Last Modified: July 31, 2018
BY RENTING OR USING A BICYCLE FROM HOPR AND/OR USING THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED WITHIN THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE WAIVERS, RELEASES AND LIMITATIONS OF LIABILITY SET FORTH HEREIN.
YOUR CONSENT IS EFFECTIVE IMMEDIATELY FOLLOWING THE EARLIER OF (i) YOUR ACCEPTANCE OF THIS AGREEMENT AND (ii) YOUR USE OF THE SERVICES.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE SET FORTH IN THE AGREEMENT, YOU ARE NOT PERMITTED TO RENT OR USE A BICYCLE FROM HOPR.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO RENT AND USE A BICYCLE FROM HOPR.
- CONTRACTUAL RELATIONSHIP; ACCEPTANCE OF TERMS
1.3 ENTIRE AGREEMENT. This Agreement expressly supersedes prior agreements or arrangements between you and HOPR.
1.4 OTHER TERMS. When you use certain parts of the Services, you may need to read and accept the relevant supplementary terms and other related special rules posted on the Services, including those that may apply specifically to services provided by Third Party Providers. In the event of any conflict between such supplementary terms, special rules, and this Agreement, the most stringent terms shall prevail.
- AMENDMENTS TO THE AGREEMENT
2.1 RIGHT TO AMEND. HOPR and any of the Third Party Providers may, from time to time, amend such terms and/or conditions of the Agreement for which they are responsible. Amendments will be effective upon HOPR’s and/or a Third Party Provider, as applicable, posting such updated terms on its respective website and/or mobile application. In some cases, as determined in HOPR’s sole discretion, HOPR may provide additional notice to you, such as via the Services or to an email address you have provided to HOPR. Your continued access or use of the Services after such posting confirms your consent to be bound by the Agreement, as amended.
2.2 RIGHT TO REJECT CHANGES. If HOPR or any of its Third Party Providers changes the terms and/or condition after the date you first agreed to the Agreement (or to any subsequent changes to the Agreement), you may reject any such change by providing HOPR notice of such rejection within thirty (30) days of the “Last Modified” date found at the top of this Agreement or within thirty (30) days of a modification made by a Third Party Provider (“Notice”). For the Notice to be effected:
- you must provide such Notice by email from the email address associated with your account to: firstname.lastname@example.org;
- the Notice must include your full name; and
- the Notice must clearly indicate your intent to reject changes to the Agreement.
HOPR reserves the right to immediately terminate this Agreement and your use of the Services on receipt of such Notice.
3.1 GENERAL. The Services comprise the following:
- mobile applications and related services (each, an “Application“), which enable users to arrange and schedule transportation, logistics and/or delivery services, including with third party providers of such services and goods under agreement with HOPR (“Third Party Providers“); and
3.3 LICENSE. Subject to your compliance with this Agreement, HOPR grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
- access and use the Applications on your personal device solely in connection with your use of the Services; and
- 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.
For greater certainty, any rights not expressly granted herein are reserved by HOPR and HOPR’s licensors.
3.4 COVENANTS. At all times that you access and/or use the Services, you agree that you shall: (i) comply with the Agreement and all applicable laws; (ii) provide accurate information and update your information so it remains accurate at all reasonable times; (iii) use your real name and accurate personal information for the Services; and (iv) use the Services in a civilized and professional manner.
3.5 RESTRICTIONS. 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 HOPR; (iii) decompile, reverse engineer or disassemble the Services; (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.
3.6 INTELLECTUAL PROPERTY RIGHTS. The Services and all intellectual property rights therein are and shall remain HOPR’s property or the property of HOPR’s licensors. Neither the Agreement 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 in section 3.3 above; or (ii) to use or reference in any manner HOPR’s company names, logos, product and service names, trademarks or services marks or those of HOPR’s licensors.
- REGISTRATION & USER ACCOUNTS
4.1 USER ACCOUNT
- Account Required – To access and/or use most aspects of the Services, you must register for and maintain an active personal user account (“Account“) by completing the registration process on HOPR’s website or through an applicable Application, including providing a valid credit card number with expiration date (“Credit Card”). Pre-paid credit cards are not considered a valid method of payment.
- One Account Only – Unless otherwise permitted by HOPR in writing, you may only possess one Account.
- Age Limit – You must be at least 18 years of age to obtain an Account, unless a specific Service permits otherwise.
- Personal Information – Account registration requires you to submit to HOPR certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by HOPR. The collection and use of personal information in connection with the Services is described in HOPR’s Privacy Statement which is available here: https://gohopr.com/privacy-canada/ , as well as in applicable Third Party Provider policies available from such Third Party Providers.
- Accurate Information – 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/or use the Services.
- Responsibility of Use – 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. HOPR recommends you change your password at least every ninety (90) days. HOPR shall not be responsible for any loss, claim, or other liability that may arise from the unauthorized use of your Account or password. You agree to immediately notify HOPR of any unauthorized use of your Account or password or any other breach of security by emailing HOPR at email@example.com.
- Account Disabling – To disable your account, contact us at firstname.lastname@example.org. When your account has been disabled, you will no longer be able to access your account.
4.2 GENERAL USER REQUIREMENTS AND CONDUCT
- Age Limit – The Services are not available for use by any persons under the age of 18.
- Prohibited Other Users – Subject to section 5.13, You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services provided by CycleHop or any of its Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity.
- Compliance with Laws – You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).
- Prohibited Conduct – You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to a Third Party Provider or any other person.
- Proof of Identity – In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
4.3 REFERRALS AND PROMOTIONAL CODES. HOPR may, in its sole discretion, create referral and/or promotional codes (“Promo Codes“) that may be redeemed for discounts on future Services and/or a Third Party Provider’s services, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that HOPR establishes from time to time. You agree that Promo Codes: (i) must be used by the intended audience, for the intended 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 HOPR; (iii) may be disabled by HOPR at any time for any reason without liability to HOPR; (iv) may only be used pursuant to the specific terms that HOPR establishes for such Promo Code; (v) are not valid for cash or redeemable for other uses or services, unless expressly permitted by HOPR; and (vi) may expire prior to your use. HOPR reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that HOPR determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of this Agreement.
4.4 USER PROVIDED CONTENT. HOPR may, in HOPR’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to HOPR 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 HOPR, you grant HOPR and its Third Party Providers a worldwide, perpetual, irrevocable, transferable, royalty-free 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 HOPR’s or any of its Third Party Provider’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 HOPR 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, nor HOPR’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 laws. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by HOPR in its sole discretion, whether or not such material may be protected by law. HOPR may, but shall not be obligated to, review, monitor, or remove User Content, at HOPR’s sole discretion and at any time and for any reason, without notice to you.
4.5 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 your device, which fees you are fully responsible for and HOPR has no responsibility whatsoever to pay or reimburse you for. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. HOPR 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.
- BICYCLE USE
- REPRESENTATIONS AND WARRANTIES. As a condition precedent to HOPR’s agreement to allow you to rent and/or use a Bike, you represent and warrant to HOPR that:
- you are 18 years of age or older;
- you are the legal holder of and named on the Credit Card used to rent a Bike in accordance with the terms of this Agreement;
- you are experienced and familiar with the safe and competent operation of the Bike, and that you are physically and mentally fit to ride the Bike; and
- you are familiar with all applicable rules, regulations, codes and laws that relate to the safe and legal operation of a bicycle.
- ACKNOWLEDGMENTS. As a condition precedent to HOPR’s agreement to allow you to use and rent a Bike, you acknowledge and agree as follows:
- you are fully aware that riding a bicycle on streets poses a risk of accident due to motorists, pedestrians, and road conditions, and you must be aware and keep a proper lookout to avoid such accidents;
- you are fully trained and capable of operating and riding a bicycle and are not relying on HOPR to learn how to operate and/or ride a Bike;
- failure to use a helmet or to use the Bike in a careful and reasonably competent manner may result in bodily injury or death to you and others, for which you accept full responsibility;
- you are solely responsible for obtaining and using a helmet and proper clothing and shoes;
- a helmet, even when used, does not eliminate the risk of bodily injury in the event of an accident;
- you are solely responsible for operating and riding a Bike in a careful and reasonably competent manner;
- all Bikes are and shall remain the exclusive property of HOPR at all times;
- you are solely responsible for any moving violations and fines incurred by you while using the Bike, including any fees for parking the Bike in prohibited locations and/or for riding in any illegal manner;
- HOPR is not obligated to provide insurance of any kind related to you or your use of the Bike, and in the event that HOPR, at its option, carries insurance, you shall remain liable for any liability, property damage, personal injury, injury to others, damages, penalties, fines, losses, and expenses of any kind whatsoever;
- if you cause any damage to property or injury to another party while operating or in possession of the Bike, you are solely liable for such damage or injury;
- you shall return the Bike to HOPR in the same condition as when received;
- you are liable for any and all damages resulting from improper use or abuse of the Bike and the cost of such damages; and
- HOPR provides Bikes as a service, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Bike on their own and who have agreed to all terms and conditions of this Agreement.
- RESTRICTED USES. You shall not do any of the following (each a “Restricted Use”, and collectively the “Restricted Uses”):
- use any Bike if any illegal manner;
- subject to section 5.13, allow any other person to use a Bike that you have rented in accordance with this Agreement;
- use any Bike if you have any existing physical or mental condition that would prevent you from safely operating the Bike;
- operate a Bike while carrying any item that impedes your ability to safely operate the Bike;
- operate a Bike while under the influence of alcohol, drugs, or any other substance that impair your ability to safely operate the Bike;
- use any cell phone or electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts you from the safe operation of the Bike;
- allow any other person to use the Bike at the same time as you, or allow more than one person to be carried on the Bike;
- overfill the Bike basket or place objects weighing in total more 9 kilograms (20 pounds) in the Bike basket;
- violate any applicable law while using a Bike;
- operate or use a Bike in any manner during adverse weather conditions, including but not limited to: hail, snow, dust storms, fog, heavy rains, or lightning storms;
- ride or operate a Bike that has any defect, fails to operate as a properly functioning bicycle, or that is in need of repair;
- continue using the Bike if it, or any component of it, should become defective or malfunction;
- use the Bike for racing (two or more riders competing to arrive at a particular location first), trick riding, jumping, stunt riding and/or, off-road riding;
- use the Bike for any commercial purposes;
- tow, pull, carry or push any person or object with a Bike;
- remove, modify, or add any accessories, parts or components of any Bike; and/or
- ride the Bike without paying applicable user fees at the time they become due.
- RENTAL PLANS.
- You may purchase from HOPR any of the following rental plans for the use of a bicycle provided by HOPR (“Bike”) at the following rate structures:
- Pay As You Go Plan – cost of $1 to begin using a Bike, followed by $0.16 per minute of use;
- Monthly Plan – cost of $15 per month, which provides the user with up to one hundred (100) trips of up to thirty (30) minutes in duration. Each trip that exceeds thirty (30) minutes in duration will be charged an additional $0.10 per minute of use; and
- Monthly Student Plan – cost of $10 per month, which provides the user with up to one hundred (100) trips of up to thirty (30) minutes in duration. Each trip that exceeds thirty (30) minutes in duration will be charged an additional $0.10 per minute of use.
- All rental plans will automatically renew unless cancelled, with the exception of the Pay As You Go Plan. To cancel your rental plan, login to your account on the HOPR app. If you cancel your membership, your Account will be maintained. HOPR offers refunds under limited circumstances. Please see the refund policy at https://gohopr.com/refund-policy/ .
- Unused rental time cannot be carried over from one day to another day, or from one month to another.
- If you fail to return a Bike that you have rented to a HOPR Bike station within sixteen (16) hours of the start of a rental period, HOPR may deem the Bike to be stolen and may charge you a fee in accordance with section 5.9.
- Rental plans are non-transferable and cannot be shared with any other person. Rental of Bikes is restricted to the applicable user account holder.
5.5 BOUNDARIES. Bike rental trips must begin and end at one of the following locations:
- a designated station depicted on the station map posted at each such station and available on one or more of the Applications; or
- a location that meets all of the following conditions:
- is situated within the HOPR program area designated on the most up-to-date map posted on one or more of the Applications (“Program Area”); and
- is not situated in any of the following areas:
- within 2 meters of any pedestrian travel area;
- within 0.3 meters of the edge of any curve;
- within 4 meters of the entrance to any building or any vendor space;
- any designated no-parking area;
- any no-parking area described in an Application;
- any bus zone, loading zone, taxi zone, police vehicle zone, excursion loading zone (i.e., tour bus), or hotel loading zone;
- within 4 meters of any fire hydrant;
- within 2.5 meters of any driveway or access lane;
- on any roadway;
- with the sight line triangle of road users at any intersection; and
- in any manner that obstructs utility access openings, garbage bins, doorways or any other access to any buildings.
(each, an “Approved Location”).
Any Bike left outside an Approved Location will be considered stolen, with fees charged in accordance with section 5.9.
5.6 SMART LOCK DEVICES. The Bikes may be equipped with smart lock devices having antennas that should, to the extent possible, remain at least 20 cm away from individuals. The antenna on these devices must not be co-located or operating in conjunction with any other antenna or transmitter. You agree that you will not make any changes or modifications to the smart lock device on any Bikes, and you will promptly inform HOPR or any concerns you have with the smart lock devices.
5.7 LOST AND FOUND POLICY. HOPR is not responsible for loss of or damage to any of your property or the property of others left at any time in or on any Bike or on HOPR’s premises, even if it is in HOPR’s possession and regardless of who is at fault. HOPR may not contact you regarding lost items belonging to you or any other person. HOPR is not obligated to remove a Bike from service due to loss of property and is not required to search any Bike for lost property.
5.8 REPAIR AND CLEANING FEES. If HOPR determines in its sole discretion that a Bike is damaged, beyond regular wear and tear, during your rental period of such Bike or become dirty during your use and is in need of cleaning, you shall be charged a non-refundable fee that is equal to the full cost of repairing such damage and/or cleaning the Bike.
5.9 LOST OR STOLEN BIKE FEE. HOPR may charge you the Bike’s full replacement cost of up to $1,000 if: (i) you leave a Bike unlocked or unattended and it is stolen; (ii) a Bike is lost or stolen through your fault as determined by HOPR in its sole discretion; or (iii) a Bike is not returned to an Approved Location within the maximum rental time set out in subsection 5.1(d). Any charge owing or paid pursuant to this section 5.9 is non-refundable.
5.10 VIOLATIONS. You are, and shall be, fully and completely responsible, and shall indemnify HOPR, for all tickets and fees assessed against you and/or the Bike during your rental period of the Bike or as a result of the location where you park or otherwise leave the Bike. You are fully responsible for all tickets and moving violations incurred during your Bike rental period, including those resulting from any of your illegal use of a Bike. You agree to fully reimburse HOPR and applicable Third Party Providers for any costs, expenses and legal fees incurred for processing, pursuing and/or defending any such claims.
5.11 ACCOUNT SUSPENSIONS. HOPR reserves the right to suspend or cancel your account without notice if you breach any provision of this Agreement. If your account is suspended, you may have to pay a $10 reinstatement fee to reactivate your Account once a resolution has been reached.
5.12 SERVICE LIMITATIONS. You hereby acknowledge and agree that from and after the date that HOPR makes Bikes available to the public for rental, HOPR may, in its sole discretion: suspend all or part of its Bike rental program at any time; relocate Bike rental stations; reduce the number of Bikes available for rent; and otherwise operate its Bike rental program in its sole discretion. You further acknowledge that HOPR may suspend the availability of Bikes during adverse weather conditions, or may be required to suspend the rental of Bikes by the city or applicable jurisdiction in which the Bikes are located. You shall not be entitled to a refund of any fees for unused rental periods unless HOPR’s Bike rental service has been suspended for a total of more than thirty (30) days over the course of a twelve (12) month period. HOPR does not represent or warrant that Bikes will be available for rental at any Bike rental station at any time. HOPR may, in its sole discretion, require the return of all or a portion of its Bikes at any time.
5.13 RENTAL OF MULTIPLE BIKES. Subject to program requirements and availability, You may rent up to four (4) Bikes at the same time on your account. If You elect to rent multiple Bikes at the same time, You agree to rent the first Bike for your own use and to make subsequent Bikes available to additional riders; such subsequent Bikes will be charged as per the Pay As You Go Plan rate as set out in subsection 5.4 (a). Prior to riding, all additional riders renting a Bike under Your account must review and accept the full terms of this Agreement, except such requirements outlined herein to create an Account. You further acknowledge and agree that: (a) You shall be responsible for each Bike rented under Your account; (b) You shall be responsible for ensuring that any individual operating or using a Bike rented under Your account reads, understands and complies fully with this Agreement, except such requirements outlined herein to create an Account; (c) You are fully and completely responsible and liable for all Claims (as defined below) arising from or related to all additional riders’ use of Bike(s) rented under Your account; and (d) You expressly indemnify HOPR, and hold it harmless, for any harm to person or property resulting from the rental of Bike(s) for additional rider(s) under your account.
- Charges – You understand that your use of the Services may result in charges to you for the services or goods you receive (“Charges“). Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees as may be applied by Third Party Providers.
- Changes – As between you and HOPR, HOPR 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 in HOPR’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. HOPR 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. HOPR may from time to time provide certain users with promotional offers and discounts 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 and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
- Cancellation – You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee.
- Use of Charges – HOPR may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
- Charges Owed to Third Party Providers – In certain cases, with respect to certain Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and HOPR will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent. In such cases, payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. This payment structure is intended to fully compensate such applicable Third Party Provider for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to HOPR or its affiliates.
- Minimum Balance – You must maintain a minimum balance of at least $2.00 on your account in order make use of the Services.
6.2 CREDIT CARDS. You represent and warrant to HOPR that you are authorized to use the Credit Card provided under section 4.1 to register for an account. You hereby authorize HOPR to charge the Credit Card for all costs (including fees, expenses and tickets) incurred by you under this Agreement, including under sections 5.8 and 5.9, and all such costs are subject to applicable taxes and other local government charges, which may be charged and collected by HOPR. In the event that the Credit Card is declined for any reason, HOPR may suspend any and/or all of your rental plans and your ability to use any Bikes until all of your prior charges are paid in full and you have paid a $10.00 reinstatement fee (unless expressly waived by HOPR). Charges paid by you are final and non-refundable, unless otherwise determined by HOPR
6.3 THIRD PARTY PAYMENT PROCESSOR.
- Processor – HOPR may, in its sole discretion, use a third party payment processing company (“Processor”) to collect payments, fees, expenses and other costs owing under this Agreement. In collecting such costs, the Processor may process your credit card transactions and obtain personal information from you.
- Server in United States – The Processor may provide some or all of its services from systems located within the United States. As such, your credit card data (“Card Data”) and personal information may be transferred, processed and stored outside of Canada on servers located in the United States, and may be subject to disclosure as required by applicable laws, such as the provision of information such as your name, credit card type, expiration date, and the last four digits of your credit card number. Unless otherwise indicated to you by HOPR, this information will only be used to make single payment requests or to register you for an ongoing membership plan that requires automatic payments in the future.
- Your Consent – If you object to your personal information and/or Card Data being processed and stored in this manner, you cannot use the Services. By registering for the Bike rental service pursuant to this Agreement and providing valid payment, you expressly consent to HOPR’s use and disclosure of your personal information and Card Data in the manner described in this Agreement, including in this section 6.3. The processing of payments or credits, as applicable, in connection with your use of the Services shall be subject to the terms, conditions, and privacy policies of the Processor and your credit or debit card issuer in addition to this Agreement.
- HOPR – HOPR is not responsible in any way for any errors by the Processor or by your credit card or debit card issuer.
- DISCLAIMERS & LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, THE USE OF SERVICES PURSUANT TO YOUR ACCOUNT, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, INCLUDING ANY CYCLEHOP BICYCLES, REMAINS SOLELY WITH YOU.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE SERVICES, INCLUDING BICYCLES, ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE FULLEST EXTENT PERMITTED BY LAW, HOPR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THE AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, HOPR 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. HOPR DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS OR ANY SERVICES OR GOODS WHATSOEVER PROVIDED BY THIRD PARTY PROVIDERS.
7.2 LIMITATION OF LIABILITY.
HOPR 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, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF HOPR, EVEN IF HOPR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HOPR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
- YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES;
- ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF HOPR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
- YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW;
- ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY HOPR OR ANY OF ITS THIRD PARTY PROVIDERS; OR
- YOUR FAILURE TO WEAR APPROPRIATE PROTECTIVE GEAR AND CLOTHING WHILE USING A CYCLEHOP BICYCLE, OR THE FAILURE OF SUCH PROTECTIVE GEAR OR CLOTHING TO PREVENT DEATH OR INJURY.
HOPR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HOPR’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING SERVICES MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT HOPR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THE AGREEMENT.
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. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, HOPR’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON HOPR’S CHOICE OF LAW PROVISION SET FORTH BELOW.
8.1 YOUR INDEMNIFICATION OBLIGATIONS. You agree, without limitation, to indemnify and hold the City of Ottawa, HOPR, its affiliates and Third Party Providers, and each of their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees), whether direct or indirect, including consequential, exemplary, incidental, special and punitive damages, and lost profits, arising out of or in connection with or otherwise relating to this Agreement, including, but not limited to:
- your breach of any representations, warranties or covenants set forth in this Agreement, and the rental, maintenance, design, use or operation of the Bike and/or any Services, even where caused in whole or in part by the negligence of HOPR, Third Party Providers and/or others, whether currently known or unknown;
- your use of the Services;
- HOPR or any Third Party Provider’s use of your User Content; and/or
- your violation of the rights of any third party, including Third Party Providers,
8.2 SETTLEMENTS. At HOPR’s option, you will assume control of the defense and settlement of any and all Claims subject to indemnification by you (provided that, in such event, HOPR may at any time elect to take over control of the defense and settlement of any such claim). In no event may you settle any such Claims without HOPR’s prior written consent.
8.3 THIRD PARTY CLAIMS. If your conduct causes HOPR to pay any third parties’ Claims, you are solely responsible to HOPR for all the losses after HOPR undertakes monetary and other obligations to such third parties.
- DISPUTE RESOLUTION
9.1 ARBITRATION. You hereby agree that HOPR, at its sole discretion, may submit any disputes whatsoever arising out of, resulting from, and/or relating to this Agreement, your use of any of the Services, including the a Bike, to final and binding arbitration in accordance with the rules and procedures set out in the Arbitration Act, 1991 (Ontario). In the event that HOPR submits such dispute to arbitration, then such arbitration shall be mandatory and binding on the parties. Such proceeding shall be held in the City of Ottawa. All arbitration proceedings will be conducted in the English language. In addition, unless HOPR agrees otherwise in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and HOPR each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
SHOULD HOPR NOT ELECT TO SUBMIT ANY DISPUTE OR CLAIM TO ARBITRATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOPR AND YOU EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LITIGATION OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE ARISING OUT OF OR WITH RESPECT TO THIS AGREEMENT OR YOUR USE OF THE SERVICES, INCLUDING THE BIKES AND HOPR’S WEBSITE.
9.2 CONFIDENTIALITY. All aspects of the arbitration proceeding, including but not limited to, the award of the Arbitrator and compliance therewith, shall be strictly confidential. You agree to maintain confidentiality unless otherwise required by law. This section 9.2 shall not prevent a party from submitting to a court of law any information necessary to enforce article 9, to enforce an arbitration award, or to seek injunctive or equitable relief.
9.3 SURVIVAL. This article 9 shall survive the termination of your relationship with HOPR.
10.1 RIGHT TO TERMINATE.
- HOPR may, in its sole discretion, immediately terminate the Agreement 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. You waive all claims, causes of actions, expenses, and/or damages connected and/or related to any such termination. You shall not be entitled to a refund of any amount paid for unused rental periods if this Agreement is terminated for cause.
- You may terminate your rental plan at any time; provided, however, that no refund will be provided by HOPR for time already used or not used by you.
- COPYRIGHT POLICY
11.1 VIOLATION OF RIGHTS; SUSPENSION OF ACCOUNT. HOPR respects the intellectual property rights of others and expect users of the Services to do the same. In appropriate circumstances and at HOPR’s sole discretion, HOPR may terminate and/or disable the accounts of users suspected to be infringing the copyrights and/or other intellectual property rights of others. Additionally, in appropriate circumstances and in HOPR’s sole discretion, HOPR may remove or disable access to material on any of HOPR’s websites or hosted on HOPR’s system(s) that may be infringing or the subject of infringing activity.
11.2 REPORTING INFRINGEMENT CLAIMS. Claims of copyright infringement should be sent to HOPR’s designated agent, at the following email address: email@example.com.
12.1 RULES OF CONSTRUCTION. The following rules apply to the interpretation of the Agreement:
- A word in the singular form may be read in the plural form if the context allows it and a word in the plural form may be read in the singular form if the context allows it. All genders are included in any gender expressed.
- The words “include”, “includes” and “including” are to be read as if they are followed by the phrase “without limitation”.
- If a party is comprised of more than one person, then all covenants and agreements of that party are joint and several.
- Any reference to a statute means that statute, and any regulations made under it, all as amended or replaced from time to time.
12.2 CHOICE OF LAW. The Agreement is governed by and construed in accordance with the laws of the Province of Ontario without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region. You agree that, to the extent applicable and expressly subject to the dispute resolution procedures set out in article 9, to submit to the exclusive jurisdiction of the applicable courts located in Ottawa, Ontario in the limited circumstances where the terms of this Agreement permit litigation in court. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in article 9 or to any arbitrable disputes as defined therein. Instead, as described in article 9, the Arbitration Act, 1991 (Ontario) shall apply to any such disputes.
12.3 NOTICE. HOPR may give notice by means of a general notice on the Services, electronic mail to your email address associated with your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to HOPR, with such notice deemed given when received by HOPR, at any time by sending an email with your name from the email account associated with your Account to .
12.4 ASSIGNMENT. You may not assign this Agreement without HOPR’s prior written approval, which HOPR may withhold in its own discretion. HOPR may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of HOPR’s equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this section 12.4 shall be void and of no force or effect.
12.5 RELATIONSHIP OF PARTIES. No joint venture, partnership, employment, or agency relationship exists between you, HOPR and/or any Third Party Provider as a result of this Agreement or use of the Services.
12.6 ENTIRE AGREEMENT & SEVERABILITY. This Agreement, any applicable privacy policies, and any additional terms and conditions that HOPR or any Third Party Provider provide to you in connection with the Services and/or this Agreement constitute the sole and entire agreement between the parties regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
12.8 SURVIVAL. All provisions of this Agreement relating to limitation and exclusion of liability, waivers, assumption of risk, warranties and indemnification obligations shall survive the termination of this Agreement, and all amounts unpaid at the time of termination or expiration of this Agreement shall remain due and payable.