This Rental Agreement sets forth the conditions on which we will provide the services offered through the crazyegg.com.hk website ("the Website"). This Rental Agreement is a contract between you and CRAZYEGG ("Company"), and covers all rentals made pursuant to this Website.
1. Nature of Services
Company provides a wireless modem rental service (the "CRAZYEGG"), along with user guides and accessories (collectively the "Equipment") to travelers who plan to visit a range of destinations from Hong Kong. We do not offer Equipment for sale on this Website. Cental Agreement, and to abide by and comply with the terms set forth herein.
2. Fees and charges
- Rental Charges. Rental fees for the use of our Equipment are assessed commencing as of the Departure 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 without 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 Return Date, deducting any damage charges or late fees. The secured amount will not be available for your use.
- 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.
- 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 Return 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 original price plus HKD20 fee until the date the Equipment is received. In case the equipment is not returned within 5 working days of your Return Date you will incur a final penalty fee for the loss of the equipment. If for any reason you are unable to return the Equipment to us, including but not limited to the Equipment being lost or stolen during the Rental Period, then you should contact us immediately, so that you do not incur additional late charges. Charges for any loss of equipment will be attributed as follows; repurchasing the device and SIM card, as well as the consequent restocking / setup fee. To this extent, a fee of HK$1,000 will be levied upon the customer in the event of loss of each Crazyegg modem rented. Company will not accept replacement devices as a substitute for any of these fees. In the event of a lost Crazyegg modem, any remaining balance on the account cannot be refunded, as it is linked with the SIM card. However if the equipment is returned to us after we have charged the loss penalty, we will immediately offset the charge with the fee corresponding to the number of days your device is considered overdue.
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.
All Equipment should be returned in person to Company’s office or by other generally recognized courier service 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. You agree to pay for all return shipping charges at the time of the rental. You agree to take responsibility and pay for all return shipping charges upon the return of the Equipment.
4. Refund Policy
Upon your return of the Equipment,we take 30 days for handling the refund of deposit.
If reservation is cancelled prior to the Designated Departure Date, the customer will be charged 50% of the rental fee and will not be charged for the full deposit.
6. Disclaimer of Warranties
EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 10 ABOVE, COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE EQUIPMENT OR THIS RENTAL AGREEMENT. WE MAKE NO ENDORSEMENTS REGARDING ANY THIRD PARTY LISTED IN OUR USER GUIDE, AND CANNOT WARRANT OR MAKE ANY REPRESENTATION ABOUT THE QUALITY OF THEIR SERVICES. WE CANNOT WARRANT OUR EQUIPMENT WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL OF YOUR NEEDS, OR THAT ANY THIRD PARTY SERVICES THAT YOU ACCESS THROUGH THE USER GUIDE WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. WE CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD PARTY SERVICES. COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE EQUIPMENT, OUR RENTAL SERVICES, AND ANY THIRD PARTY SERVICES ACCESSED THROUGH OUR USER GUIDE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE EQUIPMENT AND FOR ANY RELIANCE ON ANY THIRD PARTY SERVICES. While we will make every effort to erase all personal information left on returned Equipment, we cannot be responsible for ensuring the protection of personal information left on returned Equipment. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING PERSONAL INFORMATION PRIOR TO RETURNING EQUIPMENT RENTED PURSUANT TO THIS RENTAL AGREEMENT.
7. Consequential Damages; Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT GOODS AND SERVICES, COVER, OR RELIANCE DAMAGES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OFOR IN CONNECTION WITH THIS AGREEMENT,WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WE AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Our total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under this Rental Agreement. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder.
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.
We reserve the right to discontinue our rental services or terminate and/or amend this Rental Agreement at any time at our sole discretion. Expiration or termination of this Rental Agreement will not relieve you of any payment obligations hereunder. Sections 5, 6, 8, 9, 14-17 shall survive any such expiration or termination. You may not assign or transfer any of your rights or obligations under this Rental Agreement without our prior written consent. You agree that we may assign this Rental Agreement without prior notice in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the terms of this Rental Agreement, no matter how long continuing or how often repeated, shall be deemed a waiver of any subsequent breach thereof, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any provision of this Rental Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision will be construed to the extent feasible, to render the provision enforceable. If no feasible interpretation will save such provision, it is to be severed from the remainder of the terms of this Rental Agreement, which are to remain in full force and effect. This Agreement contains the entire understanding of the Parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.
10. 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.
11. Governing law; Dispute Resolution
Any dispute arising under this Agreement will be subject to binding arbitration by a single Arbitrator with the Hong Kong International Arbitration Centre (HKIAC), in accordance with its relevant industry rules, if any. The parties agree that this Rental Agreement will be governed by and construed and interpreted in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China. The arbitration will be held in Hong Kong. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this Rental Agreement. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.
12. Rental period
The Rental Period commences on your departure date ("Departure Date") and expires upon your designated return date ("Return Date").