General Terms and Conditions for Drivers
General Terms and Conditions for Drivers
You can download an offline version of these Terms for your records and future reference here ↗.
Last updated: 14 January 2025
These General Terms and Conditions for Drivers (also referred to as "Terms") set forth the main terms and conditions applying to and governing the usage of the HOPP Services and form part of the Agreement between you and HOPP Canada. In order to provide Transportation Services via the HOPP Platform, you must agree to these Terms and to the Airwallex Connected Account Agreement for Airwallex Payment Services for Canada, which is available here ↗ and, you will be subject to the successful completion of the Airwallex onboarding process in accordance with these Terms and the Connected Account Agreement.
1. DEFINITIONS
1.1. Agreement – means the agreement between the Driver and HOPP Canada regarding the use of HOPP Services which consists of:
1.1.1. these Terms;
1.1.2. special terms displayed in the HOPP App, e.g. regarding price info or service descriptions;
1.1.3. other terms and policies referred to in the Agreement as may be amended from time to time.
1.2. Airwallex - Airwallex (Canada) International Payments Limited a limited company incorporated in British Columbia with registered number BC1211827 and registered office at Suite 2600, Three Bentall Centre, 595 Burrard Street, PO BOX 49314 Vancouver BC V7X 1L3, Canada.
1.3. Airwallex Account – means any account or wallet held by a Driver with Airwallex.
1.4. Airwallex Payment Services - means the payment services including payments collection and disbursement provided to you by Airwallex and relevant Airwallex Partners in relation to, and in connection with, the HOPP Services.
1.5. Airwallex Partners - means relevant Airwallex affiliates and third party service providers.
1.6. Cancellation Fee – means the fee to be paid to the Driver if the Passenger cancels the Transportation Service after the Driver has agreed to fulfil it.
1.7. Connected Account Agreement – means the terms and conditions entered into between you and Airwallex in respect of the Airwallex Payment Services.
1.8. Driver – means a natural person who is a licenced SPSV driver authorized to provide passenger transportation services (and, where the Transportation Services are provided in the province of Quebec, holds a Class 5 or lower driver’s licence issued by the Société de l’assurance automobile du Québec), and who provides Transportation Services via the HOPP Platform. Each Driver will get a personal HOPP Driver Account to use the HOPP App and the HOPP Platform.
1.9. Fare – means the fee the Passenger is obligated to pay the Driver, in accordance with applicable law, for provision of the Transportation Services. It is the sole responsibility of the Driver to charge the Passenger the correct Fare as may be imposed in accordance with applicable law for each provision of any Transportation Service.
1.10. HOPP App – means a mobile application for the Drivers and Passengers to request and receive Transportation Services.
1.11. HOPP Canada (also referred to as “we”, “our” or “us”) – means Bolt Services CA Inc., an Ontario corporation registered under the laws of Ontario, Canada with Ontario corporation number 1000767984, operating under the trading name HOPP.
1.12. HOPP Driver Account – means a Driver’s online account containing information and documents, including accounting documentation, regarding usage of the HOPP Service in the course of providing the Transportation Services. The Driver may access their HOPP Driver Account here by entering their username and password.
1.13. HOPP Fee – means the fee that the Driver is obligated to pay to HOPP Canada for access and use of the HOPP Services.
1.14. HOPP In-app Payment – means the payment methods and services such as credit/debit cards, carrier billing and other financial instruments facilitated by third-party payment service providers to process payments made by the Passenger via the HOPP App to pay for the Transportation Services.
1.15. HOPP Platform - means HOPP Canada’s platform connecting Passengers and Drivers to help Passengers move around and between cities more efficiently.
1.16. HOPP Services – means the services that HOPP Canada provides, including the provision and maintenance of the HOPP App, the HOPP Platform and HOPP In-app Payment (excluding Airwallex Payment Services), the provision of customer support, the facilitation of communication between the Driver and Passenger, and other similar services.
1.17. Passenger – means a person requesting the Transportation Services by using the HOPP App.
1.18. Prohibited Items – means items listed in clause 5.22 of these Terms that the Driver and Passenger are not allowed to carry or exploit while using or providing the Transportation Service, unless stated otherwise by any applicable law.
1.19. SPSV – means small public service motor vehicles, other than buses or minibuses, which include, where applicable, taxis and limousines carrying passengers and driven by a Driver. 1.20. Terms – means these General Terms and Conditions for Drivers.
1.21. Tip – means a gratuity offered by the Passenger at their sole discretion in addition to the Fare paid.
1.22. Transportation Service – means the transportation service provided by the Driver to the Passenger whose request the Driver has accepted through the HOPP App. All transportation services dispatched under the Agreement must be made in accordance with SPSV licensed laws, tariffs and tariff rules relating to transportation by SPSVs, as applicable.
1.23. You or your – means the person that has agreed to enter into the Agreement with us, or otherwise accessing or using the HOPP App, HOPP Platform or HOPP Services.
2. ENTRY INTO THE AGREEMENT
2.1. Prior to using the HOPP Services, you must sign up by providing the requested information in the signup application on the HOPP website and uploading the necessary documentation as required by us. You may sign up either as a legal or a natural person. Upon successful completion of the signup application, we will provide you (if you are the Driver) or each Driver providing Transportation Services on your behalf with a personal HOPP Driver Account accessible via a username and password. These details are personal to you and must not be made available to anybody else as the username and password are important credentials used by HOPP Canada to identify users of the HOPP Platform and HOPP App. You represent and warrant that:
2.1.1. pursuant to applicable law, you are entitled to enter into an agreement with us to use the HOPP Platform and HOPP App for providing Transportation Services;
2.1.2. you have carefully read, fully understand and agree to be bound by the Agreement, including all obligations that arise from these Terms;
2.1.3. all the information you have presented to us is accurate, correct, and complete;
2.1.4. you will keep your HOPP Driver Account accurate and profile information updated at all times;
2.1.5. you will not authorize other persons to use your HOPP Driver Account nor transfer or assign it to any other person;
2.1.6. you will not use or allow the use of the HOPP Services for unauthorized or unlawful purposes, or impair the proper operation of the HOPP Services; and
2.1.7. at all times, you will fully comply with all laws and regulations applicable in the city/province/territory where you are providing Transportation Services, including, but not limited to, laws regulating passenger transportation services.
2.2. You are obligated to provide your own bank information in the course of filling in the payment details upon registration. We will transfer the HOPP In-app Payment fees to the bank account that you have provided. We are not liable for any incorrect money transactions if you have provided the wrong bank information or if you have not updated HOPP Canada on any changes to your bank account number.
After submitting the signup application, you will receive an email with additional terms and conditions that must be met in order to use the HOPP Services. These terms and conditions may include providing any criminal records, your valid driving licence, proof of satisfactory technical state of the vehicle you will use to provide the Transportation Services, completion of a training course, proof that you own a location-based service (e.g. GPS)-supporting mobile device and any other conditions as described in the e-mail. You have an ongoing obligation to cooperate with HOPP Canada and provide any further documents or information requested in order for HOPP Canada to conduct relevant checks, for example, to facilitate routine identity checks. The failure to comply with the provided requirements and conditions may result in termination of the Agreement and your right to use the HOPP Services.
2.3. You agree that in specific cities, provinces or countries we may assign any of our rights and obligations arising from the Agreement to our affiliates. This includes, among other rights we may have, assigning the rights and obligations regarding reviewing documents related to signup applications, training, collection of the HOPP Fee, forwarding you the fees due, providing and managing the HOPP In-app Payment, licensing the HOPP App, etc.
2.4. You acknowledge and agree that:
2.4.1. the HOPP Services are designed to be delivered in combination with the Airwallex Payment Services; 2.4.2. in order to receive the HOPP Services, you must enter into the Connected Account Agreement with Airwallex in respect of the provision of the Airwallex Payment Services; and 2.4.3. this Agreement sets out the basis on which we will provide the HOPP Services only, to you. Any payment services provided to you through the Airwallex Payment Services are provided by Airwallex and/or relevant Airwallex Partners. The provision of such payment services shall be governed by the Connected Account Agreement. No regulated payment services will be provided to you by HOPP Canada.
3. AIRWALLEX PAYMENT SERVICES
3.1. In order to access the Airwallex Payment Services (and other relevant Airwallex services), you must be onboarded with Airwallex in accordance with Airwallex’s policies and procedures. HOPP Canada will facilitate Airwallex’s onboarding process. You agree, represent and warrant that you will:
3.1.1. provide all information requested by HOPP Canada, Airwallex and/or an Airwallex Partner for the purpose of onboarding and ongoing due diligence checks promptly;
3.1.2. ensure that all information provided in accordance with this Agreement (including for the avoidance of doubt, in accordance with clause 3.1.1) is complete, up-to-date and accurate; and
3.1.3. notify HOPP Canada immediately if there are any errors in, or any changes to, the information provided in accordance with clause 3.1.1 and provide relevant corrected/updated information
3.2. Following successful completion of the Airwallex onboarding process, in order to be provided with the Airwallex Payment Services, you must agree to the Connected Account Agreement that will be made available to you by HOPP Canada. You acknowledge and agree that failure to agree to the Connected Account Agreement will result in you not having access to the Airwallex Payment Services and, therefore the HOPP Services.
3.3. You acknowledge, agree and consent that HOPP Canada may, and authorise HOPP Canada to:
3.3.1. carry out all actions that it deems (in its sole discretionary) necessary or desirable in order for it to provide the HOPP Services to you;
3.3.2. obtain and provide any data required for onboarding and ongoing due diligence purposes to Airwallex and/or relevant Airwallex Partners;
3.3.3. fully access your Airwallex Account including operating and giving instructions in relation to the Connected Account, transferring funds to another Driver's Airwallex Account and deducting funds (including HOPP Fees) from your Airwallex Account on a frequency determined in accordance with this Agreement (“Account Deductions”);
3.3.4. view all information, including transaction data, on your Airwallex Account and share that data with Airwallex and Airwallex Partners;
3.3.5. provide all information necessary, including any information that Airwallex may require from us from time to time, to allow Airwallex to allocate any funds it receives into relevant Airwallex accounts or to make payouts for Drivers; and
3.3.6. perform all activities required for Airwallex to provide the Payment Services in accordance with the Airwallex privacy policy provided to you by Airwallex. For the avoidance of doubt, HOPP Canada is not responsible for the processing activities outlined in the Airwallex privacy policy.
4. RIGHT TO USE THE HOPP APP AND THE HOPP DRIVER ACCOUNT
4.1. Subject to your compliance with the Agreement and the fulfilment of all necessary onboarding conditions to become an authorized Driver, HOPP Canada hereby grants you a non-exclusive, non-transferable, revocable licence to use the HOPP Platform, the HOPP App and the HOPP Driver Account solely in connection with your use of the HOPP Services. This licence does not grant you the right to sublicence or transfer any rights to third parties.
4.2. In the course of using the HOPP Platform, the HOPP App or your HOPP Driver Account you may not:
4.2.1. decompile, reverse engineer, or otherwise attempt to obtain the source code of the HOPP Platform, the HOPP App, the HOPP Driver Account or any other software owned by or licenced to HOPP Canada;
4.2.2. modify the HOPP Platform, the HOPP App or the HOPP Driver Account in any manner or form or use modified versions of the HOPP App or the HOPP Driver Account;
4.2.3. transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect operations on the HOPP Platform, the HOPP App, or the HOPP Driver Account; or
4.2.4. attempt to gain unauthorised access to the HOPP Platform, the HOPP App, the HOPP Driver Account or any other HOPP Services.
4.3. The licence referred to under clause 4.1 of these Terms will be revoked automatically and simultaneously upon termination or expiration of the Agreement. After termination or expiration of the Agreement you must immediately stop using the HOPP App and your HOPP Driver Account. When the Agreement terminates, we may block and delete your HOPP Driver Account without any prior notice to you.
4.4. Additionally, we may give you tags, labels, stickers, or other signs that refer to HOPP’s Canadian trademarks (the “HOPP Marks”) or otherwise indicate you are using the HOPP Platform or HOPP App (“HOPP Materials”). HOPP Canada grants you a non-exclusive, non-sublicensable, non-transferable licence to display the HOPP Marks and use the HOPP Materials only for the purpose of indicating you are providing Transportation Services via the HOPP Platform or HOPP App. After termination or expiration of the Agreement you must immediately remove and discard all HOPP Materials and cease all use of any HOPP Marks.
4.5. All copyrights and trademarks, including source code, databases, logos and visual designs either owned by or licensed to HOPP Canada are protected by copyright, trademark, trade secret laws and/ or international treaty provisions. By using the HOPP App, HOPP Platform or any other HOPP Services you do not acquire any rights, including rights of ownership to any intellectual property, other than the license rights set out in the Agreement. Without limiting the foregoing, HOPP Canada and its affiliates owns all right, title and interest, including intellectual property rights in and to the HOPP Marks, HOPP App, HOPP Platform and the HOPP Services.
4.6. Rooting, jailbreaking or modifying your mobile device at a hardware or operating system level in any manner which is against the manufacturer’s instructions makes your mobile device susceptible to threats. You acknowledge that we are not liable for any losses in connection with the use of such a modified mobile device, and that we have no obligation to support the use of such a modified mobile device.
4.7. You may not, and may not allow any other party to launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of HOPP’s mobile applications or websites or data.
4.8. To ensure safety on the HOPP Platform and HOPP App, HOPP Canada may ask you to verify your identity to ensure that the person using the HOPP App is the same person whose information is provided in the signup application. You will not be able to provide Transportation Services until you pass this verification process. If you fail to pass this verification process, your HOPP Driver Account may be suspended or terminated, in our sole discretion.
4.9. You must not use (or allow the use of) the HOPP platform in any manner that:
4.9.1. is materially inconsistent with a genuine intention to provide Transportation Services (for example, repeatedly agreeing to Transportation Services but then not taking any steps to fulfil those Transportation Services); and
4.9.2. materially interferes or interrupts the agreement to and/or fulfilment of Transportation Services by other users (for example, excessively indicating a willingness to provide but then deciding not to fulfil Transportation Services).
4.10. You must not use (or allow the use of) the HOPP platform in any manner that:
4.10.1. is unlawful or illegal; or
4.10.2. is indicative of: (i) an unlawful or illegal purpose; or (ii) financial (or data related) manipulation and/or exploitation.
5. PROVIDING THE TRANSPORTATION SERVICES
5.1. You agree to provide the Transportation Service in accordance with the Agreement as well as any laws and regulations applicable in the city, province or territory where you are providing the Transportation Service. Please note that you are solely and fully liable for any violation of any local laws and regulations that may arise from providing the Transportation Service.
5.2. You must have all licences (including a valid driver’s licence), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Transportation Service. It is your obligation to maintain the validity of all such documentation. HOPP Canada reserves the right to require you to present evidence and submit for a review all the necessary licences, permits, approvals, authorizations, registrations and certifications.
5.3. You must provide the Transportation Service in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Passenger's request in the best interest of the Passenger. Among other obligations, you: (i) must take the least costly route for the Passenger, unless the Passenger explicitly requests otherwise; (ii) may not make any unauthorized stops; (iii) may not have any other passengers in the vehicle other than the Passenger and the passengers accompanying the Passenger; and (iv) must adhere to any applicable traffic acts and regulations, i.e must not conduct any actions that may disrupt driving or the perception of traffic conditions, including holding a phone in hand while the vehicle is moving.
5.4. You retain the sole right to determine when you are providing the Transportation Services. You may accept, decline, ignore or refuse Transportation Service requests made by Passengers at any time and at your own choosing, subject to this Agreement, our policies (including the Service Animal and Assistive Devices Policy available here) and applicable law. Your status must be set to “Offline”, at all times when you are not ready / available / able to perform a Transportation Service request. You are automatically “Offline” while you are executing a Transportation Service.
5.5. During rides Drivers must not:
5.5.1. create unnecessary safety risks for users of the HOPP platform;
5.5.2. use or encourage violence, sexism, racism or discrimination in any form; and/or
5.5.3. cause or allow material unnecessary discomfort to users of the HOPP platform.
5.6. You are obligated to provide and maintain all equipment and means that are necessary to perform the Transportation Service at your own expense, including a vehicle, smartphone, etc. You are also responsible for paying all costs you incur in the course of performing the Transportation Service including, but not limited to, costs related to fuel, mobile data plan costs, duty fees, tolls, vehicle maintenance, insurance, relevant corporate or payroll taxes etc. Using the HOPP App may consume large amounts of data on your mobile data plan and Drivers are encouraged to subscribe to a data plan with unlimited or very high data usage capacity.
5.7. You are entitled to charge the Fare for each instance you have accepted a Passenger on the HOPP Platform or HOPP App and have completed the Transportation Service as requested. The Fare is calculated based on: (i) a default base fare or, if applicable, publicly available taximeter or zone-based rates; (ii) the distance of the specific journey as determined by the GPS-based device; and (iii) the duration of the specific journey. The default base fare may fluctuate based on the local market situation. You have the right to charge the Passenger less than the Fare indicated by the HOPP App but not less than any mandatory minimum fare under applicable law. However, charging the Passenger less than the HOPP App indicates does not decrease the HOPP Fee.
5.8. A Passenger may be offered to use a ride option that allows the Passenger to agree to a fixed Fare for a given instance of the Transportation Service provided by you (“Upfront Fare”). The Upfront Fare is communicated via the HOPP App to a Passenger before the ride is requested, and to you when the ride is accepted or at the end of the ride. The Fare calculated in accordance with clause 5.6 may be applied instead of the Upfront Fare, where permitted by applicable law, if the Passenger changes the destination during the ride, the ride takes materially longer than estimated due to traffic or other factors, or when other unexpected circumstances impact the characteristics of the ride materially (e.g. a route is used where tolls apply).
5.9. If you find that there has been an error in the calculation of the Fare and wish to make corrections in the calculation of the Fare, you must submit a petition in the section “Fare Review” of the HOPP App. If a petition in the section “Fare Review" of the HOPP App has not been submitted, then HOPP Canada will not reassess the Fare or reimburse you for an error made in the calculation of the Fare.
HOPP Canada may adjust the Fare for a particular order completed if we detect a violation (such as taking a longer route or not stopping the fare meter of the HOPP App after the Transportation Service has been completed) or in case a technical error affecting the final Fare is identified. HOPP Canada may also reduce or cancel the Fare if we have a reasonable cause to suspect fraud or if a complaint by the Passenger indicates a violation by you. HOPP Canada will only exercise its right to reduce or cancel the Fare in a reasonable and justified manner and will provide you with the justifications for the exercise of this right.
5.10. The Passenger may have the option to pay the Fare for the Transportation Service either directly to you or via the HOPP In-app Payment as described in clause 7 of these Terms. In case the Passenger pays the Fare directly (where applicable), it is your obligation to collect the Fare. If the Passenger fails or refuses to pay, HOPP Canada will send a notice of debt to the Passenger on your behalf, acting as your agent for this limited purpose.
5.11. Any notice sent by HOPP Canada pursuant to clause 5.9 does not mean that HOPP Canada has an obligation to compensate you for the unpaid Fare. If the Passenger justifiably refuses to pay the Fare on the basis that your information stated in the HOPP App is incorrect, then HOPP Canada will not reimburse you for such expenses.
5.12. In some markets, Passengers may be given the option to tip you after a successful provision of the Transportation Service. The Passenger can Tip you only by means authorized by HOPP Canada for Tipping. The Tip will not affect the amount of the HOPP Fee and HOPP Canada will not collect a HOPP Fee on the Tip paid by the Passenger. You are obligated to fully comply with any tax obligations arising from the Tipping. We may limit the maximum value of a Tip at our sole discretion.
5.13. After each successful provision of the Transportation Service, HOPP Canada will create and forward a receipt to the Passenger consisting of some or all of the following information: your business name (if applicable), place of business, the first name and last name of the Driver, a photo of the Driver, service licence number (if applicable), the registration number of the vehicle, the date, the time, the start and end locations, the duration and length, the Fare and the Tip paid for the provision of the Transportation Service. The receipt of each provision of the Transportation Service is available to you via your HOPP Driver Account.
5.14. The Passenger may cancel a request for the Transportation Service that the Driver has accepted via the HOPP App. The Driver may be entitled to the Cancellation Fee in the event that the Passenger cancels the accepted request for the Transportation Service after a certain time period determined by the HOPP App. The Driver may be entitled to the Fare for a long wait time (“Wait Time Fee”) in the event that the Passenger shows up for a ride after a certain time period determined by the HOPP App.
5.15. If, in the course of the provision of the Transportation Service, the Passenger or its co-passengers damage the vehicle or its furnishings (including but not limited to, damage due to tears, stains or burns to upholstery or unpleasant odors), you have the right, where permitted by applicable law, to request the Passenger to pay a penalty up to 200 CAD and request compensation for any damages exceeding the penalty. If the Passenger does not consent to paying the penalty or compensating the damage, you must notify us and we will then try to collect the penalty or relevant costs on your behalf from the Passenger. However, we are not liable for any direct or indirect damages in relation to cleaning or maintenance of the vehicle caused by the Passenger or any co-passengers.
5.16. You hereby acknowledge that you will fully comply with all tax obligations that apply to you from any applicable laws in relation to providing the Transportation Service, including: (i) completing all tax registration obligations, including registering for a HST/GST/PST/QST account; (ii) paying and remitting federal and provincial taxes on the sale of goods and services including HST, GST, PST and QST (“Sales Tax”), income tax, social security tax or any other tax applicable; (iii) providing HOPP Canada with all relevant business and tax information in order for HOPP Canada to comply with any obligations imposed on HOPP Canada under any applicable laws; and (iv) fulfilling all employee and tax registration obligations for calculations in regard to accounting and transfers to applicable authorities as required by applicable law. If a tax authority submits a valid application to us requesting us to provide information regarding your activities, we may make available to the tax authority such information regarding your activities to the extent required by applicable law. HOPP Canada is under no obligation to pay any tax obligations on your behalf; however, if HOPP Canada does pay or remit any fees, claims, payments, fines or other tax obligations that you incur and that are unpaid, you will promptly reimburse HOPP Canada for any and all such amount paid by HOPP Canada on your behalf.
5.17. Unless expressly indicated otherwise, all amounts payable by you to HOPP Canada under this Agreement, including those on account of the HOPP Fee and other amounts, are exclusive of Sales Tax. You agree to pay HOPP Canada an additional amount equal to the Sales Tax applicable on such amounts.
5.18. HOPP will, on your behalf, calculate and collect Sales Tax from Passengers on Fares and other fees, and will remit the Sales Tax to you on the Passenger’s behalf. You hereby authorize HOPP Canada to issue an invoice or a receipt on your behalf to the Passenger setting out the amount of compensation owed to you by the Passenger, including any Fares, contractual penalties, or other fees that you may charge or incur in the course of the provision of the Transportation Service. If HOPP Canada issues an invoice, the invoice will be made available to you via your HOPP Driver Account.
5.19. HOPP Canada will be entitled to share with the relevant tax authorities any information required by applicable law, including, but not limited to, any consideration paid or attributed to the Driver in relation to activities carried out through the HOPP Platform or HOPP App. If you fail to provide the information required by law, HOPP Canada may: (i) terminate your account; (ii) prevent you from re-registering on the HOPP Platform or HOPP App; and (ii) withhold payment of your Fare until you provide the required information.
5.20. If any of the information you provide to HOPP Canada is deemed to be illegal content under applicable laws or otherwise contravenes the Agreement, HOPP Canada reserves the right to:
5.20.1. remove, disable access or demote such content;
5.20.2. suspend, terminate or restrict any monetary payment due from HOPP Canada to you;
5.20.3. suspend or terminate the HOPP Services in whole or in part; or
5.20.4. suspend or close your HOPP Driver Account.
5.21. All content uploaded to the HOPP Platform or HOPP App by you is your sole responsibility, and HOPP Canada is under no obligation to actively monitor or review such content. Nevertheless, HOPP Canada is entitled to remove any allegedly illegal content at its own discretion and after the receipt of a notice or order regarding the existence of such content on the HOPP Platform or HOPP App. Should you disagree with HOPP Canada's decision to remove the content, it is your sole responsibility to provide additional information regarding why the content is not illegal or incompatible with the Agreement within HOPP Canada’s internal complaint-handling procedure.
5.22. To ensure safety on the HOPP Platform, you are not allowed to carry Prohibited Items while using the HOPP Platform, the HOPP App or HOPP Services, unless stated otherwise in any applicable laws. You may refuse the provision of the Transportation Service to any possessor of the Prohibited Items. HOPP Canada may at any time discontinue the provision of the HOPP Services to you if you do not comply with this clause of these Terms or applicable laws, and report an unauthorized use of the Prohibited Items to the authorities. The Prohibited Items include, among other things:
5.22.1. firearms and their parts, ammunition, melee weapons, and other items specially designed for attack and defense;
5.22.2. flammable, combustible, explosive and radioactive or other ionizing substances, munitions, gas, infectious, poisonous or corrosive materials which by their nature may pose danger to the environment;
5.22.3. drugs and other psychotropic substances which are subject to special control in accordance with applicable law; or
5.22.4. any other items that are not allowed to be carried or transported by applicable law and items that cannot be carried or transported without additional licences, permits and approvals.
6. HOPP FEE
6.1. In order to use the HOPP Services, you are obligated to pay the HOPP Fee. The HOPP Fee is paid based on the Fare of each Transportation Service order that you have completed. The amount of the HOPP Fee is made available to you via email, the HOPP App, your HOPP Driver Account or other methods as determined by HOPP Canada from time to time. Please note that the HOPP Fee may change from time to time and may reflect dynamic commission pricing taking into account: (i) the balance of the supply and demand for the Transportation Service; (ii) characteristics of the ride ordered; and (iii) conditions of any applicable campaigns. The HOPP Fee will not go above the highest rate for the HOPP Fee that we have communicated to you. However, we may increase the applicable highest rate of the HOPP Fee at any time by giving you prior notice.
6.2. You must pay by way of bank transfer to us using the bank account details that we will notify you, the HOPP Fee and any other fees due to us for the previous month at the latest by the 15th date of the following month. Any amounts due but unpaid will be subject to a late payment fee in the amount of 0.04% (zero point zero four percent) of the unpaid amount per day (14.6% per annum). You are obligated to cover all costs incurred by us that are related to debt collection activities.
6.3. You acknowledge and agree that in the event that any amount due to us remains outstanding 5 days following the date on which it is due, we may instruct Airwallex (or any relevant Airwallex Partner) to deduct such amount from: (i) funds received by Airwallex on your behalf prior to settlement into your Airwallex Account; or (ii) the settled funds in your Airwallex Account.
7. HOPP IN-APP PAYMENTS
7.1. We may allow Passengers to pay for the Transportation Service via cards, carrier billing and other payment methods (e.g. HOPP Business, etc) directly in the HOPP In-app Payment. You grant us and Airwallex the right to collect the Fares or other fees payable via HOPP In-app Payment and to transmit relevant funds to you in accordance with the Agreement. You acknowledge that the payment obligation of the Passenger arising from any agreement concluded via the HOPP App is deemed to be fulfilled when the respective payment is credited to Airwallex.
7.2. You may not refuse payment by the Passenger via the HOPP In-app Payment, or influence the Passenger against the use of the HOPP In-app Payment. In case you refuse to accept a HOPP In-app Payment without just cause, we will be entitled to charge you a contractual penalty in the amount of 25 CAD for every refusal (unless you reside in the province of Quebec), or block your right to use the HOPP Services if such behavior is repetitive.
7.3. The Passenger may be distributed a promo code on a per promotional basis. You are required to accept the use of a promo code only when the Passenger applies the code using HOPP In-app Payment. Promo codes may not be applied to cash paid trips. If the use of promo codes is suspected as being fraudulent, illegal, or used by a Driver in conflict with the Agreement relating to promo code use, then the promo code may be canceled and the outstanding amount corresponding to the value of the promo code will not be reimbursed by HOPP Canada to the Driver.
7.4. If the option is available and the Passenger chooses to Tip directly in the HOPP App, the Tip will be collected by HOPP Canada on your behalf together with the Fares and other fees paid by the Passenger via the HOPP In-app Payment. If the payment of the Tip is suspected as being fraudulent, illegal, or for a purpose other than as a gratuity related to the Transportation Service provided by the Driver in conflict with the Agreement, then the Tip can be withheld by HOPP Canada.
7.5. You can review HOPP In-app Payment reports in your HOPP Driver Account or the HOPP App. The reports will show the amounts of the HOPP In-app Payments brokered in the previous week as well as the withheld amounts of the HOPP Fee. You must notify us of any important circumstances that may affect our obligations to collect and distribute the Fares paid via HOPP In-app Payment.
7.6. We are not obligated to pay you the Fare due from the Passenger if the HOPP In-app Payment failed because Passenger’s credit card or other payment method is canceled or is unsuccessful for other reasons. In such a case we will help you request the Fare due from the Passenger and will transmit it to you once the Passenger has made the requested payment.
7.7. Before providing the Transportation Service, you must verify that the service is being provided to the right Passenger or the Passenger has expressly confirmed they allow other passengers to ride under the Passenger’s account. You are under no obligation to transport any persons designated by the Passenger if such persons are less than 18 years old and unaccompanied by an adult relative or guardian, unless such person is in danger or unless there are other serious circumstances (such as an emergency) that necessitate the transport of such person in accordance with the Child Safety Policy available here. If you make a mistake in identifying the Passenger, and the HOPP In-app Payment is charged to a person who has not been provided or has not approved the Transportation Service for other passengers, then we will reimburse the person for the Fare. In such case you are not entitled to receive the Fare from us. Additionally, for every wrongfully applied HOPP In-app Payment, we will be entitled to charge you a contractual penalty up to 30 CAD. If you reside in the province of Quebec, the penalty will be the cost of administering the Fare reimbursement.
7.8. Please note that we will deduct any Fares or Tip paid via HOPP In-app Payment against the amounts that you are obligated to pay to us (i.e. the HOPP Fee and contractual penalties). We reserve the right to fulfil any of your financial liabilities to any of our affiliates, in which case we will acquire the right to submit a claim against you.
7.9. If we are not able to pay the Fares or Tip to you due to you not including your bank account details in your HOPP Driver Account or if the bank account details have been noted incorrectly, then we will hold such payments for 180 days. If you do not notify us of the correct bank account details within 180 days from the date that the right to claim such payments has been established, your claim regarding the payment of the Fare or Tip not transferred to you will expire, unless you reside in the province of Quebec.
8. CUSTOMER SUPPORT
8.1. We provide Drivers with customer support regarding the use of the HOPP Services. We may stop providing the customer support services if you are more than 5 calendar days past due on any payment obligations owed to HOPP.
8.2. You acknowledge and agree that neither HOPP Canada nor its affiliates have any control over or responsibility or liability for the acts, omissions or failures of Airwallex and/or the Airwallex Partners and will not be liable for any loss caused by such persons. This means, for example, that neither HOPP Canada nor any of its affiliates will be liable where Airwallex and/or an Air Wallex Partner breaches the Connected Account Agreement.
8.3. In the event of any complaint or dispute between you and Airwallex/an Airwallex Partner, regarding the Airwallex Payment Services, you must raise the issue with HOPP Canada, which shall act as the first point of contact for any query. HOPP Canada agrees to forward your complaint to Airwallex if necessary. As for complaints not regarding the Airwallex Payment Services, HOPP Canada agrees to handle complaints between yourself and HOPP Canada, between HOPP Canada and a Passenger, and between yourself and a Passenger.
8.4. Neither HOPP Canada nor its affiliates are responsible for, liable for or guarantee the performance of the Airwallex Payment Services. Airwallex is solely responsible for the Airwallex Payment Services.
8.5. You are solely responsible for, and we have no responsibility or liability for any obligations that you owe to Airwallex and/or an Airwallex Partner under your agreement(s) with them and/or your compliance with applicable law.
9. RATINGS AND ACTIVITY
9.1. In order to guarantee high-quality service and provide additional reassurance to the Passengers, you acknowledge that the Passengers may provide you a rating and leave feedback regarding the quality of the Transportation Services that you have provided. Your average rating will be linked to your HOPP Driver Account and will be available to the Passengers at the HOPP App. If we find out the rating or comment is not given in good faith, this rating or comment may not be projected in the calculations of such rating. 9.2. In addition to the rating, we measure your level of activity and provide you with an activity score, which is based on your activity regarding accepting, declining, not responding or completing Transportation Service requests.
10. MARKET OVERVIEWS AND CAMPAIGNS
10.1. We may send you, via the HOPP App, your HOPP Driver Account, SMS, email or other means, market overviews in order to increase your awareness regarding when the demand by the Passengers is highest. Such market overviews are merely informational and do not impose any obligations on you. As the market overviews are based on previous statistics, we cannot give any guarantees that the actual market situation will correspond to any estimates provided in the market overviews.
10.2. We may also provide campaigns, whereby we will guarantee a minimum income if you provide Transportation Services within a specified timeframe. If the specified minimum is not reached by you, we will compensate the gap. The specific requirements and conditions will be sent via the HOPP App, your HOPP Driver Account, SMS, email or other means. We have full discretion in deciding if, when and to which Drivers we provide such campaigns. If we have reasonable cause to suspect any fraudulent activity by you, we may withhold your Fare until such suspicion of fraud has been cleared.
10.3. We may also occasionally arrange various campaigns in order to promote the HOPP Platform or HOPP App. If the Fare paid is reduced as part of such campaign, we will pay you compensation amounting to the monetary value of the benefit offered to the Passengers. We may set off the marketing compensation against the HOPP Fee.
11. RELATIONSHIP BETWEEN YOU, US AND THE PASSENGERS
11.1. You hereby acknowledge and agree that we are a private transportation company that will provide services to you including lead generation, assistance with payment processing, customer support, and other related services, and we do not provide Transportation Services. By providing the HOPP Platform, HOPP App and HOPP Services, we act as a marketplace connecting Passengers with Drivers to help Passengers move around cities more efficiently. You acknowledge that you are providing the Transportation Services on the basis of a contract for carriage of passengers and that you will provide the Transportation Services as an economic and professional activity as an independent contractor. You are not engaged to, and do not, provide services to HOPP and their affiliates unless otherwise agreed to. All Drivers acting on the HOPP Platform or HOPP App will be considered as independent contractors. Drivers are solely responsible for providing the Transportation Service and the ownership, maintenance, repair and replacement of the vehicle used to provide the Transportation Service, and bear all costs and risks associated with same. You authorize HOPP Canada to act as your commercial agent in relation to any Transportation Services agreement concluded with you in accordance with the Agreement via the HOPP App. HOPP Canada acts as the commercial agent/operator of the Drivers solely for the mediation of conclusion of contracts between the Driver and the recipient of the Transportation Service and for no other purposes, and thus, among other things, accepts payments from the Passengers or any other recipients of the Transportation Service and forwards the payments to the Driver.
11.2. You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us. You also acknowledge that no joint venture or partnership exists between you and us. You may not act as an employee, agent or representative of us nor conclude any contract on our behalf.
11.3. You may not transfer your rights and obligations deriving from the Agreement to any third party.
12. PROCESSING OF PERSONAL INFORMATION, ACCESS TO DATA
12.1. Your personal information will be processed in accordance with our privacy notice, available here.
12.2. HOPP Canada has access to all personal information and other data provided or generated in connection with your use of the HOPP Platform, the HOPP App, and the HOPP Services. HOPP Canada will take all reasonable steps to ensure confidentiality of such data and comply with applicable laws whenever such data contains personal information.
12.3. You will have access to personal information and other data provided by you or generated in connection with your use of the HOPP Services to the extent that such data is made available to you under your HOPP Driver Account through the HOPP App or the HOPP Platform. You will take all reasonable steps to ensure the confidentiality of such data and comply with applicable laws as long as and to the extent that such data contains personal information of Passengers.
12.4. You are responsible for maintaining the integrity of all information relating to your access to and use of the HOPP App, including any passwords, login or key information, and you represent and warrant at all times that you will not share your password, login or key information with any third party.
13. MUNICIPAL CONSENTS
13.1. Certain municipal by-laws and other laws and regulations require HOPP to obtain your consents for legally mandated data sharing activities. By accepting the Terms, you also consent as follows in respect of activities regulated by the City indicated in this clause.
13.2. City of Toronto: Data Sharing consent: I understand that filing a business licence application through HOPP and using its services shall result in the collection of personal information from or about myself, including location data. I authorize the City of Toronto to collect this personal information indirectly by accessing copies of this information collected by HOPP, and for HOPP to disclose this information to the City of Toronto.
13.2.1. I further consent to the collection and disclosure by the City of Toronto of my personal information, including: my full name, phone number, and e-mail address; my Ontario driver’s licence number; my criminal reference check; my driving record abstract; my certificate of insurance for the PTC vehicle that I will be driving; confirmation that I have notified the company insuring my vehicle that I offer or intend to offer transportation through a PTC; verification that I have completed a driver training course; the provincial licence plate number, vehicle identification number, make, model, fuel type, and model year of the PTC vehicle that I will be driving; confirmation that I have read and agreed to this consent; and information relating to charges or convictions under municipal by-laws, including but not limited to Chapter 546, Licensing of Vehicles-For-Hire, the Criminal Code, the Highway Traffic Act, and other applicable laws, among other information indicated in Chapter 546, to HOPP, the Toronto Licensing Tribunal, and other law enforcement agencies.
13.2.2. The information collected by the City shall be used to: process, review, and evaluate applications for licences under Chapter 546, Licensing of Vehicles-For-Hire; issue, monitor, and regulate licences in accordance with Chapter 546; suspend, terminate, or revoke issued licences; investigate potential violations of Chapter 546 and enforce its provisions; administer the accessibility fund program under Chapter 546; carry out transportation planning and other initiatives; and to contact licence applicants and licence-holders in relation to services offered by the City of Toronto.
13.2.3. This information is collected under the authority of ss. 7, 8, 86, and 94 of the City of Toronto Act, 2006 and Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire. Any questions concerning this collection may be directed to the Manager of Licensing Services, 850 Coxwell Avenue, 3rd Floor, Toronto, Ontario, M4C 5R1, or by telephone at: 416-392-6700.
13.3. City of Markham:
13.3.1. Data Sharing consent: I understand that filing an application through HOPP and use of its services shall result in the collection of personal information from or about myself, including location data.
13.3.2. I authorize the City of Markham to collect this personal information indirectly through accessing copies of this information collected by HOPP, and for HOPP to disclose this information to the City of Markham.
13.3.3. I further consent to the disclosure by the City of Markham of my personal information, including My full name, phone number and email address, complete information relating to my Ontario driver’s licence, my criminal reference check, my driving record abstract, my certificate of insurance for the PTC vehicle that I will be driving when providing transportation to passengers, my confirmation of the fact that I have notified the insurance company insuring my vehicle that I offer or intend to offer transportation through a PTC; the licence plate number, vehicle identification number, make, model, and model year of my vehicle, confirmation that I have read and agreed to this consent, as well as information relating to contravention of municipal by-laws, including but not limited to the City of Markham by-law 2022-20 under Schedule 7 as amended, Licensing of Vehicles-For-Hire, criminal offences or driving record, among other information indicated in Schedule 7, to HOPP and law enforcement agencies.
13.3.4. The information collected by the City shall be used to process, review and evaluate applications for licences under Schedule 7, Licensing of Vehicles-For-Hire, to issue, monitor and regulate licences in accordance with Schedule 7, to suspend, terminate or revoke licences issued, and to investigate potential violations of City of Markham by-law 2022-20 under Schedule 7, and enforce compliance with its provisions, and to otherwise contact licence applicants and licence-holders in relation to services offered by the City of Markham.
13.3.5. Personal information on this form is collected under the authority of the Municipal Act, 2001 and will be used for Business Licensing or Municipal By-law Enforcement purposes only. Questions about this collection should be directed to the City Clerk at the City of Markham licensingfc@markham.ca.
14. LIABILITY, INDEMNITY
14.1. The HOPP Platform and HOPP App is provided on an "as is" and “as available” basis. We do not represent, warrant, covenant or otherwise guarantee that access to and use of the HOPP App, the HOPP Platform and HOPP Services will be uninterrupted or error-free. As the usage of the HOPP Platform and HOPP App for requesting Transportation Services depends on the behaviour of Passengers, we do not guarantee that your usage of the HOPP Platform or HOPP App will result in any Transportation Service requests. To the maximum extent permitted by applicable law, we disclaim all representations, warranties and conditions, express or implied, including all warranties of merchantable quality and fitness for a particular purpose.
14.2. You will defend, indemnify and hold harmless HOPP Canada, its affiliates, subsidiaries and each of their respective directors, officers, employees, subcontractors and other representatives (each, a “HOPP Indemnitee”) from and against any and all losses, damages, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind incurred by a HOPP Indemnitee arising out of or relating to any claim by a third party (other than an affiliate of a HOPP Indemnitee) that arise from or relate to: (i) your use of the HOPP Platform, the HOPP App, or HOPP Services and/or the Airwallex Payment Services; (ii) your breach of the Agreement or any applicable laws or regulations; or (iii) your provision of the Transportation Services.
14.3. To the maximum extent permitted under applicable laws, in no event will HOPP Canada or other HOPP Indemnitees be liable to you for any: (i) special, exemplary, punitive, indirect, incidental or consequential damages; (ii) lost or loss of (a) savings, (b) profit, (c) data, (d) use, or (e) goodwill; (iii) business interruption; (iv) costs for the procurement of substitute products or services; (v) personal injury or death; or (vi) personal or property damage arising out of or in any way connected to the Agreement, regardless of cause of action or the theory of liability, whether in contract, tort (including negligence or gross negligence), or otherwise, even if notified in advance of the possibilities of such damages. Without limiting the foregoing, in no event will the total aggregate liability of HOPP Canada or other HOPP Indemnitees in connection with or under the Agreement, whether in contract, tort (including negligence or gross negligence), or otherwise, exceed 750 CAD. For greater certainty, the existence of one or more claims under the Agreement will not increase this maximum liability amount. If you reside in the province of Quebec, the foregoing does not liberate HOPP Canada from the consequences of its own acts or those of its representatives.
15. TERM, SUSPENSION AND TERMINATION
15.1. The conditions expressly specified in the Agreement will enter into force as of the date that the signup application is accepted and will continue until terminated in accordance with the Agreement. Any other terms, guidelines and documents that constitute an integral part of the Agreement will enter into force as of the date that the specific document or message has been made available to you and you commence or continue providing Transportation Services on the HOPP Platform or HOPP App.
15.2. You may terminate the Agreement at any time by notifying HOPP Canada at least 7 days in advance, after which your right to use the HOPP Platform, HOPP App, HOPP Services and and Airwallex Payment Services will terminate.
15.3. HOPP Canada may terminate the Agreement and remove your access or any access in association with your account to all or part of the HOPP Platform or HOPP App (including preventing you from registering a new account) by giving you at least 30 days' notice together with HOPP Canada’s reasons for doing so. Such reasons may include (without limitation):
15.3.1. HOPP Canada considers that this might be required in order to ensure the normal ongoing business operation of the HOPP Platform, HOPP App or any part of the Transportation Service;
15.3.2. you are in breach of the Agreement;
15.3.3. HOPP Canada is notified that you are in breach of the Connected Account Agreement, or that such agreement has been suspended or terminated;
15.3.4. in certain circumstances, if you are in breach of any applicable laws or regulations (except where clause 13.4 applies);
15.3.5. HOPP Canada considers this necessary to protect its reputation, the HOPP Platform or HOPP App; or
15.3.6. changes to the HOPP Platform or HOPP App have meant that you are no longer in a position to provide Transportation Services on the HOPP Platform or HOPP App.
15.4. Where HOPP Canada gives you notice in accordance with clause 18.3, you will be provided with a statement of reasons for the termination, unless we are unable or are advised not to do so for regulatory or legal reasons. In any case, you will have an opportunity to register a complaint with HOPP Canada as set out in clause 15.8. If following review of such complaint, the termination is considered to be wrongful, access to the HOPP Platform and HOPP App can be restored, which HOPP Canada will confirm in writing.
15.5. HOPP Canada is entitled to immediately terminate the Agreement and block your access to the HOPP Platform or HOPP App without giving any advance notice if:
15.5.1. you repeatedly violate the terms or conditions of the Agreement (including these Terms and policies referred to in the Agreement), the Connected Account Agreement or any applicable laws or regulations, disparage HOPP Canada, engage in fraudulent behaviour, or cause harm to the HOPP Marks, reputation or business as determined by HOPP Canada in our sole discretion; and/or
15.5.2. we are notified that the Connected Account Agreement has been suspended or terminated. In the aforementioned cases we may, at our own discretion, prohibit you from registering a new HOPP Driver Account.
15.6. We may also immediately suspend (block) or restrict your access to the HOPP Platform or HOPP App, including to your HOPP Driver Account for the period of investigation, if there has been or we suspect any breach of any term or condition of this Agreement and/or the Connected Account Agreement,or fraudulent activity from you. Such block of access will be removed once the investigation disproves such suspicions.
15.7. HOPP Canada may terminate the Agreement without cause and remove your access or any access in association with your account to the HOPP App, HOPP Platform and HOPP Services (including preventing you from registering a new HOPP Driver Account) by giving you at least 60 days’ notice.
15.8. HOPP Canada is entitled to suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the Internal Complaint-Handling System by the Passengers and Drivers that frequently submit notices or complaints which are determined by HOPP to be unfounded. While assessing the circumstances for the suspension, HOPP considers the following:
15.8.1. the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted within a month;
15.8.2. the relative proportion of notices and complaints in relation to the total number of items of information provided or notices submitted within a month;
15.8.3. the gravity of the misuse of the notice action mechanisms; and
15.8.4. (if applicable) the intention of the complainant for submitting manifestly unfounded complaints.
15.9. In the interest of maintaining a consistent and secure user experience on the HOPP Platform, if the Driver is suspended or terminated from the HOPP App for Transportation Services, HOPP Canada reserves the right to suspend or terminate the Driver also from the HOPP App for delivery services.
15.10. We acknowledge that the Connected Account Agreement may be terminated by you or Airwallex pursuant to its terms. In the event that you issue or receive a notice to terminate the Connected Account Agreement, you must immediately notify us in writing of the effective date of that termination.
15.11. You agree and consent to us informing Airwallex in the event that we issue or receive a notice of termination under this clause 15. 15.12. Upon termination of this Agreement we confirm that we will cease to provide access to or share your customer data with Airwallex and relevant Airwallex Partners except as may be required by applicable law.
16. AMENDMENTS
16.1. HOPP reserves the right to amend the Agreement (including these Terms) at any time by uploading the revised version on its website here and notifying you (e.g. via email, the HOPP App or your HOPP Driver Account) whenever, in the reasonable opinion of HOPP Canada, such amendments are material.
16.2. HOPP will provide at least 30 days advance notice (e.g. via email, the HOPP App or your HOPP Driver Account) about the amendments that affect the rights of the Driver, unless:
16.2.1. HOPP Canada is subject to a legal or regulatory obligation which requires it to amend the Agreement in a manner which does not allow it to respect the advance notice period;
16.2.2. immediate amendment is required to address an unforeseen and imminent danger related to health, safety or cybersecurity risks, or defending the HOPP Services, Passengers or Drivers from fraud, malware, spam or data breaches; or
16.2.3. you have elected to waive the advance notice period (e.g. you continue to use HOPP Services after the receipt of the notice of amendment).
16.3. If you do not agree to the amendments of the Terms or other conditions of the Agreement, you have the right to terminate the Agreement by discontinuing the use of the HOPP Services and providing a termination notice to HOPP Canada. The termination of the Agreement takes effect on the effective date of the proposed amendment, unless otherwise provided in your termination notice. Your use of the HOPP Services on or after the effective date of the amendment constitutes your consent to be bound by the Agreement, as amended. If you reside in the province of Quebec, you may provide a termination notice to HOPP Canada up to 30 days after the effective date of the amendment, in which case the amendment will not apply.
17. APPLICABLE LAW AND COURT JURISDICTION
17.1. The Agreement will be exclusively governed by, construed and enforced in accordance with the laws of the province of Ontario, or, if you reside in the province of Quebec, the laws of the province of Quebec, including in either instance the federal laws of Canada applicable therein, without regard to conflict of law principles. If any dispute resulting from the Agreement (including these Terms) cannot be settled by negotiations, then the dispute shall be solved before the courts of Toronto (Canada), unless you reside in the province of Quebec, in which case the dispute shall be solved before the courts of the judicial district in which you reside in Quebec.
18. NOTICES
18.1. You are obligated to immediately notify us of any changes to your contact information.
18.2. You may contact us using the HOPP App or by sending an email at gta@gethopp.com.
18.3. Any notice required to be given under the Agreement (including under these Terms) will be sufficiently given if:
18.3.1. delivered personally;
18.3.2. sent by courier with proof of delivery;
18.3.3. sent by registered mail;
18.3.4. made available via the HOPP App or your HOPP Driver Account; or
18.3.5. sent by email.
18.4. Any notice which is sent or dispatched in accordance with clause 16.3 will be deemed to have been received:
18.4.1. if delivered personally, at the time of delivery to the party;
18.4.2. if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party;
18.4.3. if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party;
18.4.4. if made available via the HOPP App or your HOPP Driver Account, on the second day following the dispatch of the message; or
18.4.5. if sent by email, on the day the party receiving the email confirms receiving the respective email or on the second day following the dispatch of the email provided that the sender has not received an error notice (notifying that the email was not delivered to the party) and has sent the email again on the next calendar day and has not received a similar error notice.
19. FINAL PROVISIONS
If any provision of the Agreement is held to be unenforceable, such provision will be severed from the Agreement, and the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. Any failure or delay of a party to enforce a right under the Agreement will not be deemed as a waiver of such a right. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of clauses of these Terms are for reference purposes only and have no substantive effect. The terms “consent” or “discretion” mean the right of a party to withhold such consent or exercise such discretion, as applicable, arbitrarily and without any implied obligation to act reasonably or explain its decision to the other party.