PLEASE READ ALL PROVISIONS OF THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICES (DEFINED BELOW). BY USING OUR SERVICES (INCLUDING BUT NOT LIMITED TO USING OUR APP, VEHICLES, CREATING AN ACCOUNT), YOU AUTOMATICALLY AGREE TO THESE TERMS, AND YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE TO ENTER INTO THIS AGREEMENT. IN ADDITION, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS AND CONDITIONS, EITHER PERSONALLY, OR ON BEHALF OF PASSENGERS OR GUESTS, OR ANY ENTITY YOU HAVE USED TO REGISTER.
This User Agreement and Terms & Conditions (collectively the "Agreement") is a legally binding agreement between you ("You", "Your" or "User") and Hoppsharing BV, doing business as Hoppy, and doing business as Hoppsharing ("Hoppy", "We", "Us" or "Our"), a company domiciled in Belgium, with its registered office at Koning-Albertlaan 191, Lochrist 9080, Belgium, under company number 0736.903.357
This Agreement contains the essential terms governing Your use of Our services and products.
Our Services consist of the following:
1) Our electric bicycles and electric scooters are collectively referred to as the "Products";
2) All other related equipment, maintenance, charging of the Products, personnel, mobile applications, other software and information that We provide or make available.
3) The use of Our website, accessible at the address www.hoppsharing.be (including versions optimized for viewing on a wireless device or tablet), Our
mobile application (the "App") and any interactive features and/or other services We make available that link to this Agreement.
This Agreement together with any updates, additions, supplemental terms and conditions and all Our rules and policies constitute the "Agreement" between You and Us. We have the right to amend this Agreement from time to time. The amended version will apply to You from the time of publication on Our website or in the app. Accordingly, We recommend that You review this Agreement regularly as Your continued use of Our Services after We have made changes to it will constitute Your agreement to those changes.
Please note that the cities in which you use our Services may also have additional terms that you should be aware of when using our Services.
We hereby grant You permission to use the Products subject to the conditions set out herein. Unless otherwise specified, monetary amounts mentioned in this Agreement are in Euros.
1. RENTAL AND USE OF PRODUCTS.
1.1. You are the sole user of the Services: You expressly represent and agree that You are the sole lessee and are responsible for compliance with all terms of this Agreement. You understand that when You activate a Product, that Product will be both
may be used by You as well as other persons but that You will be held responsible for any inconvenience and costs.
1.2. You are at least 18 years old: You represent and warrant that You are at least 18 years old. The control and use of Products by a minor is expressly prohibited. Any violations found by both our staff and law enforcement may result in an additional charge of €50.
1.3. You are a competent driver: You represent and warrant that You are familiar with the operation of the Product and that You are sufficiently competent and physically capable to operate the Product. By choosing to drive a Product, You assume all liability and risks associated with injuries and/or medical conditions as further explained below. You have the responsibility to determine whether conditions such as rain, snow, hail, ice, thunderstorms and/or other conditions, whether caused by weather or otherwise, make it hazardous to drive a Product. We advise You to adapt Your driving and braking according to the conditions and variables, such as weather and traffic conditions.
1.4. Products are the exclusive property of Hoppy: You agree that the Products, and all associated equipment of Hoppy, shall at all times remain the exclusive property of Hoppy. You may not disassemble, deface or otherwise modify, repair or damage in any way any Product, or any part of any Product, or any of Hoppy's other equipment. You must not write on, remove or in any way alter or damage the stickers present on Products. You must not use any Product for commercial or advertising purposes. Any infringement of these conditions may result in an additional charge of €100.
1.5. Use Products only in areas where they are permitted: You expressly represent that You will use the Products only in areas where it is permitted. You declare that You will
will not use the Products in prohibited areas (such as cities that ban certain Products) and You accept full responsibility and liability for the use of any Product in a prohibited area, including fines and costs resulting from Your use of a Product in a prohibited area. Hoppy reserves the right to charge up to £50 to You if You use any Product in a prohibited area. If You leave the Products outside of the permitted area, Hoppy shall be entitled to charge You €100 for collection costs, at Hoppy's sole discretion.
1.6. Comply with all laws: You agree to comply with all laws, rules, regulations and/or ordinances concerning the use, operation and/or control of the Products, including those relating to the Products in the area where You operate the Products, including, without limitation, the requirement to wear a helmet. You also agree to comply with all applicable traffic and other regulations when using our Products.
You are fully responsible and liable for any violations of laws, rules, regulations and/or ordinances while using the Services, including improper driving and/or improper parking, and You agree that You are fully responsible and liable for all consequences, claims, demands, charges, losses, obligations damages, injuries, costs and expenses, fines, attorneys' fees, judgments, fees (including fees for seizure charged by any local government) and/or expenditures of any kind, foreseeable or unforeseeable and known or unknown, resulting from Your use of any of the Services.
1.7. Payment of Fines and Fees: You agree to pay any and all (monetary) fines, fees, seizure expenses and/or other costs incurred by Hoppy due to Your misparking a Product or Your violation of any law, rule, regulation and/or ordinance while using the Services. This payment will be made by Hoppy by a deduction from the linked credit card or by sending a
invoice to the user concerned. If this payment is not met, Hoppy reserves the right to appoint a bailiff. All additional costs for collecting these amounts will be charged to the user concerned.
1.8. Prohibited Conduct: You expressly represent and warrant that You will not do the following:
1.8.1. Operating a Product in violation of one or more laws, rules, regulations and/or ordinances, including the rules regarding driving and/or parking Products on sidewalks.
1.8.2 Drive a Product while carrying a briefcase, backpack, purse or other object that interferes with Your ability to drive the Product safely.
1.8.3 Use a mobile phone, text messaging device, portable music player and/or other device that may distract You from the safe use of a Product.
1.8.4. Drive a Product while under the influence of alcohol, drugs, medicines and/or other substances that may impair Your ability to drive a Product.
1.8.5. Transporting another person on any Product.
1.8.6. Use locking mechanisms other than those provided by Hoppy.
1.8.7. Parking a Product in a manner that is not in full compliance with all applicable laws, rules, regulations and/or ordinances. You expressly agree that it is Your responsibility to be familiar with all applicable laws, rules and/or regulations at the location where You operate a Product.
1.8.8. Parking or placing a Product in such a way that Hoppy cannot access it. If you breach this paragraph, Hoppy may charge You up to €100, at Our sole discretion.
charge for the loss suffered by Hoppy due to Hoppy's inability to access the Product and thus rent it to other Users.
1.9. Products are intended for a limited number of uses: You agree not to use any Product for races, mountain rides, stunts or tricks. You agree that You will not drive and/or use any Product on unpaved roads, through water (or puddles) (except in the context of ordinary city driving) or in locations where its use would be illegal, prohibited and/or a nuisance to others. You agree that You will not use any Product for hire or in exchange for a benefit, nor use any Product in violation of any law, rule, regulation and/or ordinance.
1.10. Weight and Loading Limitations: You may not exceed the weight limit for Products (136 kg) and the load limit of the luggage carrier/basket (7 kg) on any Product. You must also not otherwise misuse the rack in relation to the type of contents or any visual obstruction or impediment to movement. You acknowledge that the front carrier/basket and/or rear basket of any Product is intended for light goods only and that You will not transport any person or animal on any Product.
1.11. No Tampering: You may not tamper with the Services, attempt to gain unauthorized access to the Services, or use the Services in any way that violates this Agreement.
1.12 Reporting of Damages and Collisions: You must report accidents, collisions, damage, bodily injury, theft and loss of a Product to Hoppy as soon as possible. If bodily injury or property damage has occurred as a result of a collision, or if a Product has been stolen, You must report it to the local police station within 24 hours.
1.13. You are responsible for damage to Products: You agree to return each Product to Hoppy in the condition in which the Product was rented to You. You acknowledge that You are responsible for the cost of repair and/or replacement of any Product that You damage and/or cause damage to. You are not responsible for normal
wear and tear of the Products. If You destroy a Product, You are liable up to € 1.720 for each Hoppy bicycle and up to € 1.290 for each Hoppy scooter, at Hoppy's sole discretion.
1.14. Availability and Use of Products: You acknowledge and agree that Products may not always be available. Products can only function if the battery is charged regularly. You agree to use and drive Products safely and carefully and to comply with all restrictions and requirements associated with Products, as set forth in all applicable laws, rules, regulations and/or ordinances. You understand and agree to the following:
1.14.1 The charge level of the Product decreases with use of the Product (depending on both time and distance). As the charge level decreases, the speed and other functions of the Product may also decrease (or fail completely).
1.14.2. The charge level of the Product at the time You begin renting or using the Product is not guaranteed and varies from time to time.
1.14.3. The rate at which the charge level decreases during use of the Product is not guaranteed and varies depending on the Product, traffic conditions, weather conditions and/or other factors.
1.14.4. It is Your responsibility to check the charge level of the Product and verify that it is sufficient for the trip before You begin using the Product.
1.14.5. Hoppy makes no guarantees as to the distance and/or time of use of a Product before the battery is completely exhausted. It is possible that the battery of the Product at any time during the rental session of the Product is exhausted and the Product no longer functions, even if You have not yet reached the desired destination.
2.1. Safety Check: You agree not to use the Product if there are noticeable problems and to notify Hoppy's customer service immediately of any problem.
2.1.1. If before, during or after the use of a Product You discover any defect or other potential unsafety in a Product, however slight, You must not use the Product and, if You are already using the Product, You must stop using it as soon as it is safe to do so.
2.1.2. You agree to report the defect or problem immediately to Hoppy.
2.2. Loss or Theft of Products: If a Product is not returned within 24 hours, Hoppy may, in its sole discretion, consider the Product lost or stolen and file a report or complaint against You with the local authorities. The data generated by the Services' computer is conclusive evidence of the period of use of the Products by You. You must report the disappearance or theft of any Product to Hoppy immediately or as soon as possible.
2.3. Helmets, Safety: You acknowledge and agree that while using the Services, Products and/or related equipment, You must always wear a CE marked helmet, whether or not required by law.
2.3.1. You must wear a CE-marked helmet that is properly fitted and properly adjusted and fastened according to the manufacturer's instructions.
2.3.2. If the wearing of a helmet is required by any laws, rules, regulations and/or ordinances applicable in the area where the Product is used, You agree to comply with such laws and regulations at all times.
2.3.3. You expressly acknowledge and agree that You may be required to take additional safety or precautionary measures not described in this Agreement, and You
expressly acknowledges and agrees that it is Your responsibility to determine whether You are required to do so. Hoppy bears no responsibility for this.
2.4. Routes: You agree that Hoppy does not provide or maintain places where the Products can be ridden, and that Hoppy cannot guarantee that there will always be a place where You can safely ride a particular Product. Roads, bike paths and routes may become dangerous due to weather conditions, traffic and/or other hazards beyond Hoppy's control. Hoppy has no responsibility for any of the aforementioned. There is no limitation to this. You are fully responsible for choosing a responsible and safe route. When choosing a route, You must always abide by all laws, and it is Your sole responsibility to be familiar with the applicable laws, rules, regulations and/or ordinances of the jurisdiction where You use Hoppy's Services and/or Products.
2.5. Restrictions regarding rental: You acknowledge that Hoppy is not a public transportation company. There are other public and private means of transportation available to the general public and to You as an individual. Hoppy makes the Services and Products available solely for Your convenience, and the rental offer is intended only for individuals who are capable and qualified to independently drive the Products and have agreed to all of the terms and conditions of this Agreement.
3. PAYMENT AND RENTAL COSTS
3.1. Rental Charges: You may use the Products on a ride fee basis or otherwise, in accordance with the fees described in the App. After You have registered and opened an account with Us, You can use a Product by clicking on the desired payment method and then following the instructions on the screen. You can check and correct the information You entered until You pay by clicking on the "Pay" button or agree to an obligation to pay for the Products or subscription. Rates are exclusive of taxes (such as indirect
taxes) et are inclusive of other applicable governmental charges. Hoppy will charge the fees and charges described in this Agreement via Your credit or debit card (collectively referred to as Your "Card") or other agreed upon payment method. After You have paid for the Products or subscription, You will receive an order confirmation by email. At that moment the contract between You and Us is concluded ("Confirmation").
3.2. Discount Codes: Discount Codes ("Discounts") are one-time offers that can only be utilized through the App. Hoppy reserves the right to change or cancel Discounts at any time. Rebates are limited to one per customer and per account and cannot be combined with other promotions. Discounts are non-transferable and may not be resold.
3.3. Maximum rental period and rental costs: The maximum rental period is 24 hours. You declare that You will terminate the rental of the Product no more than 24 hours after the start of the rental period. You may then rent again. You agree that You are responsible for monitoring the elapsed time in order to lock the Product in a timely manner. The rental fee for any one Product is a maximum of €361 based on a 24 hour rental period. Upon return of the Product, You will be charged for the accumulated rental cost or the maximum 24 hour rental charge, whichever is the lower. Products not returned within 24 hours (i.e. the Product is locked and the ride terminated) will be deemed lost or stolen. In this case, You may be charged up to €1,720 for each Hoppy-Bike and up to €1,290 for each Hoppy-step and a report or complaint may be made against You to the police. We may also at our discretion charge a service fee of €25 if the rental period is longer than 24 hours and the Product is not considered lost or stolen.
3.4. Valid credit or debit card: You must enter a valid Card number and expiry date before You can be registered to use the Services. You certify that You are authorized to use the specified Card(s). You authorize Hoppy to charge all charges incurred by You and any additional charges via the Card in
charge. If You disagree with a payment that has been collected through Your Card, You must contact Hoppy as soon as possible and provide all trip details necessary to determine which payment is involved, such as the date of the trip and the start and end time of the rental period. You promise to inform Hoppy immediately of any changes regarding Your Card.
3.5. Retrieval Charges: If You are unable to return a Product to a valid area (e.g. because You deactivate the Product in a private area, a private community and/or in another inaccessible place) and wish the Product to be retrieved by Hoppy, We may, at Our discretion, charge You a retrieval fee of up to €100. If a Product accessed through Your account is left without notice, You are responsible for all costs until the Product is found and deactivated. In addition, You shall pay a service fee of € 150.00 to retrieve the Product. Hoppy may change the above amounts at its sole discretion and without notice to You.
3.6 Cancellation: Normally, You will have the right to cancel a contract within 14 days of Our sending You a Confirmation. However, You expressly acknowledge and agree that if You use the Products within this 14 day period, whether You pay for the Products per ride or on a subscription basis, You will not have the right to change Your mind and cancel the contract (or claim a refund) under applicable consumer contract regulations. If You cancel earlier and within the 14 day period, the amount You paid for the Service will be refunded to You in full in accordance with our refund policy (see below).
If You wish to exercise Your right of withdrawal, please send us an unequivocal notice informing us of Your decision to withdraw from the Agreement (e.g. by e-mail at firstname.lastname@example.org, by fax or by letter sent by post). You may use the withdrawal form attached to this Agreement.
3.7 Refunds: If You cancel a payment within the 14 day cooling off period described in clause 3.6 above, the amount payable to You will be refunded as soon as possible (but in any event within 14 days of cancellation). If You have taken advantage of any promotion or other discount when making Your payment, only the amount You actually paid will be refunded to You. Refunds will be made via the payment method You used for Your purchase, unless otherwise agreed.
4. CONDITIONS GOVERNING SUBSCRIPTIONS AND AUTOMATIC RENEWAL.
4.1. General Provisions: To purchase and use subscriptions offered through the Services, You must be at least eighteen (18) years of age or have reached the minimum age of majority applicable in the jurisdiction where You reside. Before You purchase and/or rent Products or Services, You must provide Us with a valid Card Number and related payment information, including all of the following: (i) Your name as appears on the Card, (ii) Your Card Number, (iii) the type of Card, (iv) the expiration date, and (v) any activation numbers or codes required to load Your Card or use a valid gift card. By providing these details to Us or Our credit card processor, You authorise Us and/or Our processor to charge the amount payable to Your Card at a time of Our choosing, but in any event within thirty (30) days of authorisation of Your Card. For each Product subscription that You order through the Services, You agree to pay the rate set forth in the App (including VAT and surcharges) at the time You subscribe. Hoppy will automatically collect the subscription fee through Your Card or other payment method specified during the registration process. We may offer various subscriptions, including special promotional subscriptions and memberships with different terms and restrictions. Terms and conditions that differ materially from those in this Agreement will be presented to You for acceptance when You register or in other communications to You. Some promotional subscriptions may be offered by third parties in conjunction with their own products and services. We are not
responsible for the products and services of such third parties. We have the right to change, terminate or otherwise modify the subscriptions offered by Us.
4.2. Duration and Termination of Your Subscription: Your subscription will be effective on the date You purchase it, unless it is a free trial subscription. Your subscription remains in full force and effect for the subscription period that You have specifically chosen or for one month (30 days) and is renewed automatically until You cancel it (the "Subscription Period"). By specifying Your payment method when You subscribe, You agree to pay a subscription fee (and any taxes and service fees, collectively referred to as the "Fee"). We will continue to collect this Fee at the then current rate unless You cancel before the end of the current Subscription Period. The Fee will be automatically collected at the beginning of Your Subscription Term, using the payment method originally specified, and at the beginning of each subsequent Subscription Term on the calendar day corresponding to the start date of Your current Subscription Term, unless You cancel Your subscription or Your account is suspended or terminated under this Agreement.
If You cancel a subscription midway through the Subscription Term, You will not be entitled to a refund for the remaining, unused portion of that Subscription Term.
4.3. Modification of the Fee: Hoppy reserves the right to modify the Fee at any time. In this case You will be informed well in advance. In the event of a price change, Hoppy will list the new prices on the Services and You will be notified in advance by an email to the email address You have provided for Your account. You agree that We may change Our prices and the details of Your subscriptions by notifying You via electronic communication. If You do not accept a price or subscription change that We have made, You may cancel Your subscription before the changes take effect, as explained below. In this case, the advance payment You have already made will be refunded to You on a pro rata basis, based on the unexpired portion of the then-current Subscription Period. If You do not
cancels, We assume that You agree to the price/subscription change and authorize Hoppy to collect the new Fee through Your payment method.
4.4. Cancellation of Your Subscription: You have the right to cancel Your subscription at any time by notifying Hoppy. You can cancel Your subscription as follows: open 'Your Portfolio' in the Hoppy app, click 'Manage' and then 'Cancel Subscription'. You will not receive a refund or credit for partial months. If You cancel Your subscription, You may continue to use the Services until Your current Subscription Period ends. Thereafter, You will no longer have access to the subscriber-only features/areas of the Services. This includes balances and other data and analytics that were visible during Your Subscription Term.
4.5. Termination by Us: Hoppy shall have the right to terminate this Agreement and suspend Your access to the subscription by providing written notice upon reasonable notice if: (a) You fail to pay to Hoppy any amount You owe under this Agreement, and/or (b) materially breach any provision of this Agreement. Also, Hoppy has the right to terminate this Agreement and suspend Your access to the subscription by giving thirty (30) days written notice, with or without cause. You will no longer be charged for use of the subscription. Upon expiration or termination of this Agreement for any reason, Your right to access and use the subscription will lapse.
You agree that if We terminate Your rental of Products and/or Your subscription, You will have no rights other than one of the following: (a) We will pay a fee to Your Card account for the amount You have already paid for the Products or subscription but have not yet been able to use (if You made an advance payment through Your Card), or (b) We will charge nothing to Your Card.
4.6. Free Trial/Discounted Subscriptions: We may offer trial subscriptions that allow You to use the Services for a limited time for free or at a discount. If You sign up for a trial subscription, Your rights regarding use of the Services are limited by the terms of such trial subscription and will terminate or renew according to the terms of Your trial subscription and/or any applicable Additional Terms. Please note that when You sign up for a free trial, You are required to provide Your Card number and Hoppy will verify that Your Card is valid. When we process Your Card, some credit card companies may temporarily block Your account for Your first payment. Please contact Your Card Company if You have any questions. Please note that we do not offer price protection or refunds on price drops or other discount offers.
Once Your free trial ends, We or a third party payment processor will begin regularly collecting Your subscription fees through the payment method You specify, unless You cancel Your subscription prior to the end of the free trial period. Once Your free trial ends and Your paid subscription begins, Your subscription will automatically renew and We will charge You for each renewal until You cancel Your subscription. Please see above for instructions on how to cancel Your subscription. Please note: You will not receive notification that Your free trial has ended or that Your paid subscription has begun.
4.7. Price changes and change of billing methods: The purchase and/or rental of Products and/or Services is subject to availability. Products and Services displayed through the Services may not always be available in the area where You live and may be replaced or discontinued at any time. Hoppy reserves the right to change its prices and billing methods for Services at any time, subject to Your cancellation rights described in Section 4.4.
4.8. Account Registration and Security: You understand that You must create an account to access the Services. You promise to: (a) provide true, accurate, current, and complete
information about Yourself on the registration or enrollment page of the Services (such information being referred to as the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is false, inaccurate, not current or incomplete, or if Hoppy has good reason to suspect that the information is false, inaccurate, not current or incomplete, Hoppy has the right to suspend or terminate Your account and refuse any and all current or future use of the Services by You, in whole or in part. You are fully responsible for the security and confidentiality of Your password and account. Further, You are entirely responsible for all activities that occur on Your account. You may not share Your account information or Your username and password with any third party or allow any third party to use Your account information to log into the Services. You promise to immediately notify Us of any unauthorized use of Your account or any other security breach of which You become aware. You have the responsibility to take the precautions and security measures best suited to Your situation and Your intended use of the Services. Please note that anyone who can provide Your personal information will have access to Your account. You must therefore take reasonable measures to protect this information.
5. LIMITED LIABILITY OF HOPPY, ACCEPTANCE OF RISK BY YOU.
5.1. Limitation of Liability: Nothing in these terms and conditions shall limit or exclude Our liability to You:
5.1.1 for death or personal injury resulting from Our negligence,
5.1.2 for fraud,
5.1.4 for any other form of liability which may not be limited or excluded by law.
6. SUSPENSION AND TERMINATION
6.1 We may from time to time temporarily suspend access to any Service, in whole or in part and with or without prior notice, in connection with repair or maintenance work or to update or upgrade content, features or functionality.
6.2 We may, with or without prior notice, terminate any Contract or suspend and/or terminate any Service and/or Your use of Your Account in the following circumstances:
6.2.1 if You have breached any of these provisions, or
6.2.2 if You fail to pay duly invoiced charges when due.
6.3 If You have breached these provisions, We may take any action We deem appropriate. Any such breach may result in Us taking one or more of the following actions, with or without notice:
6.3.1 Giving you a warning,
6.3.2 Terminate Your right to use a Service or Product immediately, temporarily or permanently,
6.3.3 institute legal proceedings against You for the recovery of all compensable losses and damages resulting from the breach; and/or
6.3.4 disclose any relevant information to law enforcement agencies to the extent We reasonably believe it is necessary.
The measures described above are not exhaustive and we may take any other action we deem appropriate.
6.4 Upon termination of Your rental of Products or Your subscription or Your account for any reason (including if You terminate or fail to renew Your subscription in accordance with these terms):
6.4.1 all rights granted to You under these terms and conditions shall immediately terminate,
6.4.2 You must immediately cease all use of the relevant Services and/or Products, and
6.4.3 You must pay all outstanding amounts due to Us.
The personal data provided by the User will be kept in a file by Hoppy, who is responsible for processing the data. In processing that data, Hoppy adheres to all its obligations under the General Data Protection Regulation (EU) (2016/679)('AVG').
8. CONDITIONS OF USE.
8.1. Limited Availability of the Services: Hoppy uses its best efforts to make the Services available 365 days a year, but We do not guarantee that the Services will always be available, as acts of God and other circumstances may prevent Hoppy from offering the Services. Access to the Services is also dependent on the
availability of Products. Hoppy makes no representations or warranties regarding the availability of Services or Products at any time. You agree that Hoppy may ask You to return a Product at any time.
8.2. Use of License: Subject to Your strict compliance with this Agreement and the Additional Terms, Hoppy grants You a limited, revocable, non-exclusive, non-assignable, non-transferable license to download (for temporary storage only), display, view, use, play and/or print one copy of the Content (excluding source and target code in raw or other form other than as made available for access and use to enable display and functionality) on a personal computer, mobile phone or other wireless or Internet-connected Device (each: a "Device") for no other than personal, non-commercial use by You. This license does not authorize You to resell or make commercial use of the Services or their contents; nor to collect and use product lists, descriptions or prices; to make any derivative use of the Services or their contents; to download or copy account information for the benefit of another merchant; or to use data mining, robots or similar data gathering and extraction tools. Except as expressly permitted in this Agreement, the Services and/or any portion thereof may not be reproduced, resold, visited or otherwise exploited for any purpose without the express written consent of Hopp. Unauthorized use automatically terminates the authorizations and/or licenses granted by Us to You. The foregoing limited license: (i) does not grant You any ownership or other intellectual property interest in any Content, and (ii) may be immediately suspended or terminated for any reason, at Hoppy's sole discretion and without notice or liability.
8.3. Copyright and Property: All content displayed on the Services, including but not limited to text, graphics, photographs, images, moving images, sound and illustrations (the "Content"), is the property of Hoppy, its licensors,
suppliers, agents and/or its content providers. All elements of the Services, including, without limitation, the general design and the Content, are protected by copyrights, moral rights, trademarks and other laws relating to intellectual property rights. The Services may only be used for the purpose for which they have been made available. Except to the extent permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained in the Services. Except to the extent permitted by copyright law, You must obtain permission before reusing any copyrighted material available on the Services. You must comply with all applicable national and international laws, guidelines, ordinances and regulations regarding Your use of the Services. The Services, their Content and all related rights remain the exclusive property of Hoppy or its licensors, suppliers, agents and/or providers of Content, unless otherwise expressly agreed. Removing copyright, trademark and other proprietary notices from material found on the Services is prohibited.
8.4. Trademarks/No Consent: All trademarks, service marks and trade names of Hoppy used in this Agreement (including, without limitation, the Hoppy name, the Hoppy company logo, the Hoppsharing name, the Hoppsharing company logo, the name of the Services, the design of the Services and/or any logos) (collectively, the "Marks") are trademarks or registered trademarks of Hoppy or its affiliates, partners, suppliers or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify Hoppy's Marks in any way, including in advertising or publicity regarding distribution of materials on the Services, without Hoppy's prior permission. You may not use Hoppy's name, or any language or graphics or symbols that, in Hoppy's judgment, imply that Hoppy would approve of (i) written or oral advertisements or presentations, or (ii) brochures, newsletters,
books or other written materials of any kind, without prior written permission.
8.5. Policy Regarding Solicited Submissions: Where Hoppy has expressly requested submissions or comments, Hoppy encourages You to submit content (such as comments to blog posts, community participation, tips, etc.) that You have prepared in connection with the Website to Hoppy (the "User Submissions"). User Submissions remain the intellectual property of the individual user. By posting content to our Website, You expressly grant to Hoppy a non-exclusive, perpetual, irrevocable, no-cost, fully paid-up, worldwide, fully sublicensable license and right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display such content and Your name, voice and/or likeness contained in Your User Submission, distribute, transmit, perform and display, in whole or in part, in any form throughout the world by any means and technology, whether now known or hereafter discovered, including through promotions, advertising, marketing, merchandising, publicity and any other ancillary uses, and including the unrestricted right to sublicense these rights indefinitely. All User Submissions are considered non-confidential and Hoppy is under no obligation to keep confidential any information present in any User Submission, in any form.
8.6. Inappropriate User Submissions: Hoppy does not encourage User Submissions that result from any activity that: (i) may cause risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement or physical or mental illness to You, any other person or an animal; (ii) may cause risk of any other loss or damage to any person or property; or (iii) may be a crime or tort. You represent that You have not engaged or will not engage in any of the foregoing activities in connection with the development of Your User Submission. Without limiting the foregoing, You agree that, in connection with Your Submission, You will not cause emotional distress to other people, humiliate other people, or
(publicly or otherwise), will not assault or threaten other people, will not enter private property without permission, will not impersonate another person or misrepresent Your affiliation, title or authority, and will not engage in activities that may result in injury, death, property damage and/or liability of any kind. Hoppy will refuse the User Submission if Hoppy believes, in its sole discretion, that such activities have occurred. If Hoppy is made aware by You of any Submission that allegedly violates any provision of this Agreement, Hoppy reserves the right, in its sole discretion, to determine whether a violation has occurred and to remove such Submission from the Services at any time and without notice.
8.7. Inappropriate Material: You are prohibited from using the Services to post or transmit any unlawful, abusive, threatening, libelous, obscene, pornographic, or blasphemous material, or any material that infringes or misappropriates the intellectual property of any third party, or any material that would (encourage conduct that would) be considered a criminal offense or otherwise violate any law. You further agree that this Agreement expressly prohibits the transmission or placement of unsolicited advertisements or "spam" on or through the Services. In addition to any remedies We may have at law or in equity, if We determine in Our sole discretion that You have violated or are likely to violate the foregoing provisions or any applicable rules or policies referenced in this Agreement, We may take any action We deem necessary to remedy or prevent the violation. This means, without limitation, that We may prevent You from using the Services and/or remove the related materials from the Services immediately and without notice. We will fully cooperate with any law enforcement agency, court order or subpoena requesting or directing us to disclose the identity of anyone posting any such materials.
8.8. Access and Interference: You agree that You will not, without Our express written consent robots, spiders, scrapers or other automated means to access the Services for any purpose. In addition, You promise that You will refrain from the following: (i) engage in any activity that, in Hoppy's sole discretion, causes or is likely to cause an unreasonable or disproportionately large load on Our infrastructure; (ii) interfere or attempt to interfere with the operation of the Website or activities conducted on the Services; or (iii) circumvent any measures We may apply to prevent or restrict access to the Services.
8.10. User-Published Content: User-published Content and User Submissions do not reflect the opinion of Hoppy, nor any
person associated with Hoppy and We do not control this Content. You may never claim or suggest, directly or indirectly, that Hoppy endorses Content published by any user. Hoppy does not guarantee the accuracy and credibility of any User-published Content on Our Services or in User Submissions published through Our Services, and accepts no responsibility or liability for any activities You undertake as a result of accessing such User-published Content or User Submissions. Through Your use of the Services, You may be exposed to Content that You may find offensive, objectionable, harmful, inaccurate or misleading. There is also a risk that You may encounter minors, people acting under false pretenses, international trade issues and foreign persons.
8.11. Third Party Links: Occasionally, the Services may contain links to websites that are not owned, operated or controlled by Hoppy or its affiliates. All such links are provided solely as a convenience to You. If You use these links, You will leave the Services. Neither We nor any of Our affiliates are responsible for the content, materials or other information present on or accessible from any other website. Neither We nor any of Our affiliates endorse, guarantee, or make any representations or warranties regarding any other website or any content, materials, or other information present on or accessible from any other website, or the results of using any other websites. If You decide to access any other websites linked to the Services, You do so entirely at Your own risk.
8.12. Transaction Partners: Sometimes We cooperate with other companies to promote their services in conjunction with Our Services. In this case, You deal directly with the other party. On the relevant pages or locations, the brand of the transaction partner is clearly visible and the transaction partner's agreements can be consulted. When You use these partner pages, You are bound by the partner agreement and at the same time You remain
bound by this Agreement. In the event of any conflict between this Agreement and the Partner Agreement, Our Agreement shall prevail.
8.13. User Submissions Statements: You represent and warrant that Your User Submissions and all elements thereof (a) are wholly owned or controlled by You, that You have obtained prior written permission from the rightful owner of the content of Your User Submissions or that You are otherwise legally entitled to assign to Hoppy all rights granted therein; and that (b) Hoppy's use of Your User Submissions as described or intended herein does not and will not infringe the copyrights, trademark rights, publicity rights or other rights of any person or organization, nor violate any law, regulation or right of any kind or otherwise give rise to any enforceable claim or liability, including, without limitation, for publicity and privacy rights or defamation. Further, You are entirely responsible for Your own User Submissions and the consequences of posting or publishing them.
8.14. Wireless Features: The Services may provide certain features and services that are available on Your wireless Device. These features and services may include, but are not limited to, accessing the features of the Services, uploading content on the Services, receiving messages from the Services (including text and SMS messages) and downloading applications on Your wireless Device (collectively, the "Wireless Features"). Your provider may charge you a fee for using the Wireless Features, including for sending text messages, data usage and other fees. These charges may appear on Your wireless bill or be deducted from Your prepaid account. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may not be compatible with Your carrier or your wireless Device. Check with your wireless service provider for available subscriptions and their costs. Contact Your provider if You have any questions about these issues. You confirm that You are the current subscriber and/or usual user of the mobile number listed on the
Services is registered and that You are authorized to incur message and data charges charged by Your provider. It is strictly prohibited to register a mobile number that does not belong to You. If We discover that any information provided by You is false or inaccurate, We may suspend or terminate Your access to the Services at any time. Your participation in the Services is entirely voluntary.
8.15. Force Majeure: Neither Hoppy nor You shall be responsible for damages or for delays or failures in performance resulting from acts or events beyond the reasonable control of Hoppy or You, including, without limitation: fire, lightning, explosion, power surges or power failures, water, accidental events, war, revolution, civil disturbances or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or judicial authority or any representative of any government or judicial authority; or labor unrest, including, without limitation, strikes, slowdowns, demonstrations or boycotts; the unavailability of raw materials or transportation facilities, fuel or energy shortages or acts or omissions of public transportation companies.
8.16. General: This Agreement is subject to Belgian law. All disputes shall be submitted to the competent Belgian courts or tribunals.
8.17. Dispute Resolution: The European online dispute resolution platform http://ec.europa.eu/consumers/odr/ provides information on alternative dispute resolution that may be of interest to You. We are obliged to inform You that You may use it if there is a dispute between You and Us which cannot be resolved.
8.18. Modification of Terms: As Our Services evolve, the terms under which We offer Our Services may change. However, unless You agree, We will not make any changes to Services for which You have already paid that would significantly reduce the type or level of service You receive (except where We are required to do so for security reasons or by law or
regulation). We will always notify You of such important changes as early as reasonably possible, upon which You may accept them or cancel Your subscription without penalty. In the latter case, You must let Us know that You want to cancel Your subscription (see clause 4.4 Cancellation of Your subscription). If You do not cancel Your subscription before the date on which the changes come into effect (We will communicate this date to You), this means that You have agreed to these changes.
8.19. Contact. If You have any questions or comments regarding this Agreement or Our Services, You may contact Us at email@example.com. Please include the e-mail address firstname.lastname@example.org.
8.20. Apple iOS Terms: if the App you download, access and/or use is downloaded from the App Store operated by Apple Inc ("Apple"):
8.21: Conditions for Google
If the App you are downloading, accessing and/or using was downloaded from Google Play:
You are entitled to an unlimited reinstallation of the App at no additional cost. However, if the App is removed from Google Play due to (a) an alleged or actual infringement of the intellectual property rights of any third party; (b) an alleged or actual violation of the rights of any third party; or (b) an allegation or determination that the Product is not in compliance with applicable law (each referred to as a "Legal Removal"), then the App will be completely removed from Google Play and You will no longer have the right or ability to reinstall the App.
You may be entitled to receive a refund from Google for purchases made in the App if You are eligible under Google Play's refund policy, available at https://support.google.com/googleplay/answer/2479637?p=play_refund.
We grant to the User a non-exclusive, worldwide, perpetual license to operate, display and use the App. By "User" we mean You, but this term may also include a family group and family members whose accounts are linked to form a family group. Family groups on Google Play are subject to reasonable limits to prevent abuse of family sharing features.
8.22. Google Maps: The map data that We provide You through Our App is based on the current information available to Us, which may have been provided by a third party, for example through integration of the Google Maps API, and may be inaccurate or incomplete. If You use the map functionality that We provide through Our App, You may not be able to use it.
You acknowledge and agree to be bound by Google Inc.'s Additional Terms and Conditions for Google Maps/Google Earth, available at https://maps.google.com/help/terms_maps.html.
ACCEPTANCE OF THE AGREEMENT
I certify that I am at least 18 years old, that I have read the terms of this Agreement, and that I expressly agree to these terms.
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