GoGoX Enterprise Services
General Terms and Conditions
These general terms and conditions (General Terms) apply to your use of the enterprise logistics services provided by GoGoX in Hong Kong.
Each quotation (Quotation) entered into between you and GoGoX records the expected logistical arrangement which shall be valid for 30 days from the relevant Quotation date (unless otherwise agreed in writing) and is subject to change by mutual agreement in writing.
Each Quotation is for information and reference only and shall not be binding on GoGoX until invitation to the pricing on the relevant services have been agreed and accepted by you and GoGoX acknowledges your acceptance of the relevant Quotation.
Each Quotation is an estimate based on the service requirements requested by you as described on the relevant Quotation. GoGoX reserves the right to require additional charges and/or to make price adjustments if any additional services that are not covered or included in the Quotation are requested by you or if the expected services specified in the Quotation deviates from the actual services provided.
Where applicable, your access to the services under each Quotation may be conditional upon you having provided a sufficient amount of deposit (Deposit) as requested by GoGoX from time to time. GoGoX is entitled to require you to deposit additional amounts of Deposits from time to time before you can continue access to the services. GoGoX may use the Deposit to set-off any sums owed by you to GoGoX without any prior notice. Any money deposited as Deposit is non-interest bearing and non-transferable.
Unless otherwise agreed in writing, the pick-up address of goods provided to GoGoX must be accessible by lift (only one flight of stairs with less than 10 steps at the entrance of the building on the ground is accepted by GoGoX). Other delivery locations that cannot be accessed by lifts are limited to pick-up on the ground level. If the traversing of stairs is required to make the pick-up, GoGoX will apply a HK$40 surcharge per floor and for the purpose of calculating this fee, the upper limit of each floor is 10 steps.
You shall be solely responsible for rightfully declaring all the contents of the relevant goods.
You agree and acknowledge that the following items will not be accepted by GoGoX for consignment and you will not provide the same to GoGoX:
a) weapons, simulated weapons, ammunition, controlled devices and explosives;
b) flammable articles and explosive articles;
c) oxidizing agents and peroxides;
d) drugs and drug paraphernalia, narcotic drugs and psychotropic substances for improper use, precursor chemicals for improper use, and toxic substances;
e) biochemical products, infectious, infectious substances;
f) corrosive substances, radioactive substances;
g) forged or altered currency, securities, certificates, official seals and other illegally forged items;
h) currency and securities;
i) goods that infringe intellectual property rights and counterfeit goods;
j) indecent or obscene communications, prints, photographs, books or other items and packaging with seriously offensive, indecent or obscene words, marks or designs or designs;
k) animals and plants, especially all kinds of endangered wild animals and plants and their products;
l) tobacco and tobacco products;
m) valuables (for example, art, antiques, gemstones, and precious metals such as gold);
n) prohibited goods under other laws and regulations; and
o) any item that GoGoX believes cannot be properly or legally shipped.
GoGoX shall not be responsible for any damage during transportation due to weak packing materials or improper packing of inner goods.
GoGoX reserves the right to re-weigh and review the size of the relevant consigned goods after pick-up by GoGoX. If the quantity or volume is found to be inconsistent with records, GoGoX reserves the right to update the relevant records without further notice. The final quantity and volume of the goods as recorded by GoGoX shall prevail.
All payments due to GoGoX for its performance of the relevant services shall be paid in full to GoGoX within 14 days from the date of the invoice’s issue date (Due Date), unless otherwise agreed in writing. Payments not settled by the Due Date shall be subject to 2% interest per month (or on the unpaid portion of the invoice amount, where applicable), subject only to the maximum interest per annum allowed under Hong Kong law.
If any invoiced amount remains unpaid to GoGoX after the Due Date, your eligibility for the relevant services may be suspended until the outstanding payment is settled in full. In order to re-activate your services, it will require a processing time of up to 14 days and GoGoX shall not be liable for any direct or indirect loss and/or damage (including but not limited to loss of profit, revenue, interest and future business) during the period from the suspension of services until the re-activation of services due to non-payment by you.
For the avoidance of doubt, you cannot set-off any outstanding invoiced amount owed to GoGoX against any fees and/or reimbursements that GoGoX may owe you from other quotations or projects, or for any other reasons, unless with GoGoX’s prior written consent.
All charges are exclusive of applicable sales or similar taxes and expressed in Hong Kong dollars.
Unless expressly provided for otherwise, each Quotation excludes surcharges such as tunnel fees and parking fees. The list of surcharges is made available from time to time, or via other communication channels as GoGoX deems fit, and GoGoX reserves the right to amend the relevant fees at any time at its sole discretion without prior notice to you.
The Services of GoGoX are governed by these General Terms. In the event of any inconsistency between any Quotation (that has been acknowledged by GoGoX in writing) and these General Terms, the terms of the relevant Quotation shall prevail.
Each Quotation is strictly private, confidential, and personal to you and should not be copied, distributed or reproduced in whole or in part nor passed to any third party. You will use best efforts to avoid disclosure, dissemination, or unauthorized use of such confidential information. Each party shall keep in strict confidence all information it receives from the other party, including but not limited to information relating to the business, strategy, technology, finance, customers of the other party and/or its affiliates, and shall not disclose such information to any third parties without the prior written consent of the other during or after the relevant service period as set out in the relevant Quotation.
Subject to clause 17 above, you acknowledge and consent to GoGoX’s collection, receipt, holding, processing, usage, storage, sharing, or transfer of personal data or other information passed to GoGoX by you (Information) solely for the purpose of providing the relevant services to you, your affiliates, and/or your respective clients under the relevant Quotation. GoGoX shall collect, hold, process, use, protect, store, share and transfer all Information in accordance with its privacy policy available at https://www.gogox.com/privacy/.
Each party represents and warrants that each has the legal power to enter into and perform under the relevant Quotation, and that each shall comply with all applicable laws in their performance as set out in the relevant Quotation. Each party agrees to compensate and defend the other against any and all claims or legal proceedings brought against it by any other person as a result of the other party’s breach of any applicable law and regulations and of any terms and conditions of the relevant Quotation.
You agree that during the relevant service period, and for 12 months after expiration of the relevant service period, you will not, directly or indirectly, in person or in concert with others, seek to or actually recruit, solicit, divert, attempt to influence or assist, participate in, or promote the solicitation of, or otherwise attempt to adversely affect: (i) the employment of any person who is employed by GoGoX; (ii) the subcontractors of GoGoX; (iii) the business relationship of any person with GoGoX.
You acknowledge that GoGoX’s loss of employees, subcontractors, and/or business relationships could adversely affect its operations and jeopardize the goodwill that GoGoX has established, and GoGoX therefore has a legitimate interest in preventing the solicitation of its employees, subcontractors, and/or business relationships.
GoGoX shall not be liable or deemed to be in breach of these General Terms and/or the relevant Quotation by reason of any delay in the performance of the Services if such delay or non-performance of the relevant services was due to any cause beyond GoGoX’s reasonable control.
The terms of each Quotation and these General Terms shall be governed by the laws of Hong Kong.
You acknowledge and agree that it shall be your responsibility to review these General Terms regularly and GoGoX may, at its sole discretion, from time to time amend or otherwise modify or replace any of these General Terms, as it deems fit without prior notice to you.
In case of any disputes, GoGoX reserves the right of final decision.
(Last updated on: July 2024)
