Purchase terms and Conditions

HOPKID OÜ (hereinafter referred to at times as “HOPKID”, “Company” “we” or “us”) welcomes you to our innovative trust-based ride service, and the associated Applications, websites, content and products (the “Services”). Below are the Purchase terms and conditions for use of this Application and the Services (hereinafter referred to as “Terms and Conditions Agreement”). 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

By using or accessing the Services, you hereby agree to be bound by this Terms and Conditions Agreement. If you do not agree with this Terms and Conditions Agreement, please do not access or use our Services.

We may immediately terminate the Terms and Conditions Agreement or any Services with respect to you, or generally cease offering or prevent further access to the Services or any portion thereof, at any time for any reason, without prior notice to you.

Note that the headings contained in this Terms and Condition Agreement are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in this Terms and Conditions Agreement.

HOPKID’s Privacy Policy associated with the Services may be found at: Privacy Policy www.hopkid.ee

1. HopKid’s Services

HOPKID DOES NOT PROVIDE TRANSPORTATION OR RELATED SERVICES TO USERS. Our Services comprise a seamless, technology-based platform that includes mobile applications, websites and other points of entry (each an “Application”) through which users can connect with and schedule transportation and related services with independent providers of those services (each an “Independent Service Provider”). Such Independent Service Providers may also be under separate agreement with HOPKID. Our Services are made available for personal, non-commercial use only. FOR CLARITY, HOPKID IS NOT A TRANSPORTATION CARRIER. IT IS UP TO EACH INDEPENDENT SERVICE PROVIDER AND USER TO USE THE HOPKID SERVICES TO CONNECT WITH EACH OTHER. HOPKID A CCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO OR USED BY ANY USER BY ANY INDEPENDENET SERVICE PROVIDER. We may offer our Services under one or more brands, alone or in connection with others, from time to time, including: HOPKID.

Our Applications, and all of our content (including, without limitation, text, photographs, images, illustrations, graphics, video material, audio material, services, products and software) shall be referred to collectively herein as the “HOPKID Materials”.

2. Eligibility

The HOPKID Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the HOPKID  Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.

3. Third Party Services and Materials

Third party services and/or content, including advertising (“Third Party Materials”), may be made available or accessed in connection with the Services or HOPKID Materials. HOPKID does not control, endorse or otherwise promote such third parties and/or the Third Party Materials. Different terms of use and Privacy policies may apply to such material, and you are solely responsible for same. You acknowledge and agree that HOPKID shall have no responsibility or liability to you associated with such Third Party Materials. Some third parties, such as Apple Inc., Google, Inc., Microsoft Corporation and others, may be considered third-party beneficiary to this Terms and Conditions Agreement if you access the Services using devices or applications developed by them (e.g., Apple IOS). Your access to the Services using such devices is also subject to any applicable terms and conditions imposed by such third parties.

4. Limited License

Subject at all times to your compliance with this Terms and Conditions Agreement, HOPKID hereby grants you a limited license, under which you may access and use the Services, and any HOPKID Materials offered or provided in connection with your use of the Services, solely for your personal, non-commercial use. Your license is revocable, non-exclusive, and may not be transferred or sublicensed to others.

As between HOPKID and you, any rights not expressly granted to you in the paragraph immediately above are hereby reserved by HOPKID, and its licensors and/or subsidiaries.

5.      Ownership and Intellectual Property

The Services, and other portions of the HOPKID Materials are, and are protected by, the intellectual property of HOPKID and its licensors and/or subsidiaries.

The Services and the HOPKID Materials are protected, as applicable, by copyright, patent, trademark and other laws of the Estonia, as well as international conventions and the laws of other countries. The Services and HOPKID Materials are owned or controlled by HOPKID or its licensors, subsidiaries and/or the party credited as the provider of same. Additionally, portions of the HOPKID Materials, e.g., the Applications, are protected by copyright as a collective work and/or compilation.

6. Use of the Services

Registration and HOPKID Accounts

Users (as defined in HopKid’s “Privacy Policy”) of the Services (must register for and maintain an active account with us (each a “HOPKID Account”). There are two types of HOPKID Accounts available: (1) one for persons aged 8-17 (“HOPKID Junior Account”); and (2) one for persons aged 18 years and older (“HOPKID Full Account”). A HOPKID Junior Account provides limited access and functionality for its users and must be connected with a HOPKID Full Account. Unless otherwise designated, references to “HOPKID Accounts” herein shall refer to both types of HOPKID Accounts.

You are not allowed to have more than one active HOPKID Account at any one time. You are not allowed to have a Junior HOPKID Account unless it is tied to a HOPKID Full Account. You acknowledge and agree that you are solely responsible for all activity that occurs on or through your HOPKID Account (including the activities associated with any Junior HOPKID Accounts ties to your HOPKID Full Account), and that you are solely responsible for the selection, security and protection of your username and password for your HOPKID Account.

By accessing and using the Services via your HOPKID Account, you agree that we may contact you in connection with your access and use of same, including, without limitation, sending you informational text (SMS) messages and/or e-mail. You may opt-out of receiving text (SMS) messages from us at any time by sending us an e-mail a CONTACT@HOPKID.ee You understand that you opting out of receiving text (SMS) messages from us may negatively impact your access to and use of the Services.

To register for a HOPKID Full Account, you must be at least eighteen years of age (or the age of legal consent, if different from 18 years in your jurisdiction).

You will need to provide the following information in registering for a HOPKID Full Account:

·         Your name and address

·         Your contact information (e.g., cellphone number; e-mail address)

·         At least one payment method (e.g., credit card or other accepted payment source).

To register for a HOPKID Junior Account, you must be between 8 years of age and 17 years (or the age just prior to the age of legal consent, if different from 17 years in your jurisdiction), and your account must be tied to an active, valid HOPKID Full Account.

HOPKID Junior Account holders will need to provide the following information:

·         Your name and address

·         Your contact information (e.g., cellphone number; e-mail address)

·         Year of birth for age

You further agree to maintain all of the above information (“HOPKID Account Information”) so that it is accurate, complete and up-to-date at all time. You may be asked for proof or other verification of the HOPKID Account Information in connection with your access to and use of the Services. Inaccurate or incomplete Service Account Information may result in your loss of access to and use of the Services.

You may register for a HOPKID Account here www.hopkid.ee

User Requirements

Holders of Full HOPKID Account must be at least 18 years of age (or the age of legal consent in your jurisdiction, if different than 18 years). Holders of HOPKID Junior Accounts must be between aged 8 and aged 17 (or just prior to the age of legal consent in your jurisdiction, if different from 17 years). HOPKID Full Account holders may arrange for use of the Services for persons at least 8 years of age without the accompaniment of a parent, guardian or other responsible adult. Holders of HOPKID Junior Accounts may not independently use HOPKID Full Accounts. Persons under the age of 8 years old may not use the Services unless accompanied by a parent, guardian or other responsible adult.

7. User Provided Materials

In connection with your access to and use of the Services or HOPKID Materials, you may be allowed from time to time to submit, upload, publish or otherwise provide to us certain information, content or other materials, such as text, audio, and/or visual content and information (“User Provided Materials”). Examples of such User Provided Materials include ratings, commentary, suggestions, testimonies, ideas and other feedback related to the Services and/or HOPKID Materials, technical or other support requests, and entries for competitions and other promotions. You agree to not provide any User Provided Materials that are defamatory, hateful, violent, obscene, pornographic, unlawful, or, in our sole judgment, offensive, whether or not such materials may be protected by law. HOPKID reserves the right, but does not undertake any responsibility, to review, monitor, and/or remove User Provided Materials, at our sole discretion and for any reason, including our convenience, without notice to you.

As between you and HOPKID, any User Provided Materials remain your property, subject only to the following license to us: You hereby grant to HOPKID, and HOPKID hereby accepts, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up license, with full rights to sublicense, to receive, make, use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Provided Materials in all formats and via all distribution methods, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

8. HOPKID Rules

To make effective use of the Services by it various users, we have established the HOPKID Rules set forth below.

There are several ways to utilize the Services to participate in a ride:

a.    as a HOPKID Full Account holder (“Account Holder”);

b.    as a passenger accompanying the Account Holder on a ride (“Other Passenger”);

c.     as a HOPKID Junior Account holder (“Jr. Account Holder”) (when participating in a ride, Account Holder, Other Passenger and Jr. Account Holder are referred to as “Passenger”); or

d.    as an Independent Services Provider (“Driver”).

e.    as a coach, teacher or chaperone receiving pickup instructions (“Supervisor”)

By participating in rides via the Services as a Passenger or Driver, you agree to abide by these HOPKID Policies.

Arranging for Rides (for Account Holders and Passengers).

For Account Holders - As an Account Holder or as Passenger authorized by an Account Holder, you can order a ride weeks in advance.

Simply provide the proposed date and time via an Application, and enter the Passenger details. Cancellations are subject to HOPKID ’s cancellation policy. Please read Delivery Terms and conditions, where you can find cancellation conditions.

After confirming your reservation via the Application, you can also communicate the details about the scheduled ride to any Passengers, including relevant details like the time, pick-up and drop-off locations, and the Driver’s name and vehicle type. As the pick-up time nears, HOPKID sends a friendly reminder to you and your Passengers about the scheduled ride. It is a good idea for the Account Holder’s and any Passenger’s mobile devices to be turned on at least 15 minutes prior to the scheduled ride pick-up time. We ask that you avoid cancelling any scheduled rides as a courtesy to the Driver(s).

Arranging for Rides (for Drivers)

As a Driver, you can accept proposed rides via the HOPKID Application. Details of proposed rides accepted by a Driver are communicated to that Driver prior to the scheduled pick-up time of the ride, including location, pick-up time and details about the Passenger(s). When you arrive at the pick-up location, please locate and greet your Passenger(s) after safely parking your vehicle. Please ensure that each Passenger uses a safety belt for the ride.

Drivers must:

·         Drive and otherwise operate his or her vehicle safely at all times.

·         Stay alert, monitor traffic and obey traffic laws at all times.

·         Transport only scheduled Passengers during rides.

·         When planning rides, use a GPS-enabled device to ensure the safest, most efficient and effective route for Passenger(s).

·         Only use GPS or your phone when the vehicle is not in motion.

·         Encourage Passengers to use safety restraints or belts.

·         Always keep your hands in the front half of the vehicle.

Drivers may chat with Passengers, but should not engage in topics that may potentially elicit private information about Passengers or Account Holder(s) or otherwise make any Passenger uncomfortable.

The Ride

·         Only Passengers listed on the initial reservation may join a ride.

·         A mobile device in rider’s possession is highly recommended but not required that (a) is capable of voice and SMS communication and (b) has been registered with HOPKID (e.g., as part of the Passenger’s contact information).

·         Passengers must always ride in the back seat of a vehicle.

·         Passengers must use seat belts during a ride and otherwise follow all applicable laws.

·         Pets are not allowed on a ride.

·         Passengers and Drivers are solely responsible for their own personal belongings. HOPKID shall not be responsible for any lost or stolen items.

·         Drivers must tap on ‘arrived’ on mobile phone when they arrive at pickup location and tap on ‘Picked up’ when rider sits in the car.

·         Driver must show picture pickup permission to the rider if any for safety purposes. Driver must not copy any of the information.

·         Parent can track the ride on map and also watch live video feed.

·         Passengers should use Driver’s vehicle with proper care and respect. Any damage to vehicles by Passengers may result in a charge of up to EUR 500. Drivers are encouraged to take photos of any such damages to assist in the documentation of same.

After the Ride

The Services allow for formal feedback from all ride participants about a Driver, including a Driver’s promptness, attitude, safety and vehicle quality. Excessive and/or consistent negative feedback about a Driver will be investigated and could result in the temporary or permanent suspension of that Driver.

The Services also allow Drivers to provide formal feedback about Passenger(s), including a Passenger’s promptness, attitude and other actions. Accumulation of an excessive and/or consistent level of negative feedback by a Passenger may be investigated and could result in the temporary or permanent suspension of that Passenger.

The Driver must tap on drop off button to inform the parent that the ride is complete. The parent can mark drivers as trusted or untrusted depending on the service provided by the Driver.

 

Driver Supplemental Terms  

These Driver Supplemental Terms of Service (the “Driver Terms”) are intended to supplement the Terms of Use for HopKid and apply to all Drivers authorized to use the HopKid Properties for the purpose of providing transportation services.

HopKid does not provide transportation services, and is not a transportation carrier.  HopKid’s business is solely limited to offering a tool for Account Holder and Drivers to connect for the purpose of transporting Riders, in exchange for which HopKid receives a contractually-agreed upon amount of the fee paid by Account Holder to the Drivers. 

 

By agreeing to these Terms, Driver represents he/she is in the independent business of providing transportation services, and understands and intends that to create the relationship between the parties under these Terms is solely that of independent contracting parties of principal and independent contractor and not that of employer and employee. Driver expressly agrees that (1) these Terms are not an employment agreement and do not create an employment relationship between Driver and HopKid; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by these Terms. Driver has no authority to bind HopKid, and Driver undertakes not to hold itself out as Driver is not an employee, agent, joint venturer, franchisee, affiliate, or partner or authorized representative of HopKid for any purpose.  In addition, for Drivers, a “Ride” will begin at the point the Driver indicates their departure for their first Ride and continue until the transportation service is completed after drop off for such Ride.

 

1.     Driver’s Obligations

In consideration for authorization to use the HopKid Services to arrange Rides, Driver represents and agrees that they will comply with the following contractual obligations:

a.       Driver must be at least 21 years of age, have a valid driver’s license and all other required licenses, certifications, permits, approvals and authority to provide independent transportation services to third parties in all jurisdictions in which Driver operates. To ensure Driver’s compliance with all legal requirements, Driver must provide written copies of all such licenses, permits and other legal prerequisites prior to the date any Rides are performed. Thereafter, Driver must submit to HopKid current copies of such licenses, permits, etc., as they are renewed.  To ensure all such permits and licenses remain current, HopKid shall, upon request, be entitled to review such licenses and permits from time to time.

b.       Driver must provide HopKid with proof of insurance in appropriate coverage amounts as described below.

c.        Driver must have a clean driving record.

d.       Drivers must have a clean criminal background.

e.       Driver shall consent to HopKid conducting a comprehensive background check and will provide all necessary information to HopKid so that the background check can be timely and accurately completed. HopKid may deny Driver access to the Services based on the results of the background check to the extent permitted by applicable law.

f.        Driver acknowledges they have fully read and accept the then-current HopKidRules. Drivers agree to adhere to the HopKidRules and the Terms, and all applicable laws and regulations governing the provision of transportation services in connection with any Rides arranged using the Services.

g.       Drivers may only use the vehicle(s) approved for use by HopKid (each an “Approved Vehicle”) for transporting Riders.

h.       Drivers must own, lease, or have all other necessary rights, permits, licenses and certifications to lawfully operate the Approved Vehicle(s), and the Approved Vehicle(s) must be in good operating condition and meet industry appearance and safety standards and all applicable statutory and state department of motor vehicle requirements.

i.         Driver must not make any misrepresentation about HopKid or the Services.  Drivers may not affirmatively solicit Account Holder or Riders for their own businesses, but are otherwise free to market their businesses, including while transporting Riders, as they see fit.

j.         Drivers must transport a Rider directly to the predetermined destination selected by the Account Holder.

k.       For security and identification purposes, to ensure the Rider is able to verify the Driver’s identity, Driver can wear the provided HopKid badge and display the parking-clock with HopKid logo on their cars while picking up and transporting Riders.  HopKid shall have no right to require Driver to display HopKid’s name, logo or colors on Driver’s vehicle(s) or to require that Driver wear a uniform or any other clothing displaying HopKid’s name, logo or colors, beyond what is necessary for security and identification purposes as expressly stated in these Terms or required by law. 

l.         Driver agrees that he/she shall maintain a professional appearance consistent with industry standards while transporting Riders.

m.     HopKid has a zero-tolerance policy with regard to illegal mobile device usage during Rides. 

n.       Driver must immediately notify HopKid and the appropriate Account Holder in the event of any delay or an emergency or other event that may threaten the health or safety of a Rider.  In the event that a Rider has a health emergency during the Ride, Driver must call 112 or drive the Rider to the nearest hospital, as appropriate, and then contact HopKid.

o.       Driver must have their current cell phone number listed on their account at all times.

p.       Driver shall comply with HopKid’s zero-tolerance policy against drug and alcohol use during Rides and against physical contact between Drivers and Riders.

q.       During a Ride, Driver will not interfere with the operation of the Application or disable the collection of location-based information from the Driver’s mobile device.

r.        Driver will be solely responsible for compliance with any applicable state or local, laws, rules, regulations governing driving and the provision of transportation services, including with respect to any limitations on driving hours and any requirements governing the condition of motor vehicles.

s.        Failure to comply with the foregoing shall constitute a material breach of the Terms.

 

2.   HopKid and Driver may be, or are, engaged in similar agreements with others.  Nothing in these Terms shall preclude HopKid from doing business with other independent transportation service providers, nor preclude Driver from entering into contracts similar to these Terms with any peer-to-peer, ridesharing, or lead generation providers. HopKid neither has nor reserves the right to restrict Driver from performing other transportation services for any company, business or individual, or from being engaged in any other occupation or business.  However, Driver shall not while these Terms are in effect, use his/her relationship with HopKid (or the information gained from use of the Services) to divert or attempt to divert any Account Holder or Riders from using the HopKid Properties to a company that provides services in competition with HopKid.  For safety reasons, during any Ride, Driver agrees not to run smartphone applications for other peer-to-peer, ridesharing or lead generation providers.

3.   Subject to the provisions of the Terms expressly set forth herein, Driver shall be solely responsible for determining how to perform the Rides arranged using the Services. Drivers agree to fully perform Rides in a timely, efficient and safe manner and in accordance with all Account Holder and Rider specifications. 

4.   Except as specifically set forth in these Terms, Driver is solely responsible for all costs and expenses incident to Driver performing Rides under these Terms, including, but not limited to, costs of fuel, fuel taxes, wages, employment taxes, excise taxes, permits of all types, gross revenue taxes, road taxes, equipment use fees and taxes, licensing, insurance coverage, unemployment insurance and workers’ compensation contributions, and any other tax, fine or fee imposed or assessed against the equipment or you by any state, local authority as a result of an action by Driver or Driver’s personnel in the performance of Rides pursuant to these Terms. Failure to comply with these the foregoing shall constitute a material breach of the Terms.

5.   Ride Contracts. After registering your Account, you will be able to view, through the Service, rides that Account Holder have requested in your approximate geographic region or another region you select. HopKid does not guarantee that any Driver will receive any minimum number of Ride offers. From time to time, you may also receive notifications via text, email or the Service from HopKid indicating a Ride opportunity. This notification will include general information about the desired Ride, such as the neighbourhoods of the pick-up and drop-off locations and an estimate of the applicable Ride Fees. Other Drivers may also receive such notifications.

6.   The provision of Rides involves a direct contractual relationship between an Arranger and a Driver, and Account Holder and Drivers agree that they will contract directly with one another for the provision of Rides. You, and (if applicable) on behalf of your Rider acknowledge and agree that this contractual relationship is formed when a Driver agrees to provide a Ride through the Services. In such instance, subject to the Driver’s and Arranger’s right to cancel such Ride during the cancellation period described in the Delivery Terms and Conditions, the Arranger agrees to pay for and the Driver agrees to perform, the Ride in accordance with the following terms and agreements: (1) these Terms, (2) the Delivery Terms and Conditions, (3) the Ride Description, and (4) the Ride Fees (collectively, a “Ride Contract”). You also agree with, and that each of your Ride Contracts will include, without limitation, the following terms:

     Driver shall perform Rides for Account Holder and Riders in a timely, professional and workman-like manner, in accordance with the applicable Ride Description, the HopKidRules and generally accepted industry standards.

     Upon the completion of the Ride, Arranger is responsible for and shall pay any and all applicable Ride Fees.

     Driver acknowledges that HopKid does not, in any way, direct or control Driver’s provision of Rides to Account Holder or Riders.

     Driver agrees to indemnify, hold harmless and defend HopKid from any and all claims arising out of or related to their Ride Contract, including but not limited to claims arising out of the provision of Rides by Driver to Riders.

 

7.   Fees. Driver shall be entitled to a fee for each completed Ride provided as a result of Driver’s use of the Services, as if further described in the Delivery Terms and Conditions, Driver also agrees to pay HopKid a fee for arranging the Ride

8.   Insurance

     Drivers must possess insurance in all types of coverage and amounts required by law to provide the transportation services described in these Terms.

     Driver must have a valid policy of liability insurance (in coverage amounts equal to or greater than all applicable legal requirements) covering the operation of the Approved Vehicle(s) to cover any anticipated losses related to such Driver’s provision of Rides to Riders.  Driver must provide proof of insurance to HopKid before participating in the Services.

     HopKid shall maintain all insurance it is required by law to maintain in connection with the Rides arranged using the Services.

     Industrial Injury Insurance.  Driver shall be responsible for maintaining appropriate industrial injury insurance to the extent required by law.  If permitted by law, Driver may choose to insure Driver and any personnel against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance.

     Failure to comply with these insurance requirements shall constitute a material breach of the Terms.

 

9. Dispute Resolution. MANDATORY AND EXCLUSIVE ARBITRATION:  HopKid and Driver mutually agree to resolve any justiciable disputes between them exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration agreement shall apply to any and all claims arising out of or relating to the Terms or these Driver Terms, Driver’s classification as an independent contractor, Driver’s provision of Rides under the Terms or these Driver Terms (including any Rides provided by Driver’s personnel), the payments received by Driver and/or its personnel for providing Rides under the Terms or these Driver Terms, the termination of the terms or these Driver Terms, and all other aspects of Driver’s relationship with HopKid, past or present, whether arising under state or local statutory and/or common law.

If you are interested in becoming a Driver that can use the Services as an Independent Service Provider, please visit our site www.hopkid.ee

 

Account Holder Supplemental Terms 

These Account Holder Supplemental Terms of Service (the “Account Holder Terms”) are intended to supplement the Terms of Use for HopKid and apply to all Account Holder using the HopKid Properties in their capacity as Account Holder.

 

1.     Requirement for Account Holder

a.     If you are an Account Holder, you must fully and accurately complete the account creation form (the “Account Creation Form”), and immediately update the Account Creation Form if there are any changes to this information.

b.     Account Holder must ensure that the Rider is familiar with and follows all applicable rules and guidelines set forth in these Terms and the HopKidRules.

c.     Account Holder will inform HopKid regarding any health concerns or any specific instructions regarding the pickup or drop-off of the Rider for communication to the Driver.

d.     Account Holder will have and maintain all necessary permissions to enable Driver to pick up Rider from the applicable pickup location and drop-off Rider at the applicable destination.

e.     We reserve the right to refuse any potential Account Holder or to suspend or terminate any Account Holder approved status at any time, for any reason or no reason.

f.      Account Holder will ensure that all Riders: (1) comply with all HopKidRules; and (2) are available at the designated place promptly at the scheduled pick-up time and in the exact location noted on any specific instructions provided by the Account Holder. Drivers will wait 5 minutes after the scheduled pickup time before contacting HopKid for more information. In no event shall a Driver be required to wait more than 15 minutes for a Rider.

g.     We reserve the right to refuse any potential Account Holder or Rider or to suspend or terminate any Account Holder’s or Rider’s eligibility to obtain Rides at any time, for any reason or no reason.

 

2.       How to Arrange a Ride. Account Holders shall arrange Rides for Riders through the Site or Application. Account Holders will provide the necessary descriptive information for the desired Ride through the Service, including, without limitation, (i) the Rider(s) who will be participating in the ride, (ii) the pick-up and drop-off locations, and (iii) the desired pick-up time or drop-off time, and date (collectively, the “Ride Description”). Account Holder will input their requests prior to any given Ride and Driver accept the request if she/he is available. ALL RIDES MUST BE CONFIRMED BY A DRIVER. Account Holder will be presented with an estimation of applicable “Ride Fees” (as such term is defined in the Delivery Terms and Conditions) before you confirm your request. You represent and warrant that you have the necessary rights to schedule a Ride on behalf of your Rider.

3.       Ride Contracts. The provision of Rides involves a direct contractual relationship between an Account Holder and a Driver, and Account Holder and Drivers agree that they will contract directly with one another for the provision of Rides. You, and (if applicable) on behalf of your Rider acknowledge and agree that this contractual relationship is formed when a Driver agrees to provide a Ride through the Services. In such instance, subject to the Driver’s and Account Holder right to cancel such Ride during the cancellation period, the Account Holder agrees to pay for and the Driver agrees to perform, the Ride in accordance with the following terms and agreements: (1) the Purchase Terms and Conditions, (2) the Delivery Terms and Conditions (3) the Privacy Policy, and (4) the Refund Policy (collectively, a “Ride Contract”).

4.       Upon the completion of the Ride, Account Holder is responsible for and shall pay the applicable Ride Fees (Delivery Terms and Conditions).

5.       The intermediation of credit card payments in the HopKid app is carried out through Cardinity pursuant to the following conditions https://cardinity.com

 

9. Disclaimer, Limitation of Liability and Release

YOUR USE OF HOPKID‘S SERVICES AND SITE IS AT YOUR SOLE RISK.

HOPKID SERVICES AND SIDE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOPKID DISCLAIM ALL WARRANTIES OF ANY KIND, WEHTHER EXPRESS OR IMPLIED, INCLUING WITHOUT LIMITATION, THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, HOPKID SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF HOPKID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOPKID SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF HOPKID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOPKID SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HOPKIDREASONABLE CONTROL. YOU ACKNOWLEDGE IN NO EVENT SHALL HOPKIDTOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED EUR 1,000.

YOU HEREBY RELEASE HOPKID FROM CLAIMS, DEMAND ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE THAT IS EITEHR DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM: (i) YOUR USE OF THE SERVICES OR SITE, OR (ii)ANY TRANSPORTATION SERVICES ARRANGED AS A RESULT OF YOUR ACTIVITIES THROUGH THE HOPKID SITE.

THE LIMITATIONS AND DISCLAIMER IN THIS CLAUSE 10 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER LAW.

YOU AGREE TO INDEMNIFY HOPKID, ON DEMAND, AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY, COST, CHARGE, EXPENSE OR PAYMENT WHICH HOPKID MAY PAY, SUFFER, INCUR OR ARE LIABLE FOR, IN RELATION TO ANY ACT YOU DO OR CASE TO BE DONE IN BREACH OF THESE TERMS.

10. Governing Law and Jurisdiction

This Terms and Conditions Agreement and any disputes arising under or related to this Terms and Conditions Agreement, the Services, the HOPKID Materials, our Privacy Policy and/or any Additional Terms shall be governed by the laws of the Republic of Estonia without reference to its conflict of law principles. You agree to submit to the exclusive personal jurisdiction and venue of the courts located within Republic of Estonia for any legal proceeding arising from same, regardless of the cause of action or which party has initiated the legal proceeding.

11.Claims of Copyright Infringement

HOPKID values its intellectual property and respects the intellectual property rights of others. Please report claims of copyright infringement to the following: contact@hopkid.ee

12.For More Information

If you have any questions regarding our Terms and Conditions Agreement, please contact us at the following:

E-MAIL: CONTACT@HOPKID.EE

ADDRESS: HOPKID OÜ, Estonia, Harku vald 76912, Harkujärve küla, Oja tee 1-2

Updated: (December 2017)