Terms and Conditions for Gibraltar

Please read all terms of this Agreement (defined below) carefully and ensure that you have fully read and understood the terms and effect of this Agreement. This Agreement contains the legally binding terms for your use of the Services (defined below) and should be read alongside the Additional Terms (defined below) and Privacy Policy. By using our Services (including but not limited to using our App (defined below), Products (defined below), creating an account), you automatically agree to and shall comply with these terms, and you warrant and represent that you are of sufficient legal age and of at least 17 years old to enter into this Agreement. You further warrant and represent that all the information that you have provided to Us is true, accurate and complete. If you disagree with any term of this Agreement, you must immediately stop and not use the Services. 

You must, and herby agree to, (i) wear the helmet at all times when using the Product, which must be properly fitted, adjusted and fastened, and in accordance with local regulatory requirements in Gibraltar and (ii) complete the onboarding slides provided within the App and understand the user instructions relating to the Product that you will be using.

Please read clause 5 (Limited Liability of Hoppy, Acceptance of Risk by You), clause 6 (Suspension and Termination), clause 8.16 (Indemnity) and clause 8.17 (Release) carefully which contains, amongst other things, a legal release of your rights, limitations of liability and assumption of risk as set out in those clauses.

This User Agreement and Terms & Conditions (collectively the “Agreement”) is a legally binding agreement between you (“You”, “Your” or “User”) and Hoppy Mobility Limited (“Hoppy”, “We”, “Us” or “Our”), a Gibraltar company with its registered office at Suite 23 Portland House, Glacis Road, Gibraltar with company number 123042.

The terms of this Agreement (including any additional terms incorporated by reference herein) govern Your use of Our Services and Products and We hereby grant You permission to use the Products subject to the conditions of this Agreement.

Please note that the cities other than Gibraltar in which you use our services may also have additional and/or different terms that you should be aware of when using our services in other jurisdictions.

1 RENTAL AND USE OF PRODUCTS.

1.1. Definition of Services, Products and App.  Our services consist of the following:

• Our electric bicycles and electric scooters are collectively referred to as the “Products” and each referred to as a “Product”.
• All other related equipment of Hoppy, maintenance, charging of the Products, personnel, mobile applications, other software and information that We provide or make available from time to time.
• The use of Our website, accessible at the address www.behoppy.eu (including versions optimized for viewing on a wireless device or tablet), Our mobile application (the “App”) and any interactive features and/or other services.

(together, the “Services”)

1.2 You are the sole user of the Services: You expressly represent and warrant that You are the sole lessee and user and are responsible for compliance with all terms of this Agreement.

1.3. You are at least 17 years old: You represent and warrant that You are at least 17 years old. The control and use of Products by any person under the age of 17 is expressly prohibited. Any violations  may result in an additional charge of £50 which will be in addition to any other amounts (including any fine charged by any law enforcement agency which you hereby agree and accept full responsibility and liability for) payable to Hoppy under this Agreement.

1.4. You are a competent driver: You represent and warrant that You are familiar with the operation of the Product and that You are sufficiently competent and physically capable to operate the Product. By choosing to drive a Product, You assume all liability and risks associated with injuries and/or medical conditions as further explained below. You have the responsibility to determine whether conditions such as rain, snow, hail, ice, thunderstorms and/or other conditions, whether caused by weather or otherwise, make it hazardous to drive a Product. We advise You to adapt Your driving and braking according to the conditions and variables, such as weather and traffic conditions.

1.5. The Products are the exclusive property of Hoppy: You agree that the Products, and all associated equipment of Hoppy, shall at all times remain the exclusive property of Hoppy. You may not disassemble, deface or otherwise modify, repair, remove or damage in any way any Product, or any part of any Product, or any of Hoppy’s other equipment. You must not write on, remove, or in any way alter or damage the stickers present on Products. You must not use any Product for commercial or advertising purposes. Any infringement of these conditions may result in an additional charge of £100 which shall be in addition to any other amounts payable to Hoppy under this Agreement.

1.6. Use Products only in areas where they are permitted: You expressly represent and warrant that You will only use the Products in areas where it is permitted in Gibraltar only. You declare that You will not use the Products in prohibited areas (including but not limited to Spain) (as outlined in the App) and You accept full responsibility and liability for the use of any Product in a prohibited area, including fines and costs resulting from Your use of a Product in a prohibited area. Hoppy reserves the right to automatically charge You up to £50 if You use any Product in a prohibited area. If You leave the Products outside of the permitted area, Hoppy shall reserve the right to charge You £100 for collection costs at Hoppy’s sole discretion and which shall be in addition to any other amounts payable to Hoppy under this Agreement.

1.7. Comply with all laws: 

• 1.7.1. You agree to comply with all laws, rules, regulations and/or ordinances in Gibraltar from time to time concerning the use, operation and/or control of any of the Services (including the Products) including, without limitation, the requirement to wear a helmet. You also agree to comply with all applicable traffic laws and other regulations when using our Products.
• 1.7.2. You understand that You are fully responsible and liable for any violations of laws, rules, regulations and/or ordinances while using the Services, including improper driving and/or improper parking.
• 1.7.3. Save where, and to the extent that, you are covered by Our insurance policy under clause 5.1.2, You agree that You are fully responsible and liable for all consequences, claims, demands, charges, losses, obligations, damages, injuries, costs and expenses, fines, attorneys’ fees, judgments, fees (including fees for seizure charged by any local government) and/or expenditures of any kind, foreseeable or unforeseeable and known or unknown, resulting from Your use of any of the Services.

1.8. Payment of Fines and Fees: You agree to pay any and all (monetary) fines, fees, seizure expenses and/or other costs incurred by Hoppy due to inappropriately parking a Product or Your violation of any law, rule, regulation and/or ordinance while using the Services. If such costs are incurred by Hoppy, We may also charge at our discretion an administration fee of £50 and any additional costs reasonably incurred by us for handling the payment of such costs on your behalf. You hereby expressly agree and confirm that this payment will be made by Hoppy by a deduction from the Card (as defined below) or, alternatively at the discretion of Hoppy, you agree to pay within 14 days of the sending of an invoice to You. If this payment is not met, Hoppy reserves the right to appoint a bailiff or take any such further action that it wishes. All additional costs for collecting these amounts will be charged to You which shall be in addition to any other amounts payable to Hoppy under this Agreement.

1.9. Prohibited Conduct: You expressly represent and warrant that You will not do any the following:

• 1.9.1. Operating a Product in violation of one or more laws, rules, regulations and/or ordinances, including the rules regarding driving and/or parking Products on sidewalks.
• 1.9.2. Drive a Product while carrying a briefcase, backpack, purse or other object that interferes with Your ability to drive the Product safely.
• 1.9.3. Use a mobile phone, text messaging device, portable music player and/or other device that may distract You from the safe use of a Product.
• 1.9.4. Drive a Product while under the influence of alcohol, drugs, medicines and/or other substances that may impair Your ability to drive a Product.
• 1.9.5. Transporting another person on any Product.
• 19.6. Use locking mechanisms other than those provided by Hoppy.
• 1.9.7. Parking a Product in a manner that is not in full compliance with all applicable laws, rules, regulations and/or ordinances. You expressly agree that it is Your responsibility to be familiar with all applicable laws, rules and/or regulations at the location where You operate a Product.
• 1.9.8. Parking or placing a Product in such a way that Hoppy cannot access it. If you breach this paragraph, Hoppy may charge You up to £100, at Our sole discretion for the loss suffered by Hoppy due to Hoppy’s inability to access the Product and thus rent it to other Users.

1.10. Parking: Without prejudice to clause 1.8 of this Agreement, You must park the Products in the designated parking areas (as on the map shown on the App) and in a manner which is permitted by law and does not block building entrances or interfere with the use of public streets and pedestrianised areas, or traffic and that allows us to access the Product at all times.

1.11. Geofencing: The Products use geofencing technology, which allows the Products to identify the “no ride” zones as delimited on the map found on the App (the “No Ride Zones”). You hereby agree not to access the No Ride Zones and understand that the Products will automatically stop working if you attempt to use the Products within the No Ride Zones.

1.12. Products are intended for a limited number of uses: You agree not to use any Product for races, mountain rides, stunts or tricks. You agree that You will not drive and/or use any Product on unpaved roads, through water (or puddles) (except in the context of ordinary city driving) or in locations where its use would be illegal, prohibited and/or a nuisance to others. You agree that You will not use any Product for hire or in exchange for a benefit, nor use any Service (including any Product) in violation of any law, rule, regulation and/or ordinance.

1.13. Weight and Loading Limitations: You may not exceed the weight limit for Our Products. The maximum weight limit for Our e-bikes is 110kg and 100kg for Our e-scooters and the load limit of the luggage carrier/basket (7 kg) on any Product. You must also not otherwise misuse the rack in relation to the type of contents or any visual obstruction or impediment to movement. You acknowledge that the front carrier/basket and/or rear basket of any Product is intended for light goods only and that You will not transport any person or animal on any Product.

1.14. No Tampering: You may not tamper with the Services, attempt to gain unauthorized access to the Services, or use the Services in any way that violates this Agreement.

1.15. Reporting of Damages and Collisions: You must report accidents, collisions, any damage, theft, personal injury and loss of a Product to Hoppy as soon as reasonably possible. If personal injury or property damage has occurred as a result of a collision, or if a Product has been stolen, You must also report it to the Royal Gibraltar Police within 24 hours.

1.16. You are responsible for damage to Products: You agree to return each Product to Hoppy in the condition in which the Product was rented to You. You acknowledge that You are responsible for the cost of repair and/or replacement of any Product that You damage and/or cause damage to. You are not responsible for normal wear and tear of the Products. If You destroy a Product, You are liable up to £1,720 for each Hoppy bicycle and up to £1,290 for each Hoppy scooter, at Hoppy’s sole discretion.

1.17. Driving Safely and Carefully, and the Battery of each Product: Products can only function if the battery is charged regularly. You warrant and agree to use and drive Products safely and carefully and to comply with all restrictions and requirements associated with Products, as set forth in all applicable laws, rules, regulations and/or ordinances. You understand and agree to the following:

• 1.17.1 The charge level of the Product decreases with use of the Product (depending on both time and distance). As the charge level decreases, the speed and other functions of the Product may also decrease (or fail completely).
• 1.17.2. The charge level of the Product at the time You begin renting or using the Product is not guaranteed and varies from time to time.
• 1.17.3. The rate at which the charge level decreases during use of the Product is not guaranteed and varies depending on the Product, traffic conditions, weather conditions and/or other factors.
• 1.17.4. It is Your responsibility to check the charge level of the Product and verify that it is sufficient for the trip before You begin using the Product.
• 1.17.5. Hoppy makes no guarantees as to the distance and/or time of use of a Product before the battery is completely exhausted. It is possible that the battery of the Product at any time during the rental session of the Product is exhausted and the Product no longer functions, even if You have not yet reached the desired destination.

2 SAFETY

2.1. Safety Check:

• 2.1.1. You agree not to use the Product if there are noticeable and material problems and to notify Hoppy’s customer service immediately of any problem. You agree to perform a basic safety check on the Product before using it, namely:
  • performing a check on its general condition (wheels, tires, etc.) and any sign of damage.
  • check if the brakes and lights are working.
  • check that the battery is working and has at least 3 bars of charge.

• 2.1.2.If before, during or after the use of a Product You discover any defect or other potential unsafe problem in a Product, however slight, You must not use the Product and, if You are already using the Product, You must stop using it as soon as it is safe to do so.
• 2.1.3.You agree to report the defect or other potential unsafe problem immediately to Hoppy.
• 2.1.4. You hereby agree that, prior to using the Products, you will have undergone and completed the onboarding slides provided within the App and that you will understand the user instructions relating to each Product that you will be using.
• 2.1.4. If you don’t report any of the issues under this clause 2.1, Hoppy reserves the right to attribute them to You, and hold you responsible for any associated costs without prejudice to any other breaches of this Agreement by You.

2.2. Loss or Theft of Products: If a Product is not returned within 24 hours, Hoppy may, in its sole discretion, consider the Product lost or stolen and file a report or complaint against You with the local authorities including the Royal Gibraltar Police. The data generated by the Services’ computer is conclusive evidence of the period of use of the Products by You. You must report the disappearance or theft of any Product to Hoppy immediately or, if not possible, as soon as reasonably possible thereafter.

2.3. Helmets Safety: You agree to the use of a helmet bearing the British or EU Standard EN 1078:2012+ A1: 2012 (and marked with the British “Kitemark” or EU Standard), which is attached to each e-scooter/bicycle and you hereby agree to wear the helmet at all times in accordance with local regulatory requirements in Gibraltar.

• 2.3.1. The helmet must be properly fitted and properly adjusted and fastened.
• 2.3.2. You expressly acknowledge and understand the wearing of protective headgear as stated in this clause 2.3 of this Agreement is a requirement under Gibraltar law and failing to comply with this legal requirement may result in a level 3 fine on the standard scale, being a £1,000 fine or such other amount(s) prescribed by law.
• 2.3.3. You expressly acknowledge and agree that You may be required to take additional safety or precautionary measures not described in this Agreement, and You expressly acknowledge and agree that it is Your responsibility to determine whether You are required to do so. Hoppy bears no responsibility for this.

2.4. Routes: You agree that Hoppy does not provide or maintain places where the Products can be ridden, and that Hoppy cannot guarantee that there will always be a place where You can safely ride a particular Product. Roads, bike paths and other routes may become dangerous due to weather conditions, traffic and/or other hazards beyond Hoppy’s control. Hoppy holds no responsibility for any of the aforementioned. There is no limitation to this. You are fully responsible for choosing a responsible and safe route. When choosing a route, You must always abide by local laws, rules, regulations and/or ordinances, and it is Your sole responsibility to be familiar with the applicable laws, rules, regulations and/or ordinances of Gibraltar where You use Hoppy’s Services and/or Products.

2.5. Restrictions regarding rental: You acknowledge that Hoppy is not a public transportation company. There are other public and private means of transportation available to the general public and to You as an individual. Hoppy makes the Services and Products available solely for Your convenience, and the rental offer is intended only for individuals who are capable to independently drive the Products and have agreed to all of the terms and conditions of this Agreement.

3 PAYMENT AND RENTAL COSTS

3.1. Rental Charges: You may use the Products on a ride fee basis or otherwise, in accordance with the fees described in the App. After You have registered and opened an account with Us, You can use a Product by clicking on the desired payment method and then following the instructions on the screen. You can check and correct the information You entered until You pay by clicking on the “Pay” button or agree to an obligation to pay for the Products or subscription. Rates are exclusive of taxes (such as indirect taxes). Hoppy will charge the fees, amounts and charges described in this Agreement via Your credit or debit card (collectively referred to as Your “Card”) or other agreed upon payment method. After You have paid for the Products or subscription, You will receive an order confirmation by email. At that moment the contract between You and Us is concluded (“Confirmation”) for that relevant Product or subscription.

3.2. Discount Codes: Discount Codes (“Discounts”) are one-time offers that can only be utilized through the App. Hoppy reserves the right to change or cancel Discounts at any time. Rebates are limited to one per customer and per account and cannot be combined with other promotions. Discounts are non-transferable and may not be resold.

3.3. Maximum rental period and rental costs: The maximum rental period is 24 hours. You declare that You will terminate the rental of the Product no more than 24 hours after the start of the rental period. You may then rent again. You agree that You are responsible for monitoring the elapsed time in order to lock the Product in a timely manner. The rental fee for any one Product is a maximum of £361 based on a 24 hour rental period. Upon return of the Product, You will be charged for the accumulated rental cost or the maximum 24 hour rental charge, whichever is the lower. Products not returned within 24 hours (i.e. the Product is locked and the ride terminated) will be deemed lost or stolen. In this case, You may be charged up to £1,720 for each of Our e-bikes and up to £1,290 for each of Our e-scooters and a report or complaint may be made against You to the police. We may also at our discretion charge a service fee of £25 if the rental period is longer than 24 hours and the Product is not considered lost or stolen.

3.4. Valid credit or debit card: You must enter a valid Card number and expiry date before You can be registered to use the Services. You certify that You have the legal right and are authorized to use the specified Card(s). You authorize Hoppy to charge all charges incurred by You and any additional charges via the Card. If You disagree with a payment that has been collected through Your Card, You must contact Hoppy as soon as possible and provide all trip details necessary to determine which payment is involved, such as the date of the trip and the start and end time of the rental period. You promise to inform Hoppy immediately of any changes regarding Your Card. A note on Fraud: We take attempts and successful fraud actions seriously, both for Hoppy and Your protection. If we suspect that any information you have provided is inaccurate, incomplete or fraudulent, we may suspend or terminate your account at our sole discretion. During such period, you will lose access to some or all of our Services, either temporarily or permanently.

3.5. Retrieval Charges: If You are unable to return a Product to a valid area (e.g. because You deactivate the Product in a private area, a private community and/or in another inaccessible place) and wish the Product to be retrieved by Hoppy, We may, at Our discretion, charge You a retrieval fee of up to £100. If a Product accessed through Your account is left without notice, You are responsible for all costs until the Product is found and deactivated. In addition, You shall pay a service fee of £150 to retrieve the Product. Hoppy may change the above amounts at its sole discretion and without notice to You.

3.6. Cancellation: Normally, You will have the right to cancel a contract within 14 days of Us sending You a Confirmation. However, You expressly acknowledge and agree that if You use the Products within this 14 day period, whether You pay for the Products per ride or on a subscription basis, You will not have the right to change Your mind and cancel the contract (or claim a refund) unless you terminate under clause 4.4 of this Agreement. If You cancel before using any Product and within the 14 day period, the amount You paid for the Service will be refunded to You in full in accordance with our refund policy (see below). If You wish to exercise Your right of withdrawal, please send us an unequivocal notice by email to support@behoppy.eu or via the chat box on the App informing us of Your decision to withdraw from the Agreement.

3.7. Refunds: If You cancel a payment within the 14-day cooling off period described in clause 3.6 above, the amount payable to You will be refunded as soon as possible (but in any event within 14 days of Us receiving your notice of cancellation in accordance with clause 3.6). If You have taken advantage of any promotion or other discount when making Your payment, only the amount You actually paid will be refunded to You. Refunds will be made via the payment method You used for Your purchase, unless otherwise agreed with Us.

3.8. Administrative Fee for Refunds: When requesting a refund to your bank account, an administrative fee of £3 will be charged. These fees cover the administrative processing and transaction costs associated with the refund. Please note that these charges apply only to reimbursements made to your bank account and do not apply when using your Hoppy wallet for our services.

3.9 Amounts in British Pound Sterling. Unless otherwise specified, monetary amounts mentioned in this Agreement are in British Pounds Sterling.

3.10 Automatic Top-Up: By using our Services, you agree to the automatic top-up feature. This means that when your balance falls below a certain threshold, your account will be automatically recharged using the payment method linked to your account. You will be notified of each top-up transaction. If you do not agree to the automatic top-up feature, you must disable it in your account settings.

4 CONDITIONS GOVERNING SUBSCRIPTIONS AND AUTOMATIC RENEWAL.

4.1. General Provisions: To purchase and use subscriptions offered through the Services, You must be at least seventeen (17) years of age . Before You purchase and/or rent Products or Services, You must provide Us with a valid Card and related payment information, including all of the following: (i) Your name as appears on the Card, (ii) Your Card Number, (iii) the type of Card, (iv) the expiration date, and (v) any activation numbers or codes required to load Your Card or use a valid gift card. By providing these details to Us or Our credit card processor, You authorise Us and/or Our processor to charge the amount payable to Your Card at a time of Our choosing, but in any event within thirty (30) days of authorisation of Your Card. For each Product subscription that You order through the Services, You agree to pay the rate set forth in the App (including VAT and surcharges) at the time You subscribe. Hoppy will automatically collect the subscription fee through Your Card or other payment method specified during the registration process. We may offer various subscriptions, including special promotional subscriptions and memberships with different terms and restrictions. Terms and conditions that differ materially from those in this Agreement will be presented to You for acceptance when You register or in other communications sent to You. Some promotional subscriptions may be offered by third parties in conjunction with their own products and services. We are not responsible for the products and services of such third parties. We have the right at Our discretion to change, terminate or otherwise modify the subscriptions offered by Us.

4.2. Duration and Termination of Your Subscription: Your subscription starts on the date You purchase it, unless it is a free trial. Your subscription will remain in full force and effect for the subscription period You have specifically chosen or for one month (30 days). At the end of this period, the subscription will automatically cease unless You choose to renew it manually. By specifying Your payment method when You subscribe, You agree to pay a subscription fee (and any taxes and service fees, collectively referred to as the “Fee”). We will continue to collect this Fee at the then current rate unless You cancel before the end of the current Subscription Period. The Fee will be automatically collected at the beginning of Your Subscription Period, using the payment method originally specified, and at the beginning of each subsequent Subscription Period on the calendar day corresponding to the start date of Your current Subscription Period, unless You cancel Your subscription or Your account is suspended or terminated under this Agreement. If You cancel a subscription midway through the Subscription Period, You will not be entitled to a refund for the remaining, unused portion of that Subscription Period.

4.3. Modification of the Fee: Hoppy reserves the right to modify the Fee or its billing methods at any time. In this case You will be informed in advance and, by no less than, 14 days of the fee change or the change in billing methods will be taking effect. In the event of a price change, Hoppy will list the new prices on the Services and You will be notified in advance via email to the email address provided. You agree that We may change Our prices, billing methods or the details of Your subscriptions by notifying You via electronic communication. If You do not accept a price or subscription change or a change to the billing methods that We have made, You may cancel Your subscription before the changes take effect, as explained below in clause 4.4. In the case of cancellation under this clause 4.3, the advance payment You have already made will be refunded to You on a pro rata basis, based on the unexpired portion of the then current Subscription Period. If You do not cancel your subscription, You hereby confirm that you will agree to, and be deemed to have agreed to, the price/subscription/billing method change and authorize Hoppy to collect the new Fee through Your payment method.

4.4. Cancellation of Your Subscription: You may cancel Your subscription at any time by sending Hoppy notice by email to support@behoppy.eu or via the chat box on the App informing us of Your decision to cancel your subscription. You can also cancel Your subscription as follows: open ‘Your Portfolio’ in the App, click ‘Manage’ and then ‘Cancel Subscription’. You will not receive a refund or credit for partial months. If You cancel Your subscription, You may continue to use the Services until Your current Subscription Period ends. Thereafter, You will no longer have access to the subscriber-only features/areas of the Services. This includes balances and other data and analytics that were visible during Your Subscription Period.

4.5. Termination and Suspension by Us: Without prejudice to the termination and suspension provisions under clause 6, Hoppy also has the right to terminate this Agreement and suspend Your access to the subscription by giving at least thirty (30) days written notice to You via email with or without cause. You will no longer be charged for use of the subscription once that notice period has expired. Upon expiration or termination of this Agreement for any reason, Your right to access and use of the subscription will lapse. You agree that if We terminate Your rental of Products and/or Your subscription, You will have no rights other than one of the following: (a) We will pay an amount to Your Card account for the amount You have already paid for the Products or subscription but have not yet been able to use provided always that  you made an advance payment through Your Card, or (b) We will charge nothing to Your Card provided that you have not breached any terms of this Agreement or unless, any amount is payable to Us in accordance with the terms of this Agreement.

4.6. Free Trial/Discounted Subscriptions: We may offer trial subscriptions that allow You to use the Services for a limited time for free or at a discount. Please note that when You sign up for a free trial, You are required to provide Your Card number and Hoppy will verify that Your Card is valid. When we process Your Card, some credit card companies may temporarily block Your account for Your first payment. Please contact Your Card Company if You have any questions. Please note that we do not offer price protection or refunds on price drops or other discount offers. Once Your free trial ends, We or a third party payment processor will begin regularly collecting Your subscription fees through the payment method You specify, unless You cancel Your subscription prior to the end of the free trial period. Once Your free trial ends and Your paid subscription begins, Your subscription will automatically renew and We will charge You for each renewal until You cancel Your subscription in accordance with clause 4.4 of this Agreement. Please see above for instructions on how to cancel Your subscription. Please note that You will not receive notification that Your free trial has ended or that Your paid subscription has begun.

4.7. Availability of Products and Services: The purchase and/or rental of Products and/or Services is subject to availability. You therefore accept that Products and/or Services displayed through the Services may not always be available in the area where You live or in Gibraltar or may be replaced or discontinued at any time.

4.8. Account Registration and Security: You understand that You must create an account to access the Services. You promise to: (a) provide true, accurate, current, and complete information about Yourself on the registration or enrolment page of the Services (such information being referred to as the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is false, inaccurate, not current or incomplete, or if Hoppy has good reason to suspect that the information is false, inaccurate, not current or incomplete, Hoppy has the right to suspend or terminate Your account in accordance with clause 4.5 or clause 6 and refuse any and all current or future use of the Services by You, in whole or in part. You are fully responsible for the security and confidentiality of Your password and account. Further, You are entirely responsible for all activities that occur on Your account. You may not share Your account information or Your username and password with any third party or allow any third party to use Your account information to log into the Services. You promise to immediately notify Us of any unauthorized use of Your account or any other security breach of which You become aware of. You have the responsibility to take the precautions and security measures best suited to Your situation and Your intended use of the Services. Please note that anyone who has facial recognition access and/ or knows your app password and can provide Your personal information will have access to Your account. You must therefore take reasonable measures to protect this information.

5 LIMITED LIABILITY OF HOPPY, ACCEPTANCE OF RISK BY YOU.

5.1. Limitation of Liability: Nothing in these terms and conditions shall limit or exclude Our liability to You:

• 1.1 for death or personal injury resulting from Our negligence,
• 1.2 for fraud,
• 1.3 for any other liability which may not be limited or excluded by law.

5.1.1 Hoppy does not assume any responsibility and will not be held liable for any damages to, or any viruses that may infect your computer, phone or other property caused by or arising from your access to, use of, or browsing of the Services, or your downloading of any information or materials from the Services. Under no circumstances, will Hoppy or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of the Services, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages including, without limitation, those resulting from lost profits, lost data or business interruption arising out of the use, inability to use, or the results of use of the Services, or the materials, information to Services contained on any or all of the Service, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.

5.1.2

• 5.1.2.1 Our Products are machines which carry an inherent risk with using them, including any sort of malfunction no matter how well they are maintained. These risks are not always obvious and they may cause property damage, injury or even death to you or others. Save where, and to the extent that, You are covered by our insurance policy under clause 5.1.2, you agree that by using Our Services in the event that any problem arises from the Services or any information contained in any of the Service, you agree that your sole remedy is to cease using the Service.
• 5.1.2.2 Hoppy  does not assume any responsibility, and will not be liable for any damages, losses and causes of action whether in contract, tort (including but not limited to acts of negligence), statute or otherwise (including without limitation claims for or relating to any accident, personal injury, property damage that you may suffer as a result of using our Services) save where, and to the extent that, You are covered by Our insurance policy. Damages beyond the limits of Our insurance policy or below any applicable insurance deductibles are your responsibility.
• 5.1.2.3 Our insurance coverage does not cover damages, losses and causes of action whether in contract, tort (including but not limited to acts of negligence), statute or otherwise (including without limitation claims for or relating to any accident, personal injury, property damage that you may suffer as a result of using our Services) if you are in breach of the terms of this Agreement (including using any Product for commercial or business purposes which is expressly prohibited under this Agreement) or any applicable insurance terms and conditions (a copy of which is available here), and in such an event you may be held responsible for the full costs of such damage.
• 5.1.2.4  For more information on our insurance policy and coverage, exclusions, conditions and deductibles, please click on, and familiarise yourself with the information contained under, the following link: insurance certificate
• 5.1.3 Save where, and to the extent that, You are covered by our insurance policy under clause 5.1.2, you hereby expressly agree to waive and release Us from all damages, losses and causes of action whether in contract, tort (including but not limited to acts of negligence), statute or otherwise (including without limitation claims for or relating to any accident, personal injury, property damage that you may suffer as a result of using our Services).
• 5.1.3 You are solely liable for all violations of road traffic regulations, public order regulations and other statutory provisions for which you are responsible in connection with your use of the Services including any Product.

6 SUSPENSION AND TERMINATION

6.1. We may from time to time temporarily suspend access to any Service, in whole or in part and with or without prior notice, in connection with repair or maintenance work or to update or upgrade content, features or functionality.

6.2. We may, with immediate effect and without prior notice, terminate this Agreement or suspend and/or terminate any Service and/or Your use of Your Account and/or the Product in the following circumstances:

• 6.2.1 if You have breached any of the provisions of this Agreement, or
• 6.2.2 if You fail to pay duly invoiced charges when due to Us.

6.3.  If You have breached any provision of this Agreement, We may take any action We deem appropriate. Any such breach may result in Us taking one or more of the following actions:

• 6.3.1 Giving you a warning,
• 6.3.2 Terminating Your right to use a Service or Product immediately, temporarily or permanently,
• 6.3.3 Instituting legal proceedings against You for the recovery of all compensable losses and damages resulting from the breach; and/or
• 6.3.4 Disclosing any relevant information to law enforcement agencies to the extent We reasonably believe it is necessary.

The measures described above are not exhaustive and We may take any other action we deem appropriate in our discretion.

6.4. Upon termination of Your rental of Products or Your subscription or Your account for any reason under this Agreement (including if You terminate or fail to renew Your subscription in accordance with these terms of this Agreement):

• 6.4.1 All rights granted to You under these terms shall immediately terminate,
• 6.4.2 You must immediately cease all use of the relevant Services and/or Products, and
• 6.4.3 You must pay all outstanding amounts due to Us.

7 CONFIDENTIALITY OF INFORMATION, PRIVACY POLICY.

Information retained pursuant to the Privacy Policy:

The personal data provided by the User will be kept in a file by Hoppy, who is responsible for processing the data. In processing that data, Hoppy adheres to all its obligations under the Data Protection Act 2004 and the Gibraltar General Data Protection Regulation More detailed information about Hoppy collecting, using and processing of Users’ personal data (including the Registration Data) can be found in our Privacy Policy which is available on our website at Home – Hoppy (behoppy.eu).

8 CONDITIONS OF USE.

8.1. Limited Availability of the Services: Hoppy uses its reasonable efforts to make the Services available 365 days a year, but We do not guarantee that the Services will always be available, as acts of God and other circumstances may prevent Hoppy from offering the Services. Access to the Services is also dependent on the availability of Products. Hoppy makes no representations or warranties regarding the availability of Services or Products at any time. You agree that Hoppy may ask You to return a Product at any time.

8.2. Use of License: Subject to Your strict compliance with this Agreement and the Additional Terms, Hoppy grants You a limited, revocable, non-exclusive, non-assignable, non-transferable license to download (for temporary storage only), display, view, use, play and/or print one copy of the Content (excluding source and target code in raw or other form other than as made available for access and use to enable display and functionality) on a personal computer, mobile phone or other wireless or Internet-connected Device (each: a “Device”) for no other than personal, non-commercial use by You. This license does not authorize You to resell or make commercial use of the Services or their contents; nor to collect and use product lists, descriptions or prices; to make any derivative use of the Services or their contents; to download or copy account information for the benefit of another merchant; or to use data mining, robots or similar data gathering and extraction tools. Except as expressly permitted in this Agreement, the Services and/or any portion thereof may not be reproduced, resold, visited or otherwise exploited for any purpose without the express written consent of Hoppy. Unauthorized use automatically terminates the authorizations and/or licenses granted by Us to You. The foregoing limited license: (i) does not grant You any ownership or other intellectual property interest in any Content, and (ii) may be immediately suspended or terminated for any reason, at Hoppy’s sole discretion and without notice or liability.

8.3. Copyright and Property: All content displayed on the Services, including but not limited to text, graphics, photographs, images, moving images, sound and illustrations (the “Content”), is the property of Hoppy, its licensors, suppliers, agents and/or its content providers. All elements of the Services, including, without limitation, the general design and the Content, are protected by copyrights, moral rights, trademarks and other laws relating to intellectual property rights. The Services may only be used for the purpose for which they have been made available. Except to the extent permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained in the Services. Except to the extent permitted by copyright law, You must obtain permission before reusing any copyrighted material available on the Services. You must comply with all applicable national and international laws, guidelines, ordinances and regulations regarding Your use of the Services. The Services, their Content and all related rights remain the exclusive property of Hoppy or its licensors, suppliers, agents and/or providers of Content, unless otherwise expressly agreed. Removing copyright, trademark and other proprietary notices from material found on the Services is prohibited.

8.4. Trademarks/No Endorsement: All trademarks, service marks and trade names of Hoppy used in this Agreement (including, without limitation, the Hoppy name, the Hoppy company logo, the Hoppy Mobility Limited name, the Hoppy Mobility Limited company logo, the name of the Services, the design of the Services and/or any logos) (collectively, the “Marks”) are trademarks or registered trademarks of Hoppy or its affiliates, partners, suppliers or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify Hoppy’s Marks in any way, including in advertising or publicity regarding distribution of materials on the Services, without Hoppy’s prior and written permission. You may not use Hoppy’s name, or any language or graphics or symbols that, in Hoppy’s judgment, imply that Hoppy would approve of (i) written or oral advertisements or presentations, or (ii) brochures, newsletters, books or other written materials of any kind, without prior written permission.

8.5. Policy Regarding Solicited Submissions: Where Hoppy has expressly requested submissions or comments, Hoppy encourages You to submit content (such as comments to blog posts, community participation, tips, etc.) that You have prepared in connection with the Website to Hoppy (the “User Submissions”). User Submissions remain the intellectual property of the individual user. By posting content to our Website, You expressly grant to Hoppy a non-exclusive, perpetual, irrevocable, no-cost, fully paid-up, worldwide, fully sublicensable license and right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display such content and Your name, voice and/or likeness contained in Your User Submission, distribute, transmit, perform and display, in whole or in part, in any form throughout the world by any means and technology, whether now known or hereafter discovered, including through promotions, advertising, marketing, merchandising, publicity and any other ancillary uses, and including the unrestricted right to sublicense these rights indefinitely. All User Submissions are considered non-confidential and Hoppy is under no obligation to keep confidential any information present in any User Submission, in any form.

8.6. Inappropriate User Submissions: Hoppy does not encourage User Submissions that result from any activity that: (i) may cause risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement or physical or mental illness to You, any other person or an animal; (ii) may cause risk of any other loss or damage to any person or property; or (iii) may be a crime or tort. You represent that You have not engaged or will not engage in any of the foregoing activities in connection with the development of Your User Submission. Without limiting the foregoing, You agree that, in connection with Your Submission, You will not cause emotional distress to other people, humiliate other people, or (publicly or otherwise), will not assault or threaten other people, will not enter private property without permission, will not impersonate another person or misrepresent Your affiliation, title or authority, and will not engage in activities that may result in injury, death, property damage and/or liability of any kind. Hoppy will refuse the User Submission if Hoppy believes, in its sole discretion, that such activities have occurred. If Hoppy is made aware by You of any Submission that allegedly violates any provision of this Agreement, Hoppy reserves the right, in its sole discretion, to determine whether a violation has occurred and to remove such Submission from the Services at any time and without notice.

8.7. Inappropriate Material: You are prohibited from using the Services to post or transmit any unlawful, abusive, threatening, libellous, obscene, pornographic, or blasphemous material, or any material that infringes or misappropriates the intellectual property of any third party, or any material that would (encourage conduct that would) be considered a criminal offence or otherwise violate any law. You further agree that this Agreement expressly prohibits the transmission or placement of unsolicited advertisements or “spam” on or through the Services. In addition to any remedies We may have at law or in equity, if We determine in Our sole discretion that You have violated or are likely to violate the foregoing provisions or any applicable rules or policies referenced in this Agreement, We may take any action We deem necessary to remedy or prevent the violation. This means, without limitation, that We may prevent You from using the Services and/or remove the related materials from the Services immediately and without notice. We will fully cooperate with any law enforcement agency, court order or subpoena requesting or directing us to disclose the identity of anyone posting any such materials.

8.8. Access and Interference: You agree that You will not, without Our express written consent use robots, spiders, scrapers or other automated means to access the Services for any purpose. In addition, You promise that You will refrain from the following: (i) engage in any activity that, in Hoppy’s sole discretion, causes or is likely to cause an unreasonable or disproportionately large load on Our infrastructure; (ii) interfere or attempt to interfere with the operation of the Website, the HoppyApp or activities conducted on the Services; or (iii) circumvent any measures We may apply to prevent or restrict access to the Services.

8.9. Right to Remove Content: Except as described in our Privacy Policy, We will not monitor, edit or disclose the content of Your emails and Content posted on the Services unless necessary in the normal course of maintaining the Services and their systems or unless We are compelled to do so by law or have a reasonable belief that such action is necessary to: (1) comply with the law or any legal process served on Hoppy or the Services, (2) protect and defend the rights or property of Hoppy, the Services or the users of the Services, or (3) act in an emergency to protect the personal safety of Our users, the Services or the public. Users remain fully responsible for the content of their posts and Hoppy has no obligation to pre-screen such content. However, We shall have the right, in Our sole discretion, to edit, delete or refuse to post any material sent to or posted on the Services, at any time and without notice. Without limiting the foregoing, We have the right to remove any material that We believe violates the terms of this Agreement or is otherwise objectionable in Our sole discretion. In addition, We have the right to deny users who fail to comply with any provision of this Agreement access to the Services or any part thereof.

8.10. User-Published Content: User-published Content and User Submissions do not reflect the opinion of Hoppy, nor any person associated with Hoppy and We do not control this Content. You may never claim or suggest, directly or indirectly, that Hoppy endorses Content published by any user. Hoppy does not guarantee the accuracy and credibility of any User-published Content on Our Services or in User Submissions published through Our Services and accepts no responsibility or liability for any activities You undertake as a result of accessing such User-published Content or User Submissions. Through Your use of the Services, You may be exposed to Content that You may find offensive, objectionable, harmful, inaccurate or misleading. There is also a risk that You may encounter minors, people acting under false pretences, international trade issues and foreign persons.

8.11. Third Party Links: Occasionally, the Services may contain links to websites that are not owned, operated or controlled by Hoppy or its affiliates. All such links are provided solely as a convenience to You. If You use these links, You will leave the Services. Neither We nor any of Our affiliates are responsible for the content, materials or other information present on or accessible from any other website. Neither We nor any of Our affiliates endorse, guarantee, or make any representations or warranties regarding any other website or any content, materials, or other information present on or accessible from any other website, or the results of using any other websites. If You decide to access any other websites linked to the Services, You do so entirely at Your own risk.

8.12. Transaction Partners: Sometimes We cooperate with other companies to promote their services in conjunction with Our Services. In this case, You deal directly with the other party. On the relevant pages or locations, the brand of the transaction partner is clearly visible and the transaction partner’s agreements can be consulted. When You use these partner pages, You are bound by the partner agreement and at the same time You remain bound by this Agreement. In the event of any conflict between this Agreement and the Partner Agreement, Our Agreement shall prevail.

8.13. User Submissions Statements: You represent and warrant that Your User Submissions and all elements thereof (a) are wholly owned or controlled by You, that You have obtained prior written permission from the rightful owner of the content of Your User Submissions or that You are otherwise legally entitled to assign to Hoppy all rights granted therein; and that (b) Hoppy’s use of Your User Submissions as described or intended herein does not and will not infringe the copyrights, trademark rights, publicity rights or other rights of any person or organization, nor violate any law, regulation or right of any kind or otherwise give rise to any enforceable claim or liability, including, without limitation, for publicity and privacy rights or defamation. Further, You are entirely responsible for Your own User Submissions and the consequences of posting or publishing them.

8.14. Wireless Features: The Services may provide certain features and services that are available on Your wireless Device. These features and services may include, but are not limited to, accessing the features of the Services, uploading content on the Services, receiving messages from the Services (including text and SMS messages) and downloading applications on Your wireless Device (collectively, the “Wireless Features”). Your provider may charge you a fee for using the Wireless Features, including for sending text messages, data usage and other fees. These charges may appear on Your wireless bill or be deducted from Your prepaid account. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may not be compatible with Your carrier or your wireless Device. Check with your wireless service provider for available subscriptions and their costs. Contact Your provider if You have any questions about these issues. You confirm that You are the current subscriber and/or usual user of the mobile number listed on the Services is registered and that You are authorized to incur message and data charges charged by Your provider. It is strictly prohibited to register a mobile number that does not belong to You. If We discover that any information provided by You is false or inaccurate, We may suspend or terminate Your access to the Services at any time.

8.15. Force Majeure: Neither Hoppy nor You shall be responsible for damages or for delays or failures in performance resulting from acts or events beyond the reasonable control of Hoppy or You, including, without limitation: fire, lightning, explosion, power surges or power failures, water, accidental events, war, revolution, civil disturbances or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or judicial authority or any representative of any government or judicial authority; or labour unrest, including, without limitation, strikes, slowdowns, demonstrations or boycotts; the unavailability of raw materials or transportation facilities, fuel or energy shortages or acts or omissions of public transportation companies.

8.16. Indemnity: Save where, and to the extent that, You are covered by our insurance policy under clause 5.1.2, You expressly agree to defend, indemnify and hold Hoppy and any affiliated entity or individual harmless from any and all liabilities, costs and expenses including reasonable legal fees, related to or in connection with (i) Your use of the Services; (ii) your violation and non-compliance of any of the term(s) contained within this Agreement, including without limitation, your breach of any of the representations and warranties contained herein; (iii) your violation of any third party right, including without limitation any claim or damages that arise as a result of any right of privacy, publicity rights or intellectual property rights (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any User Submission or other content, message or information that you provide to Hoppy, including without limitation any claim or damages arising from a defamation or invasion or privacy claim.

8.17. Release: Save where, and to the extent that, You are covered by our insurance policy under clause 5.1.2, in the event that you have a dispute with one or more users of the Services, you release Hoppy (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature known and unknown, suspected and unexpected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

8.18. Governing law: This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Gibraltar.

8.19 Exclusive Jurisdiction: Subject to clause 8.20 below, the courts of Gibraltar shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation.

8.20 Dispute Resolution by Arbitration: 

PLEASE READ THE FOLLOWING CLAUSE CAREFULLY BECAUSE IT CONTAINS CERTAIN PROVISIONS, SUCH AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. THIS CLAUSE REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HOPPY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

8.20.1 Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Hoppy (i) waive your and Hoppy respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and Hoppy respective rights to a jury trial. Instead, you and Hoppy will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

8.20.2 No Class Arbitrations, Class Actions or Representative Actions. Any Dispute arising out of or related to these Terms is personal to you and Hoppy and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. Arbitration Rules. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration (“LCIA Rules”), which are available at http://www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2014.aspx and are deemed to be incorporated by reference in this clause 8.20. By agreeing to be bound by these Terms, you either (i) acknowledge and agree that you have read and understand the LCIA Rules, or (ii) waive your opportunity to read the LCIA Rules and any claim that the LCIA Rules are unfair or should not apply for any reason.

8.20.3 Notice; Informal Dispute Resolution: Each Party will notify the other Party in writing of any Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to Hoppy shall be sent by e-mail to Hoppy at support@behoppy.eu. Notice to you shall be sent to any address you provide to us in writing in a notice. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and Hoppy cannot agree how to resolve the Dispute within thirty (30) days after the date the notice is received by the applicable Party, then either you or Hoppy may, as appropriate and in accordance with this clause 8.20, commence an arbitration proceeding or, to the extent specifically provided for in clause 8.20.1, file a claim in court.

8.20.4 Process: The seat, or legal place, of arbitration shall be Gibraltar. The arbitration will be conducted confidentially by a single arbitrator appointed in accordance with the LCIA Rules. The language to be used in the arbitration proceedings shall be English. The governing law of these Terms shall be the substantive law of Gibraltar and the Gibraltar court will have exclusive jurisdiction over any appeals and the enforcement of an arbitration decision.

8.20.5 Authority of Arbitrator: These Terms, the applicable LCIA Rules and the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute may be subject to arbitration, and (ii) the authority to grant any remedy that would otherwise be available in court, provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative or class action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

8.20.6 Severability of Dispute Resolution and Arbitration Provisions: If any term, clause or provision of this clause 8.20 is held invalid or unenforceable, it will be so held to the minimum extent applicable and required by law, and all other terms, clauses and provisions of this clause 8.20 will remain valid and enforceable. Further, the waivers set forth in clause 8.20.2 above are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law

8.21 Severance.

8.21.1 If any provision of this Agreement (and/or part(s) of any provision) is found by any court and/or any other authority of competent jurisdiction to be invalid, unenforceable and/or illegal, the other provisions (and/or remaining part(s) of such provision(s), as the case may be) shall remain in force.

8.21.2 If any invalid, unenforceable and/or illegal provision (and/or part(s) of any provision) would be valid, enforceable and/or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention between You and Hoppy.

8.21.3 You and Hoppy agree, in the circumstances referred to in clause 8.21.1, and if clause 8.21.1 does not apply, to attempt to substitute for any invalid and/or unenforceable provision a valid and/or enforceable provision which achieves, to the greatest extent possible, the same effect as would have been achieved by the invalid and/or unenforceable provision.

8.22. Modification of Terms: As Our Services evolve, the terms under which We offer Our Services may change. However, unless You agree, We will not make any changes to Services for which You have already paid that would significantly reduce the type or level of service You receive for that period only except where We are required to do so for security reasons or by law or regulation. We will always notify You of such important changes as soon as reasonably possible, and in any event by no less than 14 days from prior to the change taking place, upon which You may accept them or cancel Your subscription without penalty. In the latter case, You must let Us know that You want to cancel Your subscription in accordance with clause 4.4 of this Agreement. If You do not cancel Your subscription before the date on which the changes come into effect (We will communicate this date to You), this means that, You hereby agree that, You have agreed to these changes and that the revised terms of the Agreement supersede any previous versions.

8.23. Additional Terms: In some cases, Your use of the Services is subject not only to this Agreement, but also to separate guidelines, rules or terms of use that contain additional or different terms (in each case and collectively referred to as the “Additional Terms”). We will submit these Additional Terms to You for express acceptance. In the event of any conflict between this Agreement and any Additional Terms, this Agreement shall prevail unless the Additional Terms expressly provide that it shall prevail over this Agreement.

8.24 Wavier: Our failure to enforce any right or provision under this Agreement shall not constitute a waiver of such rights or provisions unless We acknowledge and agree such waiver in writing.

8.25 Entire Agreement: This Agreement (together with the documents referred to within this Agreement) constitutes the entire agreement (together with the  between the parties. Each party acknowledges that in entering into this Agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement. Nothing in this clause shall limit or exclude any liability for fraud.

8.26. Contact. If You have any questions or comments regarding this Agreement or Our Services, You may contact Us at support@behoppy.eu. Please always include the e-mail address partnerships@behoppy.eu.

8.27. Apple iOS Terms: if the App you download, access and/or use is downloaded from the App Store operated by Apple Inc (“Apple”):

• • Your license to use the App is limited to a non-transferable license to use the App on any Apple-branded device owned or operated by You, and to the extent permitted by Apple’s usage rules published in the App Store Terms and Conditions.
  • You acknowledge and agree that: Apple has no obligation to provide support or maintenance services with respect to the App. If You have any maintenance or support questions regarding the App, please contact Us and not Apple; see the Contact Us section of these Terms;
  • We, and not Apple, are responsible for handling any claims made by You or any third party relating to the App or Your possession and/or use of the App, including (i) product liability claims, (ii) complaints that the App fails to comply with any applicable law or regulation, and (iii) claims under consumer protection or similar laws;

Apple, to the maximum extent permitted by applicable law, has no other warranty obligations with respect to the App and that all other claims, losses, liabilities, damages, costs and expenses arising from any failure to honour a warranty are solely Our responsibility and that We are fully responsible for any product warranties, whether express or implied, to the extent not effectively disclaimed and subject to the terms of this Agreement;

• • if any third party should claim that Your possession or use of the App (in accordance with these Terms) infringes any intellectual property rights, Apple shall have no liability or responsibility to You in respect of that claim; and although this Agreement is between You and Us (and not Apple), Apple and its subsidiaries are third-party beneficiaries of this Agreement and, upon Your acceptance of this Agreement, Apple Inc. will have the right (as accepted by You) to enforce this Agreement against You as a third-party beneficiary hereof; You are not, or will not be, in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; and
    You are not on any United States government or United Nations Security Council sanction list, or on any EU list
    • you hereby declare and warrant that you will be bound by any applicable terms and conditions of any third party when using the App, such as the data use agreement of Your mobile carrier.

8.28. Conditions for Google

If the App you are downloading, accessing and/or using was downloaded from Google Play: You are entitled to an unlimited reinstallation of the App at no additional cost. However, if the App is removed from Google Play due to (a) an alleged or actual infringement of the intellectual property rights of any third party; (b) an alleged or actual violation of the rights of any third party; or (b) an allegation or determination that the Product is not in compliance with applicable law (each referred to as a “Legal Removal”), then the App will be completely removed from Google Play and You will no longer have the right or ability to reinstall the App.

We grant to the User a non-exclusive, worldwide, perpetual license to operate, display and use the App.

8.29. Google Maps: The map data that We provide You through Our App is based on the current information available to Us, which may have been provided by a third party, for example through integration of the Google Maps API, and may be inaccurate or incomplete. If You use the map functionality that We provide through Our App, You may not be able to use it.

You acknowledge and agree to be bound by Google Inc.’s Additional Terms and Conditions for Google Maps/Google Earth, available at https://maps.google.com/help/terms_maps.html.

ACCEPTANCE OF THE AGREEMENT

I certify that I am at least 17 years old, that I have fully read and understood the terms and effect of this Agreement, and that I expressly agree to these terms and voluntarily enter into this Agreement.