Platform Terms - Service Providers (CA) (EN) (effective as of 02.03.2026)
Platform Terms for Ride-Hailing Services: Service Providers (Canada)
Last updated on: 02 March 2026
These Platform Terms apply to both individuals and entities (‘Service Providers’) that register with the Hopp Platform to access and review opportunities in Canada to provide Ride-Hailing Services to Customers on their own behalf. Words and phrases capitalised in these Platform Terms have the meanings given in the glossary at section 17 below.
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.
You can download an offline version of these Platform Terms for your records and future reference HERE ↗.
Important: If you are a driver who accesses the Hopp Platform to review and fulfil Ride-Hailing Service opportunities on behalf of another person or entity, then: ◦ that other person or entity will be the Service Provider for the purposes of these Platform Terms; and ◦ your engagement will be with that Service Provider, as their Appointed Driver, on terms agreed between you and them.
1. About Hopp and our relationship with you
1.1. Hopp operates an online platform in Canada (the 'Hopp Platform') that intermediates and matches independent transportation service providers ('Service Providers') with potential clients ('Customers').
1.2. As a Service Provider, you may:
1.2.1. (if you are an individual) register yourself as a Driver to access and review opportunities to provide Ride-Hailing Services on your own behalf; and/or
1.2.2. register Appointed Drivers to access and review opportunities to fulfil Ride-Hailing Services provided on your own behalf, in accordance with section 6.
1.3. You must pay a Commission to Hopp on amounts payable to you by Customers in connection with Ride-Hailing Services, as set out in section 8.
1.4. The Hopp Platform is made available for your use at your discretion. These Platform Terms do not oblige any person to:
1.4.1. access the Hopp Platform to review opportunities to provide or fulfil Ride-Hailing Services; or
1.4.2. provide or fulfil any Ride-Hailing Services.
1.5. Nothing in these Platform Terms prevents any person from providing ride-hailing transportation services independently of the Hopp Platform.
1.6. By accessing the Hopp Platform, you agree to appoint Hopp as your agent for the purpose of facilitating the sale of Ride-Hailing Services to Customers, in accordance with section 8.
1.7. We will process your personal data and the personal data of any Appointed Drivers in accordance with the privacy notice(s) for Canada made available at https://gethopp.com/en-ca/privacy/privacy-for-drivers/?category=rides.
2. About these Platform Terms and the Hopp Platform
2.1. These Platform Terms:
1.1.1. take effect and apply to you from 2 March 2026, or from the date you first registered as a Service Provider — whichever is later;
2.1.1. remain in effect until terminated by you or Hopp in accordance with section 13; and
2.1.2. supersede all previous versions of the Platform Terms, however described.
2.2. Hopp may make changes to these Platform Terms and/or the Hopp Platform by providing you with at least thirty (30) days’ notice before those changes take effect. If you do not agree with such changes, you can terminate your relationship with Hopp pursuant to section 13. If you reside in Québec, you may deliver a termination notice up to 30 days after the amendment effective date, and the amendment will not apply to you.
2.3. Hopp may also make changes to these Platform Terms or your use of the Hopp Platform immediately and without prior notice when:
2.3.1. you consent to the changes;
2.3.2. we make changes, updates or revisions to the Hopp Platform that are merely aesthetic, improve functionality, or that similarly do not significantly impact your use of the Hopp Platform;
2.3.3. we make changes, other than those set out in section 2.3.2., to introduce features on a temporary basis that are in a state of testing, trial, early access, preview or development;
2.3.4. the changes are urgently required to comply with applicable laws or regulations; or
2.3.5. we take urgent precautions in response to imminent dangers to Users, cybersecurity risks (including malware, spam or data breaches), or suspected unlawful or illegal activity.
2.4. When Hopp makes changes in accordance with sections 2.3.3. To 2.3.5. (inclusive), we will inform you of the relevant changes as soon as is reasonably practicable.
2.5. The content and functionality of the Hopp Platform is always provided on an “as is” and “as available” basis. By accessing and allowing access to the Hopp Platform, you acknowledge that:
2.5.1. Hopp makes no guarantee, whether express or implied, in respect of the availability of the Hopp Platform, its content or its function; and
2.5.2. Hopp may from time to time make features available on a temporary basis that are in a state of testing, trial, early access, preview or development.
3. Your rights of access to the Hopp Platform
3.1. Subject to these Platform Terms, we grant you a non-exclusive, revocable, and royalty-free right to use the Hopp Platform as made available to you, solely for the purposes of:
3.1.1. accessing and reviewing opportunities to provide Ride-Hailing Services; and
3.1.2. providing Ride-Hailing Services at your discretion.
3.2. The right granted under section 3.1. includes your ability to grant Appointed Drivers a non-exclusive, revocable, and royalty-free right to use the Hopp Platform for those same purposes. This does not otherwise grant you, or any other party, the right to sub-license or transfer any rights to any third party.
3.3. You are solely responsible for ensuring that:
3.3.1. you are legally permitted to provide Ride-Hailing Services; and
3.3.2. any Appointed Drivers acting on your behalf are legally permitted to fulfil Ride-Hailing Services.
3.4. Without prejudice to section 3.3., a Driver’s right to access the Hopp Platform to review — and, where applicable, fulfil — opportunities to provide Ride-Hailing Services is granted only:
3.4.1. for such periods that the Driver is lawfully permitted to provide or fulfil Ride-Hailing Services. Accordingly, this right of access:
3.4.1.1. does not arise until you have arranged to provide Hopp with documentation reasonably required to verify the Driver’s eligibility to lawfully provide or fulfil Ride-Hailing Services in the relevant market (including, where applicable, proof of the Driver’s right to work);
3.4.1.2. will immediately expire if the Driver is no longer legally permitted to provide or fulfil such services or if Hopp is unable to verify that the Driver is legally permitted to provide such services.
3.4.2. for such periods that the Driver has successfully completed onboarding with Airwallex and has agreed to the Connected Account Agreement, and remains in compliance with that agreement;
3.4.3. for such periods that a current and accurate photographic identity for the Driver has been submitted to Hopp, to ensure the Driver can be clearly identified by Users for safety and security purposes;
3.4.4. for such periods that the Driver is able to verify their identity and/or log-in credentials, to prevent unauthorised access;
3.4.5. in respect of access to any Category, only for so long as the Driver meets the applicable Category requirements, if any (see section 6.22. for more information);
3.4.6. for such periods that use of the Hopp Platform would not cause significant harm to its integrity or reputation.
3.5. For the sole purpose of preventing unauthorised access, Hopp may from time to time:
3.5.1. request documentation it reasonably considers necessary to verify that Ride-Hailing Services can be lawfully fulfilled; and
3.5.2. require Users to verify their identity and/or log-in credentials.
4. Information submitted to the Hopp Platform
4.1. You must ensure that any information provided to Hopp by you or by any Appointed Driver acting on your behalf is accurate and kept up to date, including (where applicable) names, contact details, photographic identification, driver or vehicle licensing details, address, company details, and tax registration information. You are also responsible for updating or removing any such information that is no longer accurate or relevant.
4.2. You are solely responsible for ensuring that all information and content submitted or uploaded to the Hopp Platform by you (or any Appointed Driver) is lawful. Hopp reserves the right to remove any illegal content from the Hopp Platform at any time, which may occur without prior notice. If this happens, you will have the right to object in accordance with section 17.8.
4.3. Please note that Hopp may, after prior warning, suspend processing such objections if manifestly unfounded claims are submitted frequently, taking into account their volume, proportion, severity, and any bad-faith intent.
5. Municipal Consents
5.1. Certain Canadian municipal by-laws require us to collect and disclose Driver information to local authorities. By accepting these Platform Terms, you consent to such data sharing as follows:
5.1.1. City of Toronto: You consent to Hopp collecting and disclosing your personal information (including your name, contact details, Ontario driver’s licence number, criminal record check, driving record abstract, proof of insurance, details of your vehicle, and proof of driver training) to the City of Toronto, the Toronto Licensing Tribunal and other enforcement agencies, as required under Chapter 546 of the Toronto Municipal Code. This information will be used by the City to review, issue, monitor and regulate licences, enforce compliance, and carry out transportation planning and accessibility programs.
5.1.2. City of Markham: You consent to Hopp collecting and disclosing your personal information (including your name, contact details, Ontario driver’s licence information, criminal record check, driving record abstract, proof of insurance, and vehicle details) to the City of Markham, as required under By-law 2022-20 (Schedule 7). This information will be used by the City to review, issue, monitor and regulate licences, enforce compliance, and contact licence holders in relation to services offered by the City.
5.2. These disclosures are made under the authority of applicable municipal by-laws and legislation, and are necessary for you to lawfully provide Ride-Hailing Services in these jurisdictions.
6. Ride-Hailing Services Overview
6.1. Subject to these Platform Terms, Drivers may access the Hopp Platform to review requests for Ride-Hailing Services made by Customers and may choose to confirm their willingness to fulfil such requests.
6.2. Customers may request Ride-Hailing Services to be provided immediately or, where available, at a specified time.
6.3. Hopp will, acting through Airwallex and in accordance with section 10, arrange for the collection of amounts payable to you in connection with Ride-Hailing Services and their settlement to you.
6.4. Hopp does not control Customers or Passengers and, as a result:
6.4.1. Hopp does not guarantee the availability of opportunities to provide Ride-Hailing Services; and
6.4.2. Hopp is not responsible for the actions or inactions of Customers or Passengers. Requests for Ride-Hailing Services
6.5. In response to requests for Ride-Hailing Services made by Customers, Hopp will, acting as the appointed agent of Service Providers in accordance with section 7:
6.5.1. determine an estimated Fare for the Ride-Hailing Services to be agreed between Customers and Service Providers, taking into account:
6.5.1.1. the route and time of the requested Ride-Hailing Services;
6.5.1.2. (where applicable) the Category requested by the Customer;
6.5.1.3. (where applicable) whether the Customer has requested immediate pick-up or a scheduled pick-up time; and
6.5.1.4. other marketplace factors such as the availability of and demand for Drivers.
6.5.2. subject to sections 6.6. And 6.7. invite Drivers within reasonable proximity of the pick-up location to indicate their willingness to fulfil the Ride-Hailing Services, taking into account (for the purposes of determining the order and/or timing of such invitations):
6.5.2.1. the factors set out in section 6.5.1.;
6.5.2.2. (where available) any Customer request for a specific vehicle; and
6.5.2.3. other factors aimed at expediting the potential arrangement of Ride-Hailing Services, including the estimated arrival time of Drivers at the pick-up location and whether Drivers are currently fulfilling other Ride-Hailing Services.
6.6. In certain high-demand locations with a large number of online Users, such as airports, Hopp may implement a "first in, first out" queuing system for inviting Drivers to indicate their willingness to fulfil Ride-Hailing Services. When such a queuing system is used, it will be shown to Drivers in the Driver App.
6.7. To expedite the arrangement of Ride-Hailing Services and minimise unsuitable matches, Hopp may take into account circumstances where significant negative interactions, feedback or complaints have previously occurred between a specific Customer and a specific Driver.
6.8. When a Driver is invited via the Driver App to indicate their willingness to fulfil Ride-Hailing Services, the Driver App will display the following information:
6.8.1. the estimated impact on your Account Balance;
6.8.2. the components of the applicable Fare (including any Toll Payments);
6.8.3. the requested pick-up location;
6.8.4. the requested destination; and
6.8.5. the scheduled pick-up time (if the pick-up is not immediate).
6.9. Upon a Driver indicating their willingness to fulfil Ride-Hailing Services, the relevant Customer will:
6.9.1. (in accordance with their request) expect the Driver to proceed to the relevant pick-up point without unreasonable delay, or, if applicable, to arrive at the specified time; and
6.9.2. agree to pay you a Cancellation Fee in accordance with sections 6.17. and 6.18.
6.10. If the Ride-Hailing Services commence, the Customer will agree to pay you:
6.10.1. the Fare; and
6.10.2. (if applicable) a Cleaning Fee, in accordance with sections 6.19. and 6.20.
6.11. You, and any Appointed Drivers acting on your behalf, may cancel, decline or refuse any agreement for Ride-Hailing Services at any time, subject only to the general prohibitions in section 11.
6.12. When Ride-Hailing Services have concluded (or otherwise ended), the applicable Fare payable will be calculated on the basis shown in the Driver App prior to commencement of the Ride-Hailing Services.
6.13. Where applicable law requires the use of regulated taximeter or zone-based rates (including in certain provinces or municipalities), you must ensure the Fare complies with those rules. In such cases, the Fare displayed in the Driver App will reflect those requirements.
6.14. Drivers must comply with Hopp’s Service Animal & Assistive Devices Policy, here. In accordance with that policy, Drivers must not deny service to a Passenger because of a service animal or an assistive device, and must provide reasonable assistance with stowing assistive devices, except where doing so would create a genuine safety risk or an undue hardship under applicable human rights law.
6.15. Drivers must comply with Hopp’s Child Safety Policy, here. In accordance with that policy, Drivers should not transport Children (i.e. persons under the age of majority) unless accompanied by a Responsible Adult, except where the Driver reasonably believes the Child is in danger or other serious circumstances (such as an emergency) necessitate transport
6.16. By providing Ride-Hailing Services, you agree with Hopp that you will not improperly or dishonestly request, or permit others to request, any additional payments from Customers or Passengers in respect of the Ride-Hailing Services that conflict with the terms of your agreement(s) with them. This includes requesting that Passengers pay for Ride-Hailing Services in cash when it has previously been agreed that the Ride-Hailing Services will be paid for via the Hopp Platform and collected by Hopp on your behalf. Cancellation Fees
6.17. You agree that the applicable Cancellation Fee you may charge a Customer, if the Customer cancels their request (or otherwise fails to enter into an arrangement) for Ride-Hailing Services after expiry of the Cooling-Off Period, shall be CAD 4.30, or such higher amount as is communicated via the Hopp Platform on a per-Category and/or per-service basis, subject to section 6.18.
6.18. Hopp’s obligation to collect a Cancellation Fee is conditional upon you having a genuine intention to enter into an agreement to provide the applicable Ride-Hailing Services. Hopp will not collect a Cancellation Fee on your behalf in circumstances where it appears that no genuine intention existed (for example, if no reasonable attempt was made by the Driver to arrive at the pick-up location at the relevant time). Cleaning Fees
6.19. You may charge a Customer a Cleaning Fee if a vehicle is left soiled, stained or dirty by a Passenger in connection with Ride-Hailing Services requested by that Customer. For this purpose, you appoint Bolt to collect up to CAD 200 on your behalf, subject to section 6.20. In such cases, you must promptly notify us that a Cleaning Fee is payable via the Hopp Platform or by contacting our support team.
6.20. Hopp will not collect a Cleaning Fee on your behalf if you fail to provide sufficient evidence that the vehicle was soiled by the relevant Passenger, or if there is an undue delay in notifying us of the circumstances. We recommend that you obtain photographic evidence and submit all relevant information to our support team as soon as possible, when it is safe to do so. How payments are collected
6.21. Hopp will collect amounts payable to you in connection with Ride-Hailing Services and forward them to you in accordance with section 10. Access to Categories
6.22. Hopp may make different Categories available in a market to match: (i) Service Providers able to fulfil services in accordance with a given Category, and (ii) Customers who prefer services provided in accordance with that Category. For example, if an 'electric vehicle' Category is available, Hopp will aim to connect Customers selecting that Category exclusively with Service Providers operating electric vehicles.
6.23. The Categories available to a Driver will depend on factors relevant to each Category and the marketplace (for example, a Driver must use an electric vehicle to access the 'electric vehicle' Category). A Driver’s right to access a Category will lapse if the Driver no longer meets the requirements for that Category (see section 3.4.4.).
6.24. For more information on the Categories available in a particular marketplace, please contact our support team. Promotions
6.25. Hopp may, at its discretion, make promotions available to Service Providers under which Hopp will provide a benefit for their use of the Hopp Platform.
6.26. When a promotion is offered by Hopp to Service Providers:
6.26.1. Receipt of the benefit is subject to completion of the applicable requirements of that promotion.
6.26.2. The promotion is subject to compliance with these Platform Terms. Hopp reserves the right to deny the benefit of any promotion where there has been a breach of these Platform Terms, including where a Driver’s behaviour indicates participation in Prohibited Manipulative Conduct.
6.26.3. Access to the Hopp Platform will not be conditional on participation in or completion of any promotion.
6.26.4. You agree that Hopp may, where available, apply the value of a promotion by reducing the Commission otherwise payable by you to Hopp. This will not reduce the total value of the promotion to you.
7. Appointing Drivers to act on your behalf Overview
7.1. Where available, you may register and appoint individuals as Drivers to fulfil Ride-Hailing Services on your behalf (i.e., 'Appointed Drivers'), in accordance with this section 7.
7.2. You are responsible for ensuring that any Appointed Drivers do not act in a manner that would cause you to breach these Platform Terms. You are therefore advised to review this section carefully and assess the suitability of individuals before making any appointments. Making appointments
7.3. To make an appointment, you may use the web-access portal(s) made available by Hopp for this purpose, or you may contact Hopp at gta@gethopp.com with the names and contact details of your proposed Appointed Driver(s). Hopp will then confirm whether any additional information is required, depending on the market in which the appointment is being made.
7.4. Although Hopp has no general right to veto or refuse the appointment of any suitably qualified individual as an Appointed Driver, an individual may not be registered as an Appointed Driver if Hopp has previously terminated:
7.4.1. its relationship with that individual as a Service Provider due to a material breach of their obligations in these Platform Terms (including any previous version); or
7.4.2. another Service Provider’s access (in whole or in part) due to that individual’s actions or omissions while acting as an appointed driver for that Service Provider, which caused a material breach of that Service Provider’s obligations under these Platform Terms (including any previous version).
7.5. The right of any Appointed Driver to access the Hopp Platform to review opportunities to fulfil Ride-Hailing Services on your behalf is granted only for such periods that the Appointed Driver is lawfully able to fulfil Ride-Hailing Services (see section 3.4.1.). You must arrange to provide Hopp with copies of documentation to verify that Ride-Hailing Services can be lawfully fulfilled by your proposed Appointed Driver(s), including (where applicable) evidence of their right to work in the relevant market.
7.6. If you have any queries on this process, please contact our support team. Important provisions relating to Appointed Drivers
7.7. When you engage an Appointed Driver, you will continue to be fully responsible for ensuring that your obligations under these Platform Terms are met. All acts and omissions of any Appointed Driver will be treated as though they were your own. It is therefore your responsibility to ensure that any Appointed Driver does not cause you to breach these Platform Terms.
7.8. You acknowledge that you are fully responsible for the following in respect of each Appointed Driver:
7.8.1. agreeing and documenting the terms of their engagement by you, including any terms required under applicable law;
7.8.2. paying their remuneration;
7.8.3. the payment of any Commission payable to Hopp (in accordance with section 9);
7.8.4. compliance with all legal obligations arising from their engagement by you;
7.8.5. ensuring that the details provided to Hopp in respect of the Appointed Driver are correct and up to date; and
7.8.6. any content uploaded to the Hopp Platform by the Appointed Driver.
7.9. In respect of each Appointed Driver:
7.9.1. you warrant to Hopp that you have a lawful agreement with the Appointed Driver enabling them to lawfully review, agree to, and fulfil Ride-Hailing Services on your behalf; and
7.9.2. you agree that Hopp may contact the Appointed Driver directly from time to time to expedite enquiries relating to rights of access (see sections 3.4. And 3.5.) and investigations into unusual behaviour (see section 11).
7.10. For the avoidance of doubt:
7.10.1. save as required by sections 7.4., 7.5., and 7.9.1., Hopp does not impose any restrictions or requirements on the commercial arrangements made between:
7.10.1.1. you and your Appointed Drivers; or
7.10.1.2. your Appointed Drivers; and
7.10.2. nothing in these Platform Terms is intended to prevent any Appointed Driver from providing ride-hailing transportation services outside of the Hopp Platform.
8. Hopp’s role as your agent
8.1. By accessing the Hopp Platform pursuant to these Platform Terms, you grant us all rights necessary for us to comply with our obligations under these Platform Terms for the duration of our relationship, including by appointing us as your agent to negotiate the contract for Ride-Hailing Services between you and Customers in accordance with these Platform Terms. This authorisation allows us, on your behalf, to carry out functions such as:
8.1.1.1. matching you and any Appointed Drivers with Customers, as described in section 5;
8.1.1.2. calculating and communicating all Fares, including estimated Fares and applicable Toll Payments, payable for Ride-Hailing Services;
8.1.1.3. arranging collection of Fares, Cancellation Fees, and Cleaning Fees payable to you by Customers and forward such payments to you; and
8.1.1.4. issuing receipts and/or invoices on your behalf. For the avoidance of doubt, you remain free at all times to choose whether or not to provide Ride-Hailing Services in response to a Customer request, as set out in section 6.11.
8.2. In respect of amounts collected, or to be collected, by us on your behalf in connection with these Platform Terms, you agree that payors’ payment obligations arising under any contract for Ride-Hailing Services are deemed fulfilled when the respective payments are made available in our payment accounts.
8.3. You agree to provide us with any additional information that we may reasonably require, on request and from time to time, to enable Hopp to efficiently and lawfully fulfil its role as your agent in the applicable market(s) in accordance with these Platform Terms.
8.4. Hopp shall issue receipts and/or invoices (as appropriate) on your behalf and in electronic format in respect of amounts payable to you. You agree that we may include on such receipts and invoices details relating to the Ride-Hailing Services, including a breakdown of any applicable fees.
9. Commission
9.1. You must pay a Commission to Hopp on all amounts payable to you by Customers in connection with Ride-Hailing Services, except for any Commission-Free Items.
9.2. The initial rate(s) of Commission that apply to you will be the most recent rate(s) we made available to you in writing immediately before you registered as a Service Provider on the Hopp Platform.
9.3. We may make changes to the rate(s) of Commission that apply to you, from time to time, by making the new rate(s) available to you in writing at least (15) days prior to the changes taking effect.
9.4. All rates of Commission that apply to you are exclusive of any taxes that apply, unless expressly stated otherwise.
9.5. Your obligation to pay Commission to Hopp arises at the same time that amounts become payable to you in connection with Ride-Hailing Services.
10. Provisions relating to payments Payment Service Provider (Airwallex) - Onboarding, Agreement & Authorisations
10.1. The services under these Platform Terms are designed to be delivered in combination with payment services provided by an independent payment service provider - Airwallex (the ‘Airwallex Payment Services’). To receive any services that involve the collection and settlement of amounts payable by Customers, you must successfully complete Airwallex’s onboarding and enter into its Connected Account Agreement. Hopp provides the Hopp Platform, intermediation and agency services only; any regulated payment services are provided by Airwallex and Airwallex Partners, and governed by the Connected Account Agreement. Hopp does not itself provide regulated payment services.
10.2. You agree to:
10.2.1. promptly provide all onboarding and ongoing due‑diligence information requested by Hopp, Airwallex or Airwallex Partners;
10.2.2. ensure information you provide remains complete, up‑to‑date and accurate; and
10.2.3. Notify Hopp immediately of any errors or changes and provide corrected information.
10.3. You acknowledge, agree and authorise Hopp (acting reasonably) to:
10.3.1. carry out actions it considers necessary or desirable to provide the Hopp Platform and related services to you;
10.3.2. obtain and provide onboarding and due‑diligence data to Airwallex and/or Airwallex Partners;
10.3.3. view and share your Airwallex Account and transaction data with Airwallex and Airwallex Partners;
10.3.4. provide information Airwallex requires to allocate receipts and make payouts; and
10.3.5. perform activities Airwallex requires to provide payment services under Airwallex’s privacy policy (for which Hopp is not responsible).
10.4. If you do not complete onboarding and accept the Connected Account Agreement, you will not have access to the payment services and, consequently, cannot receive services under these Platform Terms that require them.
10.5. If you issue or receive a notice to terminate the Connected Account Agreement, you must notify us immediately of the effective date. Hopp may notify Airwallex if your relationship with Hopp under these Platform Terms is suspended or terminated. Upon termination of these Platform Terms, Hopp will cease to provide access to or share your data with Airwallex and Airwallex Partners except as required by law, and may notify Airwallex of such termination. Your Account Balance and our standard payment schedule
10.6. Hopp will arrange to forward payments to you via your Payment Method on a regular basis with reference to your Account Balance, which is calculated (subject to the other provisions of this section 10) as follows:
10.6.1. The total of:
10.6.1.1. payments arranged to be collected by Hopp on your behalf pursuant to these Platform Terms; and
10.6.1.2. (where applicable, and subject to section 5.27.) the value of any promotions made available by Hopp that are due to be received by you;
10.6.2. less the total of:
10.6.2.1. all Commission and other amounts payable by you to Hopp pursuant to these Platform Terms; and
10.6.2.2. any payments previously arranged to be made to you by Hopp in accordance with this section 10.
10.7. You agree that Hopp may immediately deduct Commission and any other amounts payable by you to Bolt as soon as they become payable, with the effect that your Account Balance is adjusted to reflect such deductions. You further agree that we may immediately deduct those amounts against sums collected on your behalf.
10.8. If your Account Balance is positive at the end of each calendar week, you will be due to receive a payment (subject to the threshold and the other provisions of this section 10). Hopp will arrange to transfer the sum of your Account Balance to your Payment Method, calculated as on Sunday, and processed for payment on the following business day, unless special terms apply, for example if you opted-in for other Airwallex services, such as card services.
10.9. For the exclusive purpose of minimising administrative fees relating to payments, you agree that Hopp is not required to forward your Account Balance to you when it is less than CAD 15. In that case, the sum will be retained as part of your Account Balance and become due for payment at a later date when the threshold is exceeded.
10.10. If your Account Balance is negative at the end of each calendar month, you will owe sums to Hopp. In that case, you must transfer the relevant payment due to Hopp via bank transfer no later than the fifteenth (15th) day of the following calendar month, using the payment method details that we provide to you for this purpose. Requesting an Early Payment
10.11. Where available, you may be eligible to request a payment of your earnings before the standard payment time set out in section 10.7. via the Driver App (an ‘Early Payment’).
10.12. Early Payment requests:
10.12.1. may only be made against a positive Account Balance; and
10.12.2. when fulfilled, will reduce the sums otherwise due to you under the standard payment schedule set out in section 10.7.
10.13. Each Early Payment may be subject to a fee, which (if applicable) will be shown to you in advance in the Driver App. By requesting an Early Payment, you agree that any applicable fee will be deducted from your Account Balance. Your Payment Method
10.14. You must ensure that the details you provide to us in respect of your Payment Method relate to a local bank account (or another type of payment account acceptable to Hopp) in your name and ensure they remain accurate and up to date.
10.15. When you update your Payment Method details, it may take several days for the administrative changes to take effect. We therefore recommend that you update your Payment Method details as soon as possible.
10.16. If we are unable to fulfil our obligation to make payments due to you because your Payment Method details (or other information provided to us) are incorrect, outdated or are otherwise not permitted by these Platform Terms:
10.16.1. we will hold such payments on our account for a maximum of one hundred and eighty (180) calendar days from the date the payment was first due; and
10.16.2. if you do not provide us with updated information within that period which enables us to complete the payment, your claim to the unpaid amounts shall expire, except in Québec. Other important information relating to payments
10.17. Any representation of your Account Balance by Hopp is made without prejudice to any sums payable by you to Hopp under section 14 (‘Your liability’).
10.18. By agreeing to these Platform Terms, you agree to receive receipts and invoices from us in an electronic format.
10.19. Hopp is not responsible for, and cannot guarantee, any payments made by third parties. Accordingly, we are not obliged to pay you any amounts that we are unable to collect on your behalf for reasons outside of Hopp’s control (for example, where a payor’s payment method fails). All Ride-Hailing Services are therefore provided by you at your own financial risk.
10.20. In the event of a failed payment, we will offer you reasonable assistance in procuring the amounts due to you from the relevant payor. If Hopp is able to collect such payment on your behalf, we will credit it to your Account Balance.
10.21. Payments to you, and related functionalities, may from time to time be interrupted, suspended, or limited due to maintenance or technical errors.
10.22. In the event of an overpayment to you, or any similar payment collection or charging error:
10.22.1. you agree that Hopp may take reasonable steps to rectify the error, including by reducing your Account Balance or by deducting any amount erroneously transferred to you from your future Account Balance; and
10.22.2. unless the error is otherwise rectified, you agree to return any overpayments to Hopp as soon as we notify you of the error (and in any event within seven (7) calendar days of notification).
10.23. Hopp reserves the right to cancel, suspend, limit, or refuse payments to you, or collections to be made on your behalf, if Hopp has reasonable grounds to suspect that such payments or collections would be in error or unlawful, relate to Prohibited Manipulative Conduct, or relate to any other use of the Hopp Platform that is unlawful, illegal, or prohibited by international sanctions.
10.24. Where possible, Hopp will try to contact you in advance to inform you of the occurrence of any issues referred to in sections 10.21. To 10.24. (inclusive) and, where applicable, attempt to resolve them, unless prohibited from doing so by regulatory or legal requirements, or unless Hopp has been advised by a competent authority, payment service provider, or legal adviser not to do so.
10.25. You are responsible for any losses, chargebacks, penalties or other amounts incurred by Hopp or Airwallex as a result of your use of the Airwallex Payment Services. You must promptly reimburse Hopp for all such amounts.
11. General prohibitions
11.1. You must not use, or permit the use of, the Hopp Platform to engage in, or for any purpose connected with:
11.1.1. any unlawful or illegal activity — including the sharing of content, data, or items prohibited under applicable law, or the unlawful processing of personal data; or
11.1.2. any Prohibited Manipulative Conduct.
11.2. During all Service Request Periods, you must not — and must ensure, in respect of each such period, that any Appointed Driver who has indicated an intention to fulfil the applicable Ride-Hailing Services on your behalf does not:
11.2.1. create unnecessary safety risks for other Users, including:
11.2.1.1. driving in violation of traffic laws or road safety standards issued by regulatory authorities;
11.2.1.2. unnecessarily exposing Users to weapons or other dangerous items;
11.2.1.3. using vehicles that are unsafe due to poor condition; or
11.2.1.4. otherwise acting in a manner that recklessly disregards the safety of other Users;
11.2.2. engage in or encourage:
11.2.2.1. any violent, aggressive or threatening behaviour;
11.2.2.2. any Discriminatory Behaviour;
11.2.3. cause significant and unnecessary safety concerns or discomfort for other Users, including:
11.2.3.1. unwanted contact or sexual advances that makes others feel unsafe or uncomfortable;
11.2.3.2. inviting or allowing individuals unknown to Passengers to enter vehicles during Ride-Hailing Services; or
11.2.3.3. persistently exposing others to unpleasant and objectionable conditions, such as soiled seating or offensive odours.
11.3. You must not carry, or allow any Passenger to carry, any Prohibited Items while using the Hopp Platform or providing Ride-Hailing Services, unless expressly permitted by applicable law. You may refuse to provide Ride-Hailing Services to any person carrying Prohibited Items.
11.4. The proper functioning of the Hopp Platform depends on all Users acting in ‘good faith’ and with reasonable consideration for others. Accordingly, you must not use the Hopp Platform, or allow the use of it, in any way that significantly or persistently disrupts, interferes with, or delays the arrangement of Ride-Hailing Services by other Users, or the matching of willing Customers and Service Providers by Hopp (as described in section 5), including by:
11.4.1. excessively cancelling Ride-Hailing Services after indicating a willingness to fulfil them;
11.4.2. excessively remaining ‘online’ in the Driver App during periods of inactivity;
11.4.3. persistently delaying the cancellation of Ride-Hailing Services after deciding not to fulfil them;
11.4.4. asking Customers to cancel Ride-Hailing Services, instead of cancelling them properly through the Driver App, after deciding not to fulfil them; or
11.4.5. otherwise engaging with the Driver App in a manner that is inconsistent with a genuine, good faith intention to review, and where applicable fulfil, Ride-Hailing Service requests.
11.5. You must not provide, or allow the provision of, any information via the Hopp Platform that is misleading, false, unlawful or illegal.
11.6. You must not allow any person to access the Hopp Platform using login details that do not match the information provided to Hopp in connection with sections 3.4.1. (‘eligibility to lawfully fulfil services’), 3.4.2. (‘photographic identity’), 4.1. (‘personal information’) or 6.5. (‘information relating to Appointed Drivers’).
11.7. You must not participate in, or allow, any attempt to:
11.7.1. falsify, manipulate, scrape, index or mine any data made available through the Hopp Platform;
11.7.2. tamper with, mislead, or breach the security systems of the Hopp Platform;
11.7.3. modify, jailbreak, decompile, reverse engineer or otherwise attempt to obtain the source code of any part of the Hopp Platform;
11.7.4. access the Hopp Platform through any means other than those expressly provided and permitted via Hopp’s official applications, websites or other software; or
11.7.5. engage in any other use of the Hopp Platform that is likely to have a significant negative impact to its integrity or reputation.
11.8. For the avoidance of doubt, the prohibition of Discriminatory Behaviour set out in section 11.2.2. does not restrict your right, or the right of any Appointed Driver, to decline requests or disengage from interactions for legitimate and lawful reasons.
11.9. Hopp has a zero-tolerance policy towards aggressive, intimidating or manipulative behaviour. You must not, and must not allow any Appointed Drivers to, threaten, intimidate, dishonestly manipulate or otherwise abuse any employees, partners or agents of Hopp.
12. Investigations into unusual behaviour
12.1. If Hopp becomes aware of information indicating a potential breach of these Platform Terms, you must arrange for all necessary cooperation with Hopp’s reasonable investigations without undue delay.
12.2. You acknowledge that Hopp may request feedback from Users to assist in detecting non-compliance with these Platform Terms.
12.3. Hopp reserves the right to report any unlawful, unusual or suspicious activities to relevant law enforcement agencies or regulatory authorities without providing notice to you or any other party.
12.4. Hopp may be required to disclose confidential information in accordance with applicable laws, court orders or regulatory investigations.
13. How access to the Hopp Platform may be temporarily suspended
13.1. Hopp is entitled, with immediate effect, to temporarily suspend or restrict access, in whole or in part, to any aspect of the Hopp Platform associated with your account:
13.1.1. if there has been a breach of your obligations under these Platform Terms;
13.1.2. if Hopp is notified that your Connected Account Agreement is suspended or terminated;
13.1.3. where Hopp is conducting an investigation relating to:
13.1.3.1. Hopp’s legal or regulatory obligations; or
13.1.3.2. a suspected breach of these Platform Terms, in which case the relevant access will be suspended for the duration of the investigation only;
13.1.4. if you and/or your Appointed Drivers fail to verify their identity and/or log-in credentials;
13.1.5. if Hopp needs to make changes to comply with laws or regulations;
13.1.6. to deal with urgent technical problems, changes, or upgrades; or
13.1.7. if Hopp needs to take urgent precautions to protect against:
13.1.7.1. imminent danger(s) to Users;
13.1.7.2. cybersecurity risks (including malware, spam, or data breaches);
13.1.7.3. suspected unlawful or illegal activity; or
13.1.7.4. other significant harm to the integrity or reputation of the Hopp Platform.
13.2. Hopp will try to contact you in advance of any such suspension, unless there is an urgent issue, an emergency, or another appropriate reason, including:
13.2.1. health and safety concerns;
13.2.2. material or repeated breaches of these Platform Terms; or
13.2.3. where we are unable, or are advised not to do so, for regulatory or legal reasons.
13.3. While your access is restricted or suspended, you will (where available) be able to access historical details relating to the Ride-Hailing Services you have provided via the Hopp Platform.
13.4. If Hopp suspends your access to the Hopp Platform, you may submit a complaint or request a review of the decision in accordance with our internal complaint handling rules (see section 17.8.).
14. How our relationship may end
14.1. You may terminate your relationship with Hopp under these Platform Terms immediately and at any time by giving Hopp notice in writing to that effect.
14.2. Hopp may terminate its relationship with you, either entirely or in relation to a specific feature or type of access, as follows:
14.2.1. by giving you at least thirty (30) days' notice in writing to that effect, together with Hopp’s reasons for doing so; or
14.2.2. immediately, by issuing written notice to you to that effect, if:
14.2.2.1. a new law, regulation, or obligation comes into force (or similar circumstances beyond Hopp’s control) requiring Hopp to terminate the provision of all or part of the Hopp Platform immediately or on less than thirty (30) days’ notice;
14.2.2.2. Hopp is exercising its right to terminate for an imperative reason pursuant to national law;
14.2.2.3. Hopp is notified that your Connected Account Agreement has been suspended or terminated;
14.2.2.4. there is a material breach of these Platform Terms;
14.2.2.5. there are repeated breaches of these Platform Terms; or
14.2.3. without cause, by giving you at least sixty (60) days’ prior notice in writing.
14.3. Where required to do so, Hopp will provide you with a statement of reasons for any termination under section 14.2., except to the extent that we are unable to do so or are advised not to do so for regulatory or legal reasons. The absence of a statement of reasons will not affect the validity of a termination notice that has otherwise been properly issued by Hopp.
14.4. Upon termination of these Platform Terms:
14.4.1. in full, you and any Appointed Drivers will no longer have the right to access the Hopp Platform; or
14.4.2. in respect of a specific feature or access, you and/or the relevant Appointed Drivers (as applicable) will no longer have the right to access the part(s) of the Hopp Platform relating to that feature or access.
14.5. Termination of these Platform Terms will not affect any accrued rights or obligations existing at the time of termination.
14.6. If Hopp terminates your access to the Hopp Platform, you may submit a complaint or request a review of the decision in accordance with our internal complaint handling rules (see section 17.8.).
14.7. For the avoidance of doubt, the following sections of these Platform Terms will continue to apply at all times, including after the termination of all or part of our relationship: 8 (the scope of Hopp’s role as your agent), 9 (commission), 10 (payments), 14 (your liability), 15 (our liability), 16 (intellectual property, notices, disputes, our partners and affiliates, tax, interpretation and jurisdiction) and 17 (glossary of defined terms)].
15. Your liability
15.1. To the maximum extent permitted by law, you agree to indemnify and fully reimburse Hopp for any claims, losses, liabilities, and costs (including the costs of Hopp’s professional advisors and enforcement agents) incurred as a result of your use of the Hopp Platform, including in connection with:
15.1.1. any breach of your obligations under these Platform Terms;
15.1.2. property damage or monetary loss;
15.1.3. loss of profit, business, revenue, contracts, contacts, goodwill, reputation, or anticipated savings;
15.1.4. any loss arising from the interruption or use of the Hopp Platform;
15.1.5. loss of, damage to, or inaccuracy of data;
15.1.6. any other type of indirect or consequential loss or damage (for example, losses that could not reasonably have been foreseen at the beginning of our relationship);
15.1.7. any allegation that any materials submitted to Hopp or transmitted through the Hopp Platform:
15.1.7.1. breach the intellectual property rights of any third party; or
15.1.7.2. breach any law or regulation;
15.1.8. the ownership, use, maintenance, or operation of a vehicle;
15.1.9. your or any Appointed Driver’s inability to lawfully fulfil any Ride-Hailing Services;
15.1.10. the actions or inactions of any Appointed Drivers; and/or
15.1.11. your engagement with any Appointed Drivers ; and/or
15.1.12. any failure by you, or by any Appointed Driver acting on your behalf, to properly account for or pay taxes arising from services arranged via the Hopp Platform (including where Hopp is required by law to account for taxes otherwise payable by you or your Appointed Drivers due to any omission by you or them).
15.2. Except where otherwise stated in these Platform Terms, you agree to pay any amounts payable to Hopp under these Platform Terms (including any indemnified losses, overpayments, interest, or enforcement costs) immediately on demand. Hopp may, where applicable, recover such amounts by deducting them from any sums collected on your behalf or by issuing a separate invoice.
15.3. Any late payment by you of sums payable to Hopp under these Platform Terms shall be payable by you together with interest on the unpaid sum, calculated at: 0.04% (zero point zero four percent) of the unpaid amount per day.
16. Our liability
16.1. To the maximum extent permitted by law, Hopp shall not be liable to you for any losses, damages, costs, or claims arising from or in connection with:
16.1.1. your use of the Hopp Platform, or the use of the Hopp Platform by any Appointed Driver;
16.1.2. the unavailability, interruption, or improper functioning of the Hopp Platform;
16.1.3. the actions or inactions of any User of the Hopp Platform;
16.1.4. websites, content, applications, or services (including payment services) that are not owned, controlled, or operated by Hopp, including any delays or errors they cause;
16.1.5. incorrect or outdated information you have provided to Hopp;
16.1.6. payment processing delays outside of Hopp’s control (for example, delays caused by a third-party payment service provider); or
16.1.7. unauthorised access to the Hopp Platform using login credentials that do not belong to, or were not issued to, the person accessing it.
16.2. The exclusions of liability in section 15.1. include, without limitation, exclusions for any of the following types of loss or damage, whether direct or indirect:
16.2.1. property damage or monetary loss;
16.2.2. loss of profit, business, revenue, contracts, contacts, goodwill, reputation, or anticipated savings;
16.2.3. any loss arising from the interruption or use of the Hopp Platform;
16.2.4. loss of, damage to, or inaccuracy of data; or
16.2.5. any other type of indirect or consequential loss or damage (including, for example, losses that could not reasonably have been foreseen at the outset of our relationship).
16.3. Hopp’s maximum aggregate liability to you in connection with these Platform Terms is capped at CAD 750. This cap applies regardless of the number of claims made or the number of events giving rise to liability. If you reside in the province of Québec, nothing in these Platform Terms limits or excludes Hopp’s liability for the consequences of its own acts or those of its representatives.
16.4. All limitations and exclusions of liability set out in these Platform Terms apply to the fullest extent permitted by law.
16.5. Nothing in these Platform Terms limits or excludes Hopp’s liability for:
16.5.1. death or personal injury caused by Hopp’s negligence; or
16.5.2. any other liability that cannot lawfully be limited or excluded.
16.6. Any payment services provided to you through the Airwallex Payment Services are provided by Airwallex and/or relevant Airwallex Partners. Hopp is not responsible for and is not liable for their acts or omissions. You must raise Airwallex payment‑service complaints with Hopp as your first point of contact and Hopp may forward complaints to the Airwallex.
17. Other important provisions Intellectual property
17.1. All copyrights, trademarks, design rights, and other intellectual property in the Hopp Platform — including its source code, databases, logos, and visual designs (together, the “Intellectual Property”) — are owned by, or licensed to, Hopp. By using the Hopp Platform, you do not acquire any ownership rights in the Intellectual Property. You must not use, or permit the use of, the Intellectual Property without Hopp’s express prior written consent. Notices
17.2. Unless stated otherwise in these Platform Terms, notices to Hopp in connection with these Platform Terms must be issued in writing to Hopp’s registered address: Suite 500, 149 East Liberty Street, Toronto, Ontario M6K 0H7, Canada.
17.3. Hopp may issue notices to you in connection with these Platform Terms by letter or by email, using the most recent contact information you have provided to us from time to time, or — if you are a Driver — via the Driver App.
17.4. Except where expressly stated otherwise in these Platform Terms, notices issued in connection with these Platform Terms must be provided in English and will be deemed properly served:
17.4.1. if delivered by hand, at the time the notice is left at the applicable address;
17.4.2. if sent by post, on the next day after posting;
17.4.3. if sent by email, at the time the email is sent; or
17.4.4. if delivered via the Driver App, at the time the notice is made available to you through the Driver App.
17.5. If the time at which a notice is deemed properly served under section 16.4. falls after 17:00 (5 PM) on any day, or at any time on a Saturday, Sunday, or public holiday, the notice shall instead be deemed properly served at 09:00 (9 AM) on the next day that is not a Saturday, Sunday, or public holiday. Enforcement
17.6. Hopp may, acting reasonably and in good faith, determine whether there has been a breach of these Platform Terms. Any right or discretion granted to or retained by Hopp under these Platform Terms may be exercised accordingly.
17.7. Without limiting any other right or discretion afforded to Hopp under these Platform Terms, Hopp may, acting reasonably and in good faith, determine whether conduct is Prohibited Manipulative Conduct. Disputes
17.8. In circumstances where Hopp has:
17.8.1. removed content from the Hopp Platform (see section 4.2.);
17.8.2. suspended access to the Hopp Platform (see section 12);
17.8.3. terminated access to the Hopp Platform (see section 13);
17.8.4. otherwise taken a decision in connection with these Platform Terms that you disagree with; you may submit a complaint or request a review of the decision in accordance with our internal complaint handling rules, available HERE. Our partners and affiliates
17.9. You agree that Hopp may, at its discretion and without prior notice, arrange for its obligations under these Platform Terms to be performed on its behalf by its partners or affiliates. You also acknowledge that Hopp may appoint its partners or affiliates to exercise its rights under these Platform Terms. This will not adversely affect your rights or the obligations owed to you under these Platform Terms. Tax
17.10. Unless expressly indicated otherwise, all amounts payable by you to Hopp (including Commission and other fees) are exclusive of Sales Tax. “Sales Tax” means GST/HST/PST/QST, as applicable. Hopp will, on your behalf, calculate and collect Sales Tax from Passengers on Fares and applicable fees, and remit the Sales Tax to you on the Passenger’s behalf. You are solely responsible for complying with all tax obligations under applicable law, including registering for a GST/HST/PST/QST account (where required), completing all related registrations, reporting and remittance obligations, and providing Hopp with any business or tax information it requires to comply with its own obligations. If Hopp pays, remits or is required to pay any Sales Tax, fines, penalties or other amounts on your behalf as a result of your failure to comply with applicable tax laws, you must promptly reimburse Hopp for all such amounts. If you fail to provide required tax information, Hopp may withhold payments, suspend or terminate your account, and/or prevent re-registration until the information is provided. Hopp may also disclose information to tax authorities as required by law.
17.11. Please note that Hopp will seek to recover, from you, the cost of any taxes it is required by law to pay as a result of any failure by you or your Appointed Drivers to properly account for or pay taxes due (see section 15.1.12). Accordingly, you are responsible to Bolt for ensuring that you and any Appointed Drivers comply with all applicable tax obligations arising from your use of the Bolt Platform. Interpretation
17.12. All headings and defined terms in these Platform Terms are for reference only and do not affect the interpretation of any provision.
17.13. In these Platform Terms, unless expressly stated otherwise:
17.13.1. a reference to a “section” means a section of these Platform Terms;
17.13.2. a reference to a “party” means a party to these Platform Terms, and “parties” shall be interpreted accordingly;
17.13.3. words in the singular include the plural and vice versa;
17.13.4. a reference to one gender includes all genders;
17.13.5. a reference to a “person” includes an individual, company, partnership, trust, or other legal entity;
17.13.6. references to “including” or similar expressions do not limit what else may be included.
17.14. If any provision of these Platform Terms is found or held by a court or other competent authority to be unenforceable, the parties agree to replace it with a valid and enforceable provision that, so far as possible, preserves the original intent and commercial effect.
17.15. In the event of any conflict between these Platform Terms and any other agreement or arrangement between you and Hopp, these Platform Terms shall prevail unless expressly stated otherwise.
17.16. Hopp operates as the provider of an online platform for intermediation and matching services. Accordingly:
17.16.1. Nothing in these Platform Terms is intended to imply or determine that Service Providers or Drivers (including Appointed Drivers) owe any obligation to Hopp to personally perform or fulfil Ride-Hailing Services, or that they have an employment relationship with Hopp.
17.16.2. If any provision of these Platform Terms is found or held by a court or other competent authority to imply an obligation to personally perform or fulfil Ride-Hailing Services, or to imply the existence of an employment relationship with Hopp, the parties agree to replace it with a valid and enforceable provision that removes that implication but, so far as possible, preserves the original intent and commercial effect.
18. Glossary of defined terms In these Platform Terms the following definitions apply:
18.1. ‘Account Balance’ means the sum of payments that Hopp has collected on your behalf less sums payable to Hopp, as is calculated in accordance with section 9.1.
18.2. ‘Airwallex’ means 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.
18.3. ‘Airwallex Account’ means any account or wallet held by a Driver with Airwallex.
18.4. ‘Airwallex Partners’ means relevant Airwallex affiliates and third party service providers.
18.5. ‘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 Ride-Hailing Services.
18.6. ‘Appointed Driver’ means an individual registered and appointed by a Service Provider as a Driver in accordance with section 6.
18.7. ‘Connected Account Agreement’ means the terms and conditions entered into between you and Airwallex in respect of the Airwallex Payment Services, which is available here.
18.8. ‘Hopp’ (‘we’ / ‘us’ / ‘our’) 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, whose registered office is at: 1050 King Street West, Unit 03B101, Toronto, Ontario, M6K 1E6, Canada.
18.9. ‘Hopp Platform’ means the technology platform made available by Hopp — including the Driver App — through which Ride-Hailing Services are intermediated under these Platform Terms, and through which other tools, features or services may be made available or intermediated.
18.10. ‘Cancellation Fee’ means a fee charged by you to Customers in the event that a Customer cancels their request or otherwise fails to enter into an arrangement for Ride-Hailing Services after the expiry of the applicable Cooling-Off Period as is set out further in sections 5.17 and 5.18.
18.11. ‘Categories’ means the categories of Ride-Hailing Services available via the Hopp Platform in the market (which may, for example, include categories for ‘electric’ or ‘premium’ vehicles) and ‘Category’ means any one of them.
18.12. ‘Cleaning Fees’ means a fee charged by you to Customers in circumstances where a Passenger has soiled a vehicle during the provision of Ride-Hailing Services as is set out further in section 5.19. and 5.20.
18.13. ‘Collection Period’ means the applicable period that:
18.13.1. starts when a Driver indicates (via the Driver App) their willingness to provide or fulfil Ride-Hailing Services to the relevant Customer further to that Customer’s request for Ride-Hailing Services; and
18.13.2. ends at the commencement of the Journey Period or, if earlier, when the request for Ride-Hailing Services is cancelled or declined.
18.14. ‘Commission’ means a commission payable by you to Hopp in exchange for Hopp’s services provided to you under these Platform Terms as is set out further in section 8.
18.15. ‘Commission-Free Items’ means the fees and payments on which a Commission is not charged which are (inclusively) all gratuities, cleaning fees, insurance fees, municipal trip fees, airport fees and Toll Payments.
18.16. ‘Customer’ means a party that makes a request for (and may be provided with) Ride-Hailing Services.
18.17. ‘Discriminatory Behaviour’ means any conduct — including speech, actions, or treatment of others — that shows bias, prejudice, or hostility based on protected characteristics such as race, ethnicity, nationality, gender, sexual orientation, gender identity, religion, disability, or age.
18.18. ‘Driver’ means an individual registered with Hopp by you to access and review opportunities to fulfil Ride-Hailing Services on your behalf including (as applicable):
18.18.1. you; and/or
18.18.2. Appointed Drivers;
18.19. ‘Driver App’ means the mobile application(s) made available by Hopp enabling Drivers to review opportunities to fulfil Ride-Hailing Services.
18.20. ‘Early Payment’ means a payment of your earnings before the standard payment time as is further described in sections 9.5. to 9.7. (inclusive).
18.21. ‘Fare’ means the price payable for the provision of Ride-Hailing Services.
18.22. ‘Journey Period’ means the applicable period that:
18.22.1. starts when a Driver collects the Passenger(s) from the applicable pick-up location in order to transport them to the destination requested; and
18.22.2. ends when the Ride-Hailing Services conclude or otherwise come to an end for any other reason.
18.23. ‘Passenger’ means any individual who is or will be transported as a passenger pursuant to the provision of Ride-Hailing Services.
18.24. ‘Payment Method’ means the payment method for transferring amounts payable to you in accordance with these Platform Terms, the details of which you have provided to Hopp.
18.25. ‘Platform Terms’ means the entirety of these terms and conditions entitled ‘Platform Terms for Ride-Hailing: Service Providers (Canada) together with any addendums forming an integral part of these Platform Terms.
18.26. ‘Prohibited Items’ means items that Drivers and Passengers are not permitted to carry or transport while using or providing Ride-Hailing Services, except where expressly permitted by applicable law. Prohibited Items include:
18.26.1. firearms and their parts, ammunition, melee weapons, and other items specially designed for attack or defence;
18.26.2. flammable, combustible, explosive, radioactive, infectious, poisonous or corrosive substances, and similar hazardous materials;
18.26.3. drugs and other psychotropic substances subject to special control under applicable law; and
18.26.4. any other item prohibited from being carried or transported under applicable law, or that requires additional licences, permits or approvals.
18.27. ‘Prohibited Manipulative Conduct’ means any use of the Hopp Platform that indicates an intention — or an attempt — to manipulate, exploit or harm any person or the Hopp Platform itself, or to exploit or improperly fulfil any promotion criteria made available by Hopp. This includes:
18.27.1. the request, acceptance or completion of Ride-Hailing Services in a manner that appears excessive, artificial or unusually coordinated; and
18.27.2. repetitive behaviour that appears designed to falsify a real demand for Ride-Hailing Services or an intention to fulfil them.
18.28. ‘Service Request Periods’ means together (in relation to a request for Ride-Hailing Services) the Collection Period and, if the Ride Hailing Services commence, the Journey Period.
18.29. ‘Service Provider’ means an individual or legal entity that has registered to the Hopp Platform to access and review opportunities in Canada to provide Ride-Hailing Services on their own behalf.
18.30. ‘Ride-Hailing Services’ means ride-hailing transportation services provided by Service Providers to Customers which are arranged via the Hopp Platform.
18.31. ‘Toll Payments’ means payments to be made to Service Providers as an additional charge due to the route of Ride-Hailing Services creating additional costs or inconveniences such as journeys over toll bridges, journeys that pass through congestion zones or journeys that incur airport parking fees.
18.32. ‘Users’ means all users and beneficiaries of the Hopp Platform including all Service Providers, Drivers, Customers and Passengers.
18.33. ‘You’ (or ‘you’) means a Service Provider that is subject to these Platform Terms.
19. Governing Law and Dispute Resolution
19.1. Agreement to Arbitrate. Except as otherwise provided in this Agreement (or as otherwise precluded by law), both the Driver and HOPP Canada agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement, which is governed by the applicable arbitration statute or statutory provisions in the province in which the Driver performs the majority of the services covered by this Agreement (the “Applicable Provincial Arbitration Statute”), including but not limited to any disputes, claims or controversies relating to the Driver’s relationship with HOPP Canada or the termination of such relationship, the payment of Fares, HOPP Fees, the Driver’s use of the HOPP Platform, the HOPP App, HOPP Services, the Driver’s status as an independent contractor, the provision of Transportation Services, or any other issues arising from this Agreement, whether arising under federal, provincial, or local statutory or common law, shall be resolved exclusively by final and binding arbitration, and not in court. This Arbitration Agreement also applies to disputes involving HOPP Canada’s affiliates, subsidiaries, successors, agents, and employees, to the extent such disputes arise out of or relate to this Agreement. The parties agree that the arbitration will be governed by the arbitration statute or statutory provisions of the Applicable Provincial Arbitration Statute. Any questions regarding the applicability of this section shall be determined exclusively by the arbitrator, except as otherwise provided in Section 19.9.
19.2. Informal Dispute Resolution. Before either party may initiate arbitration, both parties agree to attempt in good faith to resolve any dispute covered by this Arbitration Agreement through an informal conference, which may be conducted by telephone or videoconference. Each conference must be individualized; group conferences are not permitted unless both parties agree. If the Driver is represented by counsel, counsel may participate, but the Driver must also be present and participate in the conference. The party initiating the claim must provide written notice of its intent to initiate an informal dispute resolution conference, which must occur within 60 days of receipt of such notice, unless the parties agree to extend this period. To notify HOPP Canada, email GTA@gethopp.com with your name, the phone number associated with your HOPP account, and a description of your claims. HOPP Canada will then provide an Informal Dispute Resolution Conference Request form, which you must complete to initiate the process. If HOPP Canada initiates a claim, it will email the address associated with the Driver’s HOPP account, providing a description of HOPP Canada’s claims. In the interim between the party receiving an informal notice and the informal dispute resolution conference, the parties may attempt to resolve the claim(s). Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration, and the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. If an arbitration is dismissed because a party failed to comply with these informal dispute resolution procedures, the parties agree that the party that failed to comply with the informal dispute resolution procedures shall be responsible for paying any arbitration filing fees and costs incurred by the other party. The statute of limitations/prescription and any filing deadlines are tolled/suspended while the parties engage in this process.
19.3. Governing Law and Rules. The arbitration shall be conducted in accordance with the ADR Institute of Canada, Inc. ADRIC Arbitration Rules (“ADRIC Rules”), as applicable, except as modified by this Agreement. Prior to commencing arbitration, the party seeking to initiate arbitration must provide written notice of its intent to arbitrate (the Notice of Request to Arbitrate) and certify completion of the informal dispute resolution conference pursuant to Section 19.2. If the Driver is providing notice to HOPP Canada, it must be sent to General Manager, Suite 500, 149 East Liberty Street, Toronto, Ontario M6K 0H7, GTA@gethopp.com. The demand for arbitration must be submitted in accordance with the ADRIC Rules (https://adric.ca/case-administration-services/ ↗) and include: (i) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (iv) the signature of the party seeking arbitration.
19.4. Arbitration Rules and Forum. Notwithstanding anything to the contrary in the ADRIC Rules, the arbitration shall be heard by a single Arbitrator (selected in accordance with the ADRIC Rules), who shall be a lawyer or former judge. The seat of the arbitration shall be the capital city of the province in which the Driver performs the majority of the services covered by this Agreement. However, at the Driver’s request, the arbitration hearing may take place at a location that is within 45 kilometers of the Driver’s primary residence as of the effective date of this Agreement. The arbitration may proceed virtually at the request of either party, at the arbitrator’s discretion. Unless applicable law provides otherwise, the Driver and HOPP Canada shall jointly pay (i.e., in equal shares) the applicable filing fees and other similar and usual administrative costs, as are common to both court and administrative proceedings. HOPP Canada will pay any additional costs unique to arbitration, such as arbitrator fees and technical support for virtual hearings. The current fee schedule under the ADRIC Rules is available at the following link: https://adric.ca/case-administration-services/ ↗. If ADRIC is unavailable, the parties will mutually select an alternative arbitral forum.
19.5. Initiating Arbitration. The party requesting arbitration shall propose three potential arbitrators in its Notice of Request to Arbitrate. The responding party must, within 10 days of receipt of the Notice of Request to Arbitrate, either agree to one of the proposed arbitrators or provide its own list of three potential arbitrators via email. The parties shall continue to exchange lists in this manner until an arbitrator is appointed. If no arbitrator is appointed within 30 days of the Notice of Request to Arbitrate, either party may provide copies of the exchanged lists to ADR Institute of Canada, Inc. which shall appoint the Arbitrator by selecting an Arbitrator from the lists exchanged between the parties.
19.6. Arbitrator Powers. The Arbitrator, and not any federal or provincial court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of Arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of the Driver and HOPP Canada. Except as expressly agreed by the parties or as otherwise expressly provided herein, the arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The parties agree that the Arbitrator’s powers include the following:
19.6.1. The Arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery (including oral discovery) sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
19.6.2. Except as provided in the Arbitration Class Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the substantive law of the province in which Driver performs the majority of the services covered by this Agreement and the laws of Canada applicable in that province, as applicable.
19.6.3. The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the applicable rules of civil procedure governing such motions in the province in which Driver performs the majority of the services covered by this Agreement.
19.6.4. The Arbitrator's decision or award shall be in writing with findings of fact and conclusions of law. Driver and HOPP Canada agree that the arbitration and any corresponding rulings or decisions shall be kept strictly confidential.
19.6.5. The Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets, or other sensitive information. Subject to the discretion of the Arbitrator or agreement of the parties, any person having a direct interest in the arbitration may attend the arbitration hearing. The Arbitrator may exclude any non-party from any part of the hearing.
19.6.6. Either Driver or HOPP Canada may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual.
19.7. Binding Authority. The arbitrator’s award shall be binding only on the parties to the arbitration and shall not have preclusive effect in any other proceeding involving different parties. The arbitrator’s decision is final and binding.
19.8. Arbitration Class Action Waiver. Driver and HOPP Canada waive any right to bring, participate in, or have any dispute heard as a class, collective, or representative action in arbitration. The arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action, or to award relief to anyone but the individual in arbitration ("Arbitration Class Action Waiver"). Notwithstanding any other clause contained in this Agreement or the ADRIC Rules, as defined below, any claim that all or part of this Arbitration Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or representative action and (ii) there is a final judicial determination that all or part of the Arbitration Class Action Waiver is unenforceable, the class, collective and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Arbitration Class Action Waiver that is enforceable shall be enforced in arbitration. All other disputes with respect to whether this Arbitration Agreement is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court. 19.9. Status. The Driver agrees and acknowledges that nothing in this Arbitration Agreement alters the Driver’s status as an independent contractor, nor does it create an employment relationship between the Driver and HOPP Canada. Any disputes regarding the Driver’s status shall be subject to arbitration as provided herein.
19.10. Exclusions and Administrative Claims. This Arbitration Agreement does not preclude the Driver from making a report to or filing a claim, application or charge with the applicable governmental or administrative agency or tribunal, including, as applicable, the applicable Ministry of Labour, human rights commission or tribunal, and labour relations board (cumulatively, “administrative agencies”) if the terms of applicable legislation entitle Driver to do so and preclude exclusive pre-dispute recourse to arbitration. It also does not prevent federal, provincial or local administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Agreement, if the terms of applicable legislation preclude exclusive pre-dispute recourse to arbitration. Nothing herein excuses a party from satisfying any conditions precedent or exhausting administrative remedies required by law before bringing a claim in arbitration. Disputes that cannot be subject to pre-dispute arbitration, including as provided by applicable legislation, are excluded from the coverage of this Arbitration Agreement.
19.11. Opt Out. Arbitration is not a mandatory condition of the Driver’s relationship with HOPP Canada. New Drivers may opt out of this Arbitration Agreement by sending a signed, written notice by First Class Mail to HOPP Canada, within 30 days of the effective date of this Agreement. The notice must state the Driver’s intention to opt out and may only opt out one individual. No agent or representative may opt out on behalf of another. Letters that purport to opt out multiple Drivers will not be effective as to any. If the Driver does not opt out within 30 days, the Driver will be deemed to have agreed to this Arbitration Agreement. Any attempt to opt out by email will be ineffective. If the Driver opts out as provided in this paragraph, the Driver will not be subject to any adverse action from HOPP Canada as a consequence of that decision and he/she may pursue available legal remedies without regard to this Arbitration Agreement. Existing Drivers who have agreed to a prior version of this Agreement with HOPP Canada without opting out of the Arbitration Agreement contained therein do not have an opportunity to opt out of this Arbitration Agreement. If you are an existing Driver and have validly opted out of the Arbitration Agreement in a prior version of the Agreement, that opt out will not be effective for disputes arising under this Agreement; if you want to opt out of arbitration for claims arising under this Agreement, you must submit a new opt out pursuant to the notice directions above. The Driver has the right to consult with counsel of the Driver's choice concerning this Arbitration Agreement (or any other provision of this Agreement).
19.12. Survival. Except as specified in the prior paragraph, this Arbitration Agreement supersedes any and all prior arbitration agreements between Driver and HOPP Canada and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable. The arbitrator’s award may be entered in any court of competent jurisdiction.
End of Platform Terms