

 

1.1      Definitions

 

The terms used in these Terms and Conditions are defined in and the rules for interpreting the provisions of these Terms and Conditions are set out in Clause 7 (Interpretation and Definitions).

1.2      Services Description

 

a)
D-ASH is a payment service that allows you to transact with merchants who uses D-ASH as a payment acceptance platform solution. This payment service is offered by Vis Mobility Limited in a number of forms, including mobile based applications on devices managed by Vis Mobility Limited and mobile based applications on your own Mobile Device (“Applications”). 

b)

Among other things, the Applications may (i) facilitate your connection to independent third-party taxi drivers (“Third-Party Providers”) for the purchase of services or goods from such Third-Party Providers in the form of taxi trips (“Items”); and (ii) enable you to receive any related content or services, including payment processing, dispute resolution facilitation, and user support.

 

c)
You acknowledge that:

(i)

In the event that Third-Party Providers utilizes D-ASH to complete a payment with you, D-ASH is responsible for the payment processing, dispute resolution facilitation, and user support services related to the specific services provided by the Third-Party Providers.  

(ii)
We are not in any way related to, and we do not provide any services or function that you receive from, any of the independent Third-Party Providers; such Third-Party Providers  are not employed by us or any of our affiliates;

(iii)

Unless the Third-Party Providers utilized D-ASH to complete a payment with you related to a specific service, we are not liable for the actions or omissions of any Third-Party Provider in regards to the provision and delivery of the Items and do not assume any liability for the condition, standard and quality of the Items provided by the Third-Party Providers or guarantees the accuracy or completeness of any information provided by them.

 

(iv)
Third-Party Providers 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). We will perform the necessary due diligence to validate such approvals have been obtained by Third-Party Providers; and

 

(v)
Any safety or other related effort, feature, process, policy, standard or other effort undertaken by us or our affiliates, in the interest of public safety or maintenance of the quality of the Service is not an indicium of any employment or fiduciary relationship with any Third-Party Provider.

d)
You acknowledge that certain Services may be made available under D-ASH’s various brands, including but not limited to, the transportation payment brand currently referred to as “D-ASH TAPXI”. You also acknowledge that the Services may be made available under such brands by or in connection with: (i) certain of our subsidiaries and affiliates; and/or (ii) Third-Party Providers, including licensed taxi drivers, taxi owners, fleet managers or holders of similar transportation permits, authorizations or licenses.
 

1.3      Services Pre-requisites and Operations

a)
In order to use the Services, you must register for and maintain an active personal user Service account (“Account”). Account registration requires you to submit to us certain personal information, such as mobile phone number, along with a valid payment method (either a credit card or accepted payment partner). You agree to provide and maintain accurate, complete and up-to-date Account information, including providing a valid mobile phone number. Your failure to provide and maintain accurate, complete, and up-to-date Account information, including providing an invalid mobile phone number, may result in your inability to access and use part or all of the Services.

b)
You are responsible for all activity that occurs under or associated to your Account. Please note that any person(s) in possession of your Account information can communicate with D-ASH customer service to, among other things, raise questions related to your transactions, amend transactions, request refunds, or amend any of your personal information submitted that associates with your D-ASH transactions. You should not assign or otherwise transfer your Account to any other person or entity, and should not allow other individual(s) to receive the Services unless they are accompanied by you. 

Customer service in relation to specific transactions will be provided if valid Account information is provided along with the correct transaction information, including but not limited to transaction ID, transaction info, part of the credit card number, etc.. You are responsible for ensuring that you are the only person having access to these information. So long as a person is able to provide such information, we will treat any such approved instructions submitted on your behalf, in respect of your Account, as valid and appropriately authorized by you, and we will not be responsible or liable for any dispute or loss (whether direct or indirect) arising in connection with any fraudulent or unauthorised use or access of your Account. You must check and verify your transaction history on a timely basis and carefully. You should notify us as soon as reasonably practicable of any irregularity or any unauthorised transaction via our customer service channel or other channels that we may specify from time to time.
 

c)
You shall not use the Services for any illegal purposes or activities. You shall obey any law or regulation which applies to you, whether in or outside Hong Kong in respect of your use of the Services. In the event of any violation of such applicable law or regulation, we reserve the right to suspend the Services or close your Account and report your activity to the relevant authorities.

 

1.4      Fees & Settlement Terms

 

a)
Depending on the Services made available under D-ASH’s various brands, there might be fees charged by us associated to your use of the Services (“Fees”):

(i)    
For D-ASH TAPXI, the standard fee is a 3.5% fee on top of the amount to be paid for each Taxi Trip, such amount being the final total amount indicated on the taxi meter upon trip ends (i.e., the taxi fare plus any extra added) and the amount of driver tips that you have voluntarily inputted (if any); We might from time to time offer lower rates or fixed fee as promotions to you, of which can be viewed and referred on the D-ASH devices installed on the Taxis as our latest offer;

b)
D-ASH will use reasonable efforts to ensure disclosure of Fees (if applicable) will be made available to you. You should enquire proactively if you would like to receive more information about the Fees that may apply. 

1.5      Changes

 

a)
We may change the Services (or any part of it) or these Terms and Conditions from time to time in a manner we consider appropriate. You will be bound by any such change on the effective date.

b)
If any information that you have given us (including information relating to your authorised representative) changes, you should notify us immediately.

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2.      D-ASH Account

2.1      Making Payments 

 

a)
You understand that use of the Service may result in charges payable by you, for the services and/or goods that you receive, from any Third-Party Provider (“Charges”), along with any applicable fees from D-ASH per Clause 1.4. 

i)
Depending on the Services made available under D-ASH’s various brands, when you decide to receive the services and/or goods from a Third-Party Provider, D-ASH will require you to either immediately pay for the applicable Charges through a Sale process or validate your designated payment method with us, where we initiate a Pre-Authorization process for you to validate that you potentially have sufficient balance and a valid payment method to pay for the applicable Charges. This Pre-Authorization does not immediately result in any payment from you to D-ASH.

ii)
If this Sale or Pre-Authorization cannot be performed, D-ASH will deem your designated payment method as invalid and therefore not set-up for Charges be charged for reasons including but not limited to invalidity, expiration, insufficient balance, etc.. If you cannot provide another payment method to us to complete the Pre-Authorization, you might not be able to enjoy the Services provided by us.

iii)
You may elect to cancel your request to use the Service (to pay for the services or goods provided by a Third-Party Provider) at any time prior to the initiation of the Sale or Pre-Authorization. However, once a Sale or Pre-Authorization is completed, you are deemed to have engaged us for the use the Service, which cannot be cancelled.

iv)
During the period of time where you are receiving services and/or goods provided by the Third-Party Provider via DASH, and we received information indicating that your Pre-Authorization amount is insufficient for us to validate that there are sufficient balance for you to pay for the applicable Charges, we will cancel the existing Pre-Authorization, which means you have disengaged with us and are not using the Service to pay for the applicable Charges. At this point we will request you to initiate a separate Pre-Authorization process with a higher authorization amount. We will cancel the existing Pre-Authorization once this separate Pre-Authorization is successfully completed. If you do not choose to perform this separate Pre-Authorization or you cannot successfully complete this separate Pre-Authorization, you will not be granted access to use the Service to pay for the applicable Charges and should settle the applicable Charges with the Third Party Provider on your own terms.

v)
With a successful Sale or Pre-Authorization, after you have received services and/or goods obtained through your use of the Service, D-ASH 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 matter shall be considered the same as payment made directly by you to the Third-Party Provider, (inclusive of applicable taxes where required by law). Charges paid by you are final and non-refundable, unless otherwise determined by D-ASH.

b)
D-ASH will facilitate your payment of the applicable Charges (and any applicable fees) according to the final amount provided by the Third-Party Provider. You retain the right to request lower Charges from a Third-Party Provider for services and/or goods received by you from such Third-Party Provider at the time you receive such services and/or goods. D-ASH will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or good. 

 

c)
All Charges are due immediately and payment will be facilitated by D-ASH using the preferred payment method designated by you and/or your Account, after which D-ASH will send you a receipt on behalf of the Third-Party Provider either via SMS or WhatsApp based on the mobile phone number provided by you or via the D-ASH Mobile Application. If you did not provide us with a mobile phone number or downloaded the D-ASH Mobile Application, you acknowledge you do not wish to receive a receipt from us. 

As between you and D-ASH, D-ASH reserves the right to establish and/or revise Charges for any or all service or goods obtained through the use of the Services at any time, if deemed proper by D-ASH, with and on behalf of the Third-Party Provider.  
 

d)
Your payment for the Charges is intended to fully compensate the Third-Party Provider for the services or goods provided to you. No portion of your payment is designated 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 Service, you are under no obligation to do so. Tips or gratuities are voluntary, and should be inputted before the transaction is completed to allow us to facilitate the collection of relevant funds from you and payment of the relevant funds to the Third-Party Provider as tips or gratuities. 

2.2      Dispute on Charges / Refunds

 

a)
You are responsible to validate the amount of Charges with the Third-Party Provider before you complete the transaction. We are not responsible for the products or services you receive from the Third-Party Provider. You acknowledge that you are solely responsible to come to agreement with the Third-Party Provider on the appropriate amount of Charges for the nature and quality of the products or services you receive, and for the delivery, support, returns, and for any other ancillary services you receive.

b)
We can assist you to resolve disputes with the Third-Party Provider you have received goods or services from but are not responsible for ensuring a successful resolution. As a payment service, D-ASH only helps you make payments to your selected Third-Party Provider who accepts D-ASH as a payment service. Accordingly, in the event that there is any error or mistake on the Third-Party Provider’s part (including where incorrect amounts are charged or incorrect refund information is provided), you have the responsibility to work with the Third-Party Provider, who is responsible for taking any necessary corrective action (if applicable).

c)
In the case that you reach out to us to raise a dispute on the payment you made within one month of the transaction (or in the timeframe specified to you and our Third-Party Providers from time to time), to our best effort, we will facilitate the communication between you and the relevant Third-Party Provider to exchange and review the transaction against the information we hold, and support you and the relevant Third-Party Provider to come to an agreement on the need to perform a partial or full refund. 

d)
If a partial or full refund is agreed to be necessary, we will perform the partial or full refund to your original payment method. If the original payment method does not allow for partial or full refund by us, we will be requesting you to provide us with necessary information to support us to make the refund to you via means that are acceptable to us. This includes but not limited to, providing us with your FPS ID or relevant details, or bank account details for us to make the necessary online transfer to refund you the appropriate amount. If these cannot be provided, you will need to arrange a time to visit our office to receive a cheque from us with the appropriate refund amount listed. Any associated cost to receive the refund shall be borne by you.

e)
If the refund is deemed necessary and we have contacted you to provide us necessary information to support us to make the refund, but have not received a reply or might have received the necessary information from you but you did not proceed to collect the refund within 3 months counting from the date we have confirmed the validity and the amount of the refund, you acknowledge that this signifies that you have forfeited your rights and interest to collect the refund. As such, we hold the rights on how to handle this amount, and might not provide you the appropriate refund afterwards even if you approach us again. 

2.3      Transaction History / Receipt

 

a)
Depending on your chosen method to use the Services, there are different way for you to get information about your transaction or review your transaction history.

 

i)
If you decided to use the Services without using the D-ASH app, you must input your valid and correct mobile phone number on the D-ASH devices during the use of Services in order to receive a receipt via a third-party messaging service, including but not limited to SMS or WhatsApp. This receipt might be sent in the format of a PDF or a in the format of a link to a website to access relevant information. 

 

ii)
If you decide to use the Services with the D-ASH App, we may send a notification or message to you to notify you after a successful Pre-Authorization or transaction has been effected through D-ASH. You are responsible to check such notification or message. You are considered as having received such notification or message immediately after we transmit it. You should enquire with us if you have not received a notification or message within the usual timeframe.

Meanwhile, you can get information about your transaction on the D-ASH App up to a certain period as specified by us from time to time. You must verify your transaction history on a timely basis and carefully. You should notify us as soon as reasonably practicable of any irregularity or any unauthorised transaction via designated contact forms, email address or telephone number(s) as we may specify from time to time. If you do not let us know within 30 days after the transaction, we may be unable to take any action in relation to that error or unauthorised transaction.

 

b)
We may act on a transaction with the designated payment method if we reasonably believe that it is given or authorised by you without being liable in any circumstances. You will be bound by that instruction as understood and executed by us in good faith even if (i) it is incorrect, false or unclear, or (ii) it was not given or authorised by you. We have no obligation to verify the identity of the person giving an instruction apart from verifying the account credentials or verifying the designated payment method’s credentials with our partner payment gateway.

 

c)
We have the right to delay acting or refuse to act on a transaction if we are aware of or suspect a breach of security or other suspicious circumstances relating to your D-ASH account. We are not liable for any delay or refusal to act in these circumstances. We will inform you of any delay or refusal if it is reasonably practicable to do so.

  

d)
Information relating to any transfer or transaction made available by us is for your reference only. Our records of such transfer or transaction are final, conclusive and binding on you save for manifest error.

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3.      Use of Your Information

 

3.1     You can find out how we will collect, use and store your personal data in the D-ASH Personal Information Collection Statement.

 

3.2      To provide, maintain and improve the Services offering, we may also use your profile information and/or other data (other than personal data) that we collect from your use of the Services (e.g. details of the transfers, transactions and dealings using D-ASH) to:

 

a)
manage and administer the Services or effect any transactions on D-ASH;

b)
maintain our overall relationship with you;

c)
generate statistics, reporting and trend analysis to customize your user experience as you use and interact with the Services and to provide market insights to users of the Services; and/or

d)
make improvements/further developments to the Services.

3.3      If there is any discrepancy amongst the above terms and conditions, these Terms and Conditions will prevail unless otherwise specified.

 

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4.      Obligations

 

4.1      Our Obligations

 

a)
We agree:

 

i)
to ensure that our systems relating to the Services are installed with adequate security designs and to manage the risk in operating our systems; and

ii)
that only if we have been grossly negligent or wilfully defaulted (as determined by us in our sole discretion) when we provide the Services to you (in this case "we" includes a member of our corporate group, one of our agents, or our employees), we may consider reimbursing you the lower of (A) any loss or damage you suffered which was direct, reasonably foreseeable, and caused by that gross negligence or wilful default; or (B) the amount of the relevant transfer, transaction or dealing, to the extent it is commercially reasonable to do so.

b)
We make no representations or warranties:

 

i)
as to the accuracy, quality, completeness, timeliness, adequacy, reliability or validity of any information or material provided on or through the Services or our public website. These include any information posted, transmitted or provided by any user of the Services or any third party;
 

ii)
that the Services will meet your requirements, or are free of defect, error or omission; or

 

iii)
that your use of the Services will be uninterrupted, timely, secure or error-free.

 

c)
We are not responsible for:

 

i)
any interruption, interception, suspension, delay, loss, unavailability or other failure in providing our services to you, or in transmitting instructions or information relating to our services, which is caused by any circumstance beyond our reasonable control;

ii)
any loss of revenue, anticipated savings, goodwill, opportunity, business, reputation, data (or damage to or corruption of such data), profit or interest, indirect or consequential loss arising from or in connection with our providing the services, or failure or delay in providing our services; or

iii)
any incorrect, wrong, fraudulent or unauthorised use of, or payments made under D-ASH or the Services.

 

4.2      Your Obligations

 

a)
You agree to:

 

i)
use the Services only for purposes permitted by these Terms and Conditions and by applicable laws and regulations;

 

ii)
take sufficient measures and controls to ensure that access to and use of the Services through D-ASH are restricted to you or person(s) authorised by you to do so only;

b)
You agree not to (nor will you attempt to):

 

i)
engage in any activity that interferes with or disrupts the Services, our websites, our software, any D-ASH content, or the servers or networks through which they are provided;

ii)
use the Services in any way that is illegal or in breach of any applicable regulations or in any way that contravenes or infringes upon our rights or the rights of any third party (including any intellectual property rights, especially when uploading any logo or picture to your account on the D-ASH App);

iii)
engage in any behaviour, which is fraudulent, harassing, disruptive, offensive, threatening, indecent, or defamatory.

 

c)
You are solely responsible for the following:

 

i)
verifying any information before sending, relying or acting on it;

 

ii)
your use of the Services and any transaction effected by us pursuant to or as a result of any instruction initiated by you or any person with the correct credential (whether or not authorised by you); and

iii)
your breach of any of these Terms and Conditions including any warranty or representation.

d)
You should provide us with such information as we may reasonably request from time to time for the purposes of providing the Services to you.

 

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5.      Circumstances Beyond Our Control

 

The Services might be interrupted, suspended or might fail from time to time for reasons beyond our reasonable control. Laws and regulations may prevent us from providing the Services. Our ability to provide the Services may also be affected by activities performed by us to comply with obligations (under laws, international guidance, mandatory policies or procedures, or under the direction of government authorities) relating to or in connection with the detection, investigation and prevention of financial crime (including money laundering, terrorist financing, bribery, corruption, tax evasion, fraud, evasion of economic or trade sanctions, and/or violations, or attempts to circumvent or violate any laws or regulations relating to these matters). We might ask you questions to help us protect against financial crime. This might involve us sharing information to third parties which help us investigate further. In these circumstances, we cannot be liable to you or any other person for your losses.

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6.      Miscellaneous

 

6.1      Suspension and Termination

 

a) 
Subject to any applicable laws and regulations, We may suspend or terminate your access or usage of the Services or any part of it immediately and without prior notice if: 

i)
we have requested information from you, but you haven’t given it to us within a reasonable period of time;

ii)
you commit a material breach of these Terms and Conditions which is incapable of remedy or not remedied within a reasonable time period;
 

iii)
it is or may become unlawful and/or in breach of any regulation or requirement or request of any governmental or other authority for us to perform our obligations under these Terms and Conditions; 
 

iv)    
we reasonably suspect fraudulent, illegal, unauthorised, or criminal activities, and we believe that it is important as part of our fight against financial crime; or
 

v)    
you become bankrupted or insolvent.

b)
If we suspect your access to D-ASH has been stolen for any reason, we will immediately suspend all access to and all activity on your account and terminate your account in 30 days. We will notify you 30 days in advance via means or channels on which you have provided us details with to resolve the issue before terminating your account.

c)
You can terminate the Services through our D-ASH App, our customer service channel, or manners of which we may notify you from time to time.

6.2      Partial Invalidity

 

If any provision of these Terms and Conditions is or becomes illegal, invalid, or unenforceable under any applicable laws or regulations, such illegality, invalidity, or unenforceability does not affect any other provision which remains in full force, validity, and effect.

6.3    Waiver

 

No failure or delay by us in exercising any right, power or remedy will operate as a waiver of that right, power, or remedy. Nor will any single or partial exercise preclude any other or further exercise of a right, power, or remedy. Any right, power, or remedy under these Terms and Conditions is intended to be cumulative and in addition to any other right, power, or remedy we have in law.

6.4    Appointment of Agent, Service Provider or Sub-contractor

 

We may appoint any agents, service providers, or sub-contractors (who may not be a member of our Group) to perform the Services or any related services for or on behalf of us.

For that purpose, (a) we may delegate any of our powers or obligations to such agents, service providers or sub-contractors, and (b) you authorise us to disclose or transfer any information relating to you or the Services to such agents, service providers or sub-contractors for or in relation to the provision and operation of the Services. We will remain liable to you but only for the gross negligence or wilful default of any agents, service providers, or sub-contractors appointed by us under this Clause as if we performed the relevant services ourselves.

 

6.5      Transferring These Terms and Conditions

 

We might transfer our rights or obligations under these Terms and Conditions to a third party. If we do, we will tell you in advance. You cannot transfer your rights or obligations to a third party without our prior written agreement.

6.6    Governing Law, Jurisdiction and Versions

 

a)
These Terms and Conditions are governed by and will be construed according to Hong Kong laws. If there is any dispute relating to these Terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

b)
The English version of these Terms and Conditions prevails to the extent of any inconsistency between the English and the Chinese versions. Any Chinese version of these Terms and Conditions is for reference only.

6.7    Third-Party Rights

 

No person other than you and us will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions of these Terms and Conditions.

 

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7.      Interpretation and Definitions
7.1     Interpretation

 

a)
Unless the context requires otherwise, in these Terms and Conditions:

 

  • any reference to a Clause or sub-clause is a reference to a Clause or sub-clause of these Terms and Conditions;
     

  • any reference to these Terms and Conditions, an agreement or document is a reference to the same as amended, varied or supplemented from time to time; and
     

  • any reference to a law or regulation is a reference to the same as amended, re-enacted or in effect from time to time; and
     

  • a singular expression includes the plural and vice versa.

b)
Headings in these Terms and Conditions are for ease of reference only and do not affect the interpretation of these Terms and Conditions.

 

7.2      Definitions

 

Unless we specify or the context requires otherwise, the following terms in these Terms and Conditions have the meanings set out below:

 

  • "Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China.
     

  • "Mobile Device" means a smartphone or tablet with D-ASH App installed.
     

  • "D-ASH" means the software platform that allows individuals to make payments to any merchants, whether individuals or entities, that are allowed on the D-ASH payment platform by Vis Mobility Limited
     

  • "D-ASH App" means the software Mobile Device application which incorporates and utilises D-ASH.
     

  • "Services" means the payment services and facilities provided through D-ASH to enable a user to make payments related to the applicable Charges and Fees and include all ancillary related services. For the avoidance of doubt "Services" include D-ASH , any D-ASH Account and our customer service.
     

  • “we”, “us”, “our”, the "Company", "D-ASH", or the "Group" means Vis Mobility Limited and its holding company and its affiliates, subsidiaries, associated entities and any of the branches and offices (together or individually), its successors and assigns.
     

  • “you” or “your” means the person to whom we provide the services hereunder and, where the context permits, includes each of your representatives and lawful successors.

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