Terms and Conditions
This Rental Agreement sets forth the conditions on which we will provide the services offered through the wificandy.com website ("the Website"). This Rental Agreement is a contract between you and CENTURY MATERIAL LIMITED ("Company"), and covers all rentals made pursuant to this Website.
BEFORE YOU CLICK ON THE "RESERVE NOW" BUTTON, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY CLICKING ON THE "I HAVE READ AND AGREED TO THE RENTAL AGREEMENT" CHECKBOX, YOU ARE BOUND BY AND HAVE BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CLICK ON THIS CHECKBOX OR CONTINUE TO WITH THE BOOKING PROCESS. WE RESERVE THE RIGHT TO AMEND THIS RENTAL AGREEMENT AT ANY TIME. ANY SUCH CHANGES WILL APPLY TO FUTURE RENTALS AFTER THE DATE ON WHICH SUCH AMENDMENT GOES INTO EFFECT.
1. Nature of Services
Company provides a wireless modem rental service (the "WiFiCandy"), along with user guides and accessories (collectively the "Equipment") to visitors who visit Hong Kong. We do not offer Equipment for sale on this Website.
2. Eligibility to rent equipment
While our Equipment may be used by travelers of any age, we can only rent to adults who are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Rental Agreement, and to abide by and comply with the terms set forth herein.
All Equipment should be returned in accordance with our return instructions. The Equipment shall be returned in good working order and condition. You assume all risk of loss and damage from the return of all Equipment to our designated address.
4. Fees and charges
(a) Rental Charges. Rental fees for the use of our Equipment are assessed commencing as of the Arrival Date and ending as of the date on which the Equipment is returned. Our current rental fee schedule is posted on our Website and may be amended from time to time upon prior notice. Please note that we do not apply any credit for a partial billing date; all partial days will be treated as full days for our billing purposes.
To place any booking, we require a credit card to pay for the rental fee and authorize the anticipated charges. Deposit will be secured by an authorization hold on the same credit card and will be cleared upon our receipt of your Equipment following your designated Departure Date, deducting any damage charges or late fees. The secured amount will not be available for your use.
(b) Charges for Damage to the Equipment. You are solely responsible for all loss or damage to the Equipment during the Rental Period. We will bill any charges for damage at our discretion and apply them toward any deposit, or in the alternative, bill them directly to your credit card. Charges for the loss of the Equipment will be applied toward the deposit or billed to a credit card as set forth in Section (d) below.
(c) Late Fees. Failure to return the Equipment (including all accessories and user guides) promptly to us will result in the incurrence of additional late charges. All returns must be made on or before your Departure Date. In the event that we fail to receive the Equipment, or any portion of the Equipment after the rental end date, you will be incur a daily penalty fee of HK$70 until the date the Equipment is received.
(d) In case of equipment loss, damage or theft, the User shall be liable to pay compensation to the company based on the following:
Pocket Wifi modem device : HKD800
Battery : HKD150
Power adapter : HKD150
Pouch : HKD50
Please note that we reserve the right to institute collection procedures against you in the event that you fail to return our Equipment to us as required by this Rental Agreement or fail to pay any service or damage charges or late fees that you incur. If it becomes necessary for us to institute collection procedures against you, you agree to pay our costs of collection, including without limitation reasonable attorneys fees. Any late fees that we collect will not waive any other right or remedy that may otherwise be available to you under this Agreement.
5. Fair Usage Policy
This policy sets out the guidelines for implementation of the Fair Usage Policy for the provision of mobile broadband services by our service provider to ensure customers shall have a fair opportunity to access to and enjoy the local data network resources.
At any time during the rental period, once the aggregate local data usage of a customer in the relevant rental period reaches the relevant Fair Usage Data Threshold, our service provider shall have the right to reduce and restrict the data access speed (upload and download) to not less than 128 kbps.
Cancellation before the rental payment is done will be free of charged. Cancellation after payment is settled, we reserve the rights to charge you for HKD150 as administration fees.
7. Ownership of equipment
By using this service, you agree and acknowledge you are renting Equipment for travel purposes only, and that you will acquire no rights in the Equipment. You agree that we will retain all ownership of the Equipment, including but not limited to user guides and accessories.
By agreeing to this Rental Agreement, you agree to indemnify, defend, and hold harmless Company, our officers, directors, employees, independent contractors, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expense, including but not limited to reasonable attorney's fees, in any way connected with (a) a breach of the terms and conditions of this Rental Agreement; and (b) any dispute between you and any third party service, which you engaged through our user guide.
9. Force Majeure
In the event we fail to perform any obligation pursuant to this Agreement due to an "act of God," or an act of any government, terrorism, riot, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond our control, such failure shall not be deemed to be a breach of this Agreement, provided that we notify you of the existence and nature of the reason for our nonperformance and delay, and we resume performance immediately upon the conclusion of the relevant force majeure.
(a) It is the customer’s sole responsibility to disable all data roaming service of devices (where appropriate). WiFiCandy will not entertain any dispute for data roaming charges incurred to the customer if the customer fails to disable the device as aforesaid.
(b) WiFiCandy will not be responsible for the failure to access the internet using the Service if the failure was due to the customer’s smartphone error and/or settings which failed to provide Internet services.
(c) To the maximum extent permitted by laws, in no event shall WiFiCandy be liable to the customer and/or any third parties for any indirect, special and consequential loss and damage (which includes, without limitation, loss of profits, revenue, goodwill) which may arise out of or in connection with the Service and promotion gift(s). In case of proven breach by WiFiCandy, customer’s sole and entire remedy shall be the refund by WiFiCandy of the rental fee for the Service involved.
Last update: 1st Feb 2015