Terms and Conditions
1. Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and BoBo and BoBo (HK) Limited. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. BoBo and BoBo (HK) Limited may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
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.
BoBo or BoBo (HK) Limited may amend the Terms related to the Services from time to time. Amendments will be effective upon BoBo’s or BoBo (HK) Limited's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services constitute access to a technology platform (and any related content) that is offered by BoBo and BoBo (HK) Limited in a number of forms, including mobile and/or web based applications (“Applications”). Among other things, the Applications will: (i) facilitate your connection to independent third party providers, including independent third party drivers, independent third party carers (“Third Party Providers”) for the purchase of services or goods from such Third Party Providers, including, but not limited to, transportation, and/or carer service or other items (“Items”); and (ii) enable you to receive any related content or services, including payment processing and user support. For certain request options associated with the carer services, as a part of the services offered by the Third Party Provider to you, such parties may order, purchase and/or pay for Items on your behalf from third parties (where applicable). Unless otherwise agreed by BoBo or BoBo (HK) Limited in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
You acknowledge that:
(i) BoBo and BoBo (HK) Limited does not provide transportation, carer services or function as a transportation carrier and that all such transportation or carer services are provided by Third Party Providers who are not employed by BoBo or BoBo (HK) Limited or any of its affiliates;
(ii) To the fullest extent permitted by law, BoBo and BoBo (HK) Limited shall not be liable for the actions or omissions of any Third Party Provider in regards to the provision of the services and does not assume any liability for the condition, standard and quality of the services provided by the Third Party Providers or guarantees the accuracy or completeness of the information (including the information, photos or images of the Items displayed on the platform). Photos and images may be displayed on the platform for illustration purposes and are for your reference only and shall not form or be construed as being part of any offer, contract, representation or warranty, expressly or impliedly;
(iii) 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); and
(iv) Any safety or other related effort, feature, process, policy, standard or other effort undertaken by BoBo or BoBo (HK) Limited or its affiliates, in the interests of public safety or maintenance of the quality of the Services (whether required by the applicable regulations or not), is not an indicia of an employment relationship with a Third Party Provider.
Subject to your compliance with these Terms, BoBo and BoBo (HK) Limited grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable free-of-charge license to: (i) access and use the Applications 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. Any rights not expressly granted herein are reserved by BoBo and BoBo (HK) Limited and its licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) 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 BoBo and BoBo (HK) Limited; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) 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 (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services
You acknowledge that portions of the Services may be made available under BoBo's or BoBo (HK) Limited’s various brands or request options associated with transportation or logistics, including but not limited to, the transportation request brands currently referred to as ''BoBo Care'', ''BoBo Welcab'', ''BoBo Taxi'', ''BoBo Grand'', ''BoBo Rehabus'', ''BoBo Bus''. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of BoBo's and BoBo (HK) Limited’s subsidiaries and affiliates; and/or (ii) Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses, carer service providers.
Third Party Services and Content
The Services and all rights therein are and shall remain BoBo (HK) Limited’s property or the property of BoBo (HK) Limited’s licensors. 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 BoBo's or BoBo (HK) Limited’s company names, logos, product and service names, trademarks or services marks or those of BoBo (HK) Limited’s licensors.
3. Your Use of the ServicesUser Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to BoBo and BoBo (HK) Limited certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or BoBo’s and BoBo (HK) Limited's termination of these Terms with you. You are 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. Unless otherwise permitted by BoBo and BoBo (HK) Limited in writing, you may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. If you request a ride option where a driver agrees to provide you with assistance outside of the vehicle (e.g., BoBo Assist), you acknowledge and agree that neither BoBo, BoBo (HK) Limited nor the Third Party Provider is responsible for any injury or incident that may arise out of the assistance provided by the Third Party Provider. In certain instances you may be asked to provide proof of age, identity or other methods of identity verification to access or use the Services and/or the purchase of certain Items via the platform. You agree that you may be denied access to or use of the Services and/or the Items if you refuse to provide the requisite proof of age, identity or other methods of identity verification.
Subject to the discretion of a Third Party Provider, you may be allowed to bring a small animal, such as a dog or cat, on a ride requested through the platform. For such trips, you are responsible for properly securing the animal with a leash, harness, crate / carrier, or through other means. You are also responsible for ensuring that the animal does not cause damage or a mess in the Third Party Provider’s vehicle. You may be subject to a Charge for Repair or Cleaning under this agreement for any damage or mess caused by an animal that is transported during a ride requested under your Account.
By creating an Account, you agree that the Services may send you text (SMS) messages, push notifications and/or emails as part of the normal business operation of your use of the Services.
By creating an Account, you agree that BoBo, BoBo (HK) Limited and their respective subsidiaries, representatives, affiliates, officers and directors, may contact you by telephone, text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) or email at any of the phone numbers or email addresses provided by you or on your behalf in connection with an BoBo account, including for promotional purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You may opt out of receiving promotional emails from BoBo and BoBo (HK) Limited. You may also opt out of receiving emails and other messages from BoBo and BoBo (HK) Limited by following the unsubscribe instructions in those messages. Even if you have opted out of receiving such promotional messages, BoBo or BoBo (HK) Limited may send you non-promotional communications, such as receipts for rides or information about your account, and for purposes described in its Privacy Notice.
You agree that BoBo or BoBo (HK) Limited may contact you using any of the phone numbers you provided in connection with an BoBo account (including via text or voice-recorded message) or your email address in the case of suspected fraud or unlawful activity or for safety purposes.
BoBo may, in BoBo (HK) Limited’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that BoBo and BoBo (HK) Limited establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by BoBo or BoBo (HK) Limited; (iii) may be disabled by BoBo or BoBo (HK) Limited at any time for any reason without liability to BoBo and BoBo (HK) Limited; (iv) may only be used pursuant to the specific terms that BoBo establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. BoBo or BoBo (HK) Limited reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that BoBo or BoBo (HK) Limited determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms and/or these Terms.
User Provided Content
BoBo may, in BoBo (HK) Limited’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to BoBo or BoBo (HK) Limited 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 BoBo or BoBo (HK) Limited, you grant BoBo and BoBo (HK) Limited a worldwide, perpetual, irrevocable, transferrable, free-of-charge license, 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 BoBo’s and BoBo (HK) Limited'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 BoBo and BoBo (HK) Limited 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 BoBo's nor BoBo (HK) Limited’s use of the User Content as permitted herein will 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 to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by BoBo or BoBo (HK) Limited in its sole discretion, whether or not such material may be protected by law. BoBo and BoBo (HK) Limited may, but shall not be obligated to, review, monitor, or remove User Content, at BoBo (HK) Limited’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. BoBo and BoBo (HK) Limited 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.
You understand that use of the Services may result in charges to you, for the services and/or goods you receive, from a Third Party Provider (“Charges”). After you have received services and/or goods obtained through your use of the Service, BoBo or BoBo (HK) Limited 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 will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by BoBo and BoBo (HK) Limited. 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. BoBo and BoBo (HK) Limited will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by BoBo and BoBo (HK) Limited using the preferred payment method designated in your Account, after which BoBo or BoBo (HK) Limited will send you a receipt on behalf of the Third Party Provider by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that BoBo or BoBo (HK) Limited may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and BoBo and BoBo (HK) Limited, BoBo or BoBo (HK) Limited reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time, on behalf of the Third Party Provider. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. BoBo and BoBo (HK) Limited 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. BoBo and BoBo (HK) Limited may from time to time provide certain users with promotional offers that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers, 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 or goods 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 by the Third Party Provider.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided to you. BoBo and BoBo (HK) Limited does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by BoBo and BoBo (HK) Limited (on BoBo’s website, in the Application, or in BoBo’s or BoBo (HK) Limited's marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services and/or goods provided is not intended to suggest that BoBo and BoBo (HK) Limited provides any additional amounts, beyond those described above, 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. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
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, and such Repair or Cleaning request is verified by BoBo or BoBo (HK) Limited in BoBo (HK) Limited’s reasonable discretion, BoBo or BoBo (HK) Limited reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by BoBo or BoBo (HK) Limited to the applicable Third Party Provider and are non-refundable.
Additionally, if you fail to comply with these Terms you may be responsible for Charges, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Terms.
BoBo Care Booking Terms and Conditions
You may be required to pay a cancellation fee if you cancel your pre-booked trip. Please read below for further information on the cancellation fees. Once your driver arrives at the scheduled pick-up point, you or your passenger should meet your driver within the designated "waiting time" (as shown below) after the scheduled pick-up time to begin your trip. Otherwise, the trip may be cancelled and you will be required to pay the applicable "cancellation fee" as shown below. However, if your driver partner is expected to be significantly late, we will notify you in advance and you will be able to cancel your trip freely within 10 minutes of receiving the notification.
Cancellation 60 minutes before trip start time: free cancellation.
Cancellation less than 60 minutes before trip start time: 50% of your total trip fare.
No cancellation and no arrival at the pick up point: 100% of your total trip fare.
Waiting time: 15 minutes.
If the distance, time or route of your trip changes, the cost of your trip may increase. The cost of your trip includes the booking fee (i.e., the fee paid by the passenger for the additional waiting time). Available discounts will be applied to your trip fare when the system prompts the driver to go to the pick-up location. BoBo does not guarantee that the driver-partner will accept your pre-booked trip.
BoBo Welcab & BoBo Grand Booking Terms and Conditions
Monday to Friday: 08:00 to 19:00
Saturdays, Sundays and Public Holidays: 08:00 to 18:00
Remaining hours are "Special Operation Hours".
I. Additional fees may apply:
- Parking fees and other miscellaneous charges are reimbursable.
- An additional HK$300/hour will be charged 15 minutes after your driver arrives at your location on time. (less than one hour will be counted as one hour).
- Please inform us 24 hours before the scheduled date if you wish to reschedule your booking (the rescheduled date must be used within one month after the original date). An administrative fee of HK$50 will be charged for each re-scheduling, and the remaining fare will be used as deposit for the next use of the vehicle.
- If the booking is canceled within 24 hours of the booking date, an administrative fee of HK$200 will be charged and the remaining fare will be used as a deposit for the next booking (the change must be made within one month of the original booking date).
- Failure to show up at the scheduled time may be considered as a missed appointment and all fees will not be refunded.
- As far as practicable, the driver must stop the pick-up service immediately after the hoisting of typhoon signal No. 8 or above and black rainstorm signal, and park the vehicle at the designated location (if no designated location is available, the vehicle should be parked in a covered parking lot).
5. Disclaimers; Limitation of Liability; Indemnity.
The services are provided “as is” and “as available.” BoBo and BoBo (HK) Limited disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, BoBo and BoBo (HK) Limited makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. BoBo and BoBo (HK) Limited does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
BoBo and BoBo (HK) Limited do not control, manage or direct any third party providers. Third party providers are not employees of BoBo and BoBo (HK) Limited. BoBo and BoBo (HK) Limited shall not be responsible for any act or omission by any third party providers.
BoBo and BoBo (HK) Limited do not control, endorse or take responsibility for any user content or third party content available on or linked to by the services. BoBo and BoBo (HK) Limited cannot and does not represent or warrant that the services or servers are free of viruses or other harmful components.
Limitation of Liability
BoBo and BoBo (HK) Limited shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, 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 BoBo and BoBo (HK) Limited has been advised of the possibility of such damages. BoBo and BoBo (HK) Limited 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) any transaction or relationship between you and any third party provider, even if bobo or noaa limited has been advised of the possibility of such damages. BoBo and BoBo (HK) Limited shall not be liable for delay or failure in performance resulting from causes beyond BoBo’s and BoBo (HK) Limited’s reasonable control. You acknowledge that third party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted. BoBo’s and BoBo (HK) Limited’s liability shall be limited to the extent permitted by law.
BoBo’s and BoBo (HK) Limited’s services may be used by you to request and schedule transportation, carer, goods or logistics services with third party providers, but you agree that BoBo and BoBo (HK) Limited has no responsibility or liability to you related to any transportation, carer, goods or logistics services provided to you by third party providers other than as expressly set forth in these terms.
The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
You agree to indemnify and hold BoBo and BoBo (HK) Limited and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) BoBo's and BoBo (HK) Limited’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. Governing Law; Arbitration.
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 Special Administrative Region of the People's Republic of China. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the Basic Law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Basic Law. The place of both mediation and arbitration shall be Hong Kong. The language of the mediation and/or arbitration shall be Cantonese, unless you do not speak Cantonese, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the Basic Law, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
7. Other Provisions
Claims of Copyright Infringement
Claims of copyright infringement should be sent to BoBo’s or NOAA's designated agent. Please visit BoBo’s web page at www.bobohk.com/legal for the designated address and additional information.
BoBo and BoBo (HK) Limited 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 BoBo by written communication to BoBo's address at Lion Rock 72, Innocentre, Tat Chee Avenue, Kowloon Tong, Kowloon, HK.
You may not assign or transfer these Terms in whole or in part without BoBo’s and NOAA's prior written approval. You give your approval to BoBo and BoBo (HK) Limited for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of BoBo’s and BoBo (HK) Limited's equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, BoBo or BoBo (HK) Limited or any Third Party Provider as a result of the contract between you and BoBo and BoBo (HK) Limited or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”