Terms of Use of HOP SERVICES

Use of Services

  1. General
    1. HOP SERVICES. The following Terms of Use of HOP SERVICES (the ToU) shall apply to HOP SERVICES’s mobile application, which allows anyone to order online and to get the delivery of the products you like in less time thanks to the HOP community, available on smartphones, tablets, and other electronic devices, on iOS and Android (the App), and to the website accessible at http://www.hop.services and any other products and/or services available at the same URL address (together the Services), which are provided by HOP SERVICES SA, rue des Charmilles 1, 1203 Geneva, Switzerland (HOP SERVICES).
    2. Acceptation of the ToU. Any access or use of the Services are subject to these ToU as may be amended from time to time. Anyone who accesses, browses and/or uses the Services through whatever platform acknowledges to have read, understood and agreed to these ToU and the Privacy Policy accessible at [URL address].
    3. Links to third party platforms. The Services may contain links to third party platforms maintained by other content providers. HOP SERVICES hereby disclaims any representations and warranties regarding the content or accuracy of materials on such third party platforms.
    4. Amendments. The ToU may be amended from time to time and such amendments shall be notified to visitors on HOP SERVICES’s website or through the App. By continued access or use of the Services after any amendment of the ToU, Users (see definition under Section 2.2) agree to be bound by any such amendment.
  2. Registration
    1. Account. Certain Services and sections of it require the registration of an account (the Account) and to sign-in before they can be used. By registering an Account or using the Services through any other means, Users warrant that they are of legal age and have unrestricted legal capacity in their country of domicile or residence.
    2. By registering an Account, you become a registered user as Merchant, Hopper or End Customer (together the Users). The Merchant is a commercial partner of HOP SERVICES, who is a member of the HOP community, and who offers and commercializes online its products directly to the End Customer through and/or on the Services. The Hopper is a member of the HOP community who offers his/her independent delivery services directly to the End Customer through and/or on the Services. The End Customer is a member of the HOP community who acquires and purchases online products directly from Merchants or third party merchants, who are not members of the HOP community, through and/or on the Services, respectively through and/or on the “HOP sur demande” Service (see Section XXX).
    3. Accuracy. Users warrant that all information provided to HOP SERVICES in the registration process or otherwise is true and accurate. Users shall keep such information up to date at any time.
    4. Confidentiality. Users agree to keep their login and password confidential. Users acknowledge that Users are fully responsible for the use that is made of their Account, including any third party use irrespective of whether Users authorized such use or not. Users shall be fully liable for any losses and/or damages that may result from any such use. Users agree to immediately notify HOP SERVICES of any unauthorized access or use of their Account or any other breach of security.
    5. Cancellation of Account. HOP SERVICES reserves the right to temporarily or permanently cancel an Account at any time without notice and without any compensation, for any reason whatsoever, without incurring any liability.
  3. User Content
    1. User Content. Users are granted the possibility to post on, transmit through, or link from the Services text, files, images, photos, videos, sounds, or other materials (the User Content). Notably without limitation, a Merchant can describe its “brick and mortar” shop and its products with specific User Content, and an End Customer can write and  post reviews to rate a Merchant and/or a Hopper.
    2. License on User Content. Users hereby grant HOP SERVICES a worldwide, free of charge, perpetual, irrevocable, transferable, assignable license, with right of sublicense, and any intellectual property rights related thereto, to use the User Content in connection with the Services and in accordance with the Privacy Policy available at [URL address].
    3. Responsibility. Users understand and agree that all User Content posted on, transmitted through, or linked from the Services, are the sole responsibility of the User from whom such USer Content originates. HOP SERVICES has no liability related to the User Content, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise.
    4. Restrictions. Users represent and warrant that their User Content: (i) shall not infringe any intellectual property right, or other proprietary right or right of publicity or privacy; (ii) shall not violate any law or regulation; (iii) shall not be defamatory or trade libelous; (iv) shall not be obscene or contain pornography; (v) shall not include incomplete, false or inaccurate information about yourself or any information about any other individual or company; (vi) shall not be inadequate or inadequate language; and (vii) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
    5. No obligations. HOP SERVICES reserves the right (but not the obligation) to take any action with respect to the User Content, if HOP SERVICES believes that it may create liability for HOP SERVICES or may cause HOP SERVICES to lose the services of HOP SERVICES’ Internet service providers or other suppliers and/or providers.
    6. No warranties. HOP SERVICES cannot, nor do we undertake any obligation to, control the User Content. By its very nature, the information in the User Content is changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively labeled. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor do we undertake to verify, update or correct such information. We also do not make any representation or warranty, express or implied, regarding any User Content. We reserve the right to adjust, refuse or remove any User Content at our sole discretion, in particular to comply with any applicable law.
  4. Blog

Blog. HOP SERVICES also offers to Users the access and use of a blog, a place where HOP SERVICES can discuss and exchange in relation to the Services.

  1. Use of the Services and license
    1. License. Subject to the Users’ compliance with the ToU, HOP SERVICES grants Users a non-exclusive, non-transferable, revocable and limited license, without right of sublicense, to use the Services for, notably without limitation, (i) selling products online directly to End Customers; (ii) offering independent delivery services; or (iii) acquiring and purchasing products online directly from Merchants or third party merchants who are not members of the HOP community.
    2. Klik & Pay. The access and use of the Services is subject to the registration of a Klik & Pay (CYBERServices SA) account. The Klik & Pay additional General Business Conditions apply and are available at http://klikandpay.com/en/cgv/.
    3. Restrictions. To the extent permitted by applicable law, Users are not allowed to (i) copy, modify or create derivatives of the Services, in particular of the App; (ii) resell, transfer, assign, lease, lend, or license the Services, in particular the App, to third parties; and (iii) deep-link, reverse engineer, disassemble or monitor (e.g. spider, scrape) the Services, in particular the App. Without prejudice to the ToU, HOP SERVICES and/or its licensors reserve all rights on the Services not expressly granted herein.
    4. No obligations. HOP SERVICES shall have no obligation to monitor the use of the Services or to edit, review or modify any content of the Services. HOP SERVICES reserves its right to edit, review or modify the content of the Services without prior notice at any time notably without limitation for purposes of compliance with the ToU or any applicable law. HOP SERVICES reserves its right to investigate on any infringement or behavior affecting the Services. HOP SERVICES reserves its right to cooperate with competent authorities in case of violation of any applicable law.
    5. Representations and warranties of Users. Users represent and warrant (i) not to infringe, or cause a third party to infringe, any applicable law or regulation; (iii) not to use their Account and the Services for any unlawful purpose; (iv) not infringe any intellectual property right, or other proprietary right or right of publicity or privacy; (v) not to include incomplete, false or inaccurate information about themselves or any information about any other individual, company or other legal entity; and (vi) that their use of the Services shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  1. Intellectual property
    1. Ownership of HOP SERVICES. Without prejudice to Section 6.2, HOP SERVICES and its licensors own the copyright and all intellectual property rights in and to the Services and on the content published on and/or through the Services, or have acquired an appropriate consent or license from third parties.
    2. Ownership of user. Without prejudice to Section 3.2, Users or their licensors retain ownership of all rights, title and interest in and to their User Content.
    3. Infringement. If Users think that the Services or the provision of any content of the Services infringe any copyright or other intellectual property right, Users may at all times contact HOP SERVICES at contact@hop.services and ask HOP SERVICES to remove such content from the Services.
  2. Privacy and data protection

Privacy Policy. HOP SERVICES Privacy policy is accessible at [URL address].

  1. Suspension and termination of use

Suspension and termination. Users agree that HOP SERVICES may, at HOP SERVICES’s sole discretion, suspend or terminate their Account, and/or their access and/or use to all or part of the Services with or without notice and for any reason, including, without limitation, breach of these ToU. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating their relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, their right to access and/or use the Services will immediately cease, and subject to applicable law, HOP SERVICES reserves the right to remove or delete any information and/or content, in particular the User Content, including any Account or login information. 

COnditions of sale and delivery

  1. Products purchases
    1. Description of products. Merchants shall describe and detail the products and/or the services relating to the products offered by them on their profile page through and/or on the Services, and which can be acquired and purchased according to the Merchant’s description at the time of booking. HOP SERVICES disclaim all warranties, express or implied, in particular warranty for defects, in connection with the products offered by the Merchants through and/or on the Services.
    2. Availability. Products offered by Merchants through and/or on the Services are available according to the availability time frame indicated by the Merchants through and/or on the Services.
    3. Purchase. By clicking on [“Purchase Now”], the End Customer sends a request to the Merchant to acquire and purchase the selected product(s). the End Customer will definitively acquire and purchase the selected product(s) with the Merchant and the purchase will be valid only once (i) the Merchant has agreed on the quantity and price for the selected product(s); (ii) the Merchant accepts the End Customer’s purchase request; (iii) the End Customer has performed his/her payment; (iii) and that the End Customer receives a confirmation email of the purchase (the Purchase). During the Purchase process, the End Customer may modify the Purchase only until payment of the Purchase takes place. Upon agreement of your purchase request by the Merchant, the End Customer will be invited to pay the Purchase. Transfer of risk takes place once the Merchant delivers the product to a Hopper (See Section 10).
    4. Price. Prices indicated are in Swiss Francs (CHF). Right before Purchase, the total price of the product(s) will be indicated to the End Customer all taxes included (VAT if applicable, delivery costs, etc.).
    5. Payment. The payments of the Purchase can be done through the online portal of Klik & Pay (CYBERServices SA).
    6. No liability. The products, which are part of the Purchase, offered by the Merchants through or on the Services are provided and commercialized in accordance with the agreed conditions arrangements between the Merchants and the End Customers involved in the Purchase process. To the extent permitted by applicable law, HOP SERVICES shall not be held liable for any delays or problems during a Purchase.
    7. Parties to the Purchase. The parties to a Purchase are exclusively a Merchant and an End Customer. Each End Customer shall exercise his/her rights directly against the Merchant. However, in case of problems or dispute concerning a Purchase, each End Customer can contact HOP SERVICES at contact@hop.services and HOP SERVICES will develop its best efforts to assist the concerned Merchant and End User to solve their problem or dispute between them.
  1. Delivery
    1. General. Each Purchase will be delivered directly to the End Customer by a Hopper offering his/her independent services of delivery through and/or on the Services, or in some instance directly by the Merchant. In such latter case, all provisions in this Section 10 pertaining to the Hoppers apply similarly.
    2. Availability. Upon the Purchase, the App will geolocalize the End Customer and the next and closest Hopper(s) around the End Customer.
    3. Booking of delivery services. By clicking on [“call now”], the End Customer sends a request to the Hopper to book his/her delivery services. the End Customer will definitively book such delivery services with the Hopper and such booking will be valid only once (i) the Hopper has agreed on the selected delivery; (ii) the Hopper accepts the End Customer’s delivery services booking request; (iii) the End Customer has performed his/her payment (at once with the Purchase); (iii) and that the End Customer receives a confirmation email of the delivery (at once with the confirmation email of the Purchase). During the delivery services booking process, the End Customer may modify the selected Hopper only until payment of the Purchase and of the delivery services takes place.
    4. Price. Delivery costs are available at [URL address]. Delivery costs are indicated right before the Purchase. Delivery times are indicative and not binding. See also Section 9.4.
    5. Payment. The payments of the delivery services (at once with the Purchase) can be done through the online portal of Klik & Pay (CYBERServices SA).
    6. No liability. To the extent permitted by applicable law, HOP SERVICES shall not be held liable for any delivery delay or issue arising from or in connection with the delivery of a product by a Hopper.
    7. Parties to the delivery services. The parties pertaining to a delivery are exclusively a Hopper and an End Customer. Each End Customer shall exercise his/her rights directly against the Hopper. However, in case of problems or dispute concerning a delivery, each End Customer can contact HOP SERVICES at contact@hop.services and HOP SERVICES will develop its best efforts to assist the concerned Hopper and End User to solve their problem or dispute between them.
  2. HOP SUR DEMANDE
    1. General. HOP SERVICES will not limit the Users’ wishes of online orders. The “HOP sur demande” Service allow each End Customer to order products directly from third party merchants who are not members of the HOP community.
    2. Purchase. Sections 9 applies similarly to a “HOP sur demande” purchase request. However in such case, the availability and price of the selected product(s) will be indicated by the Hopper directly to the End Customer through the App. In addition, in such “HOP sur demande” purchase request , the Hopper will purchase the selected product(s) directly from the third party merchant, who is not members of the HOP community, in the name and on behalf of the End Customer. The Hopper delivers then his/her independent delivery services directly to the End Customer (See Section 10, which applies similarly). The Hopper shall be entitled to the reimbursement by the End Customer of the price of the Purchase and a commission fee of 10% of the price of the Purchase, and to the payment of his/her delivery services.
    3. Payment. The payments of any “HOP sur demande” Purchase can be done through the online portal of Klik & Pay (CYBERServices SA).
    4. No liability. The products, which are part of the “HOP sur demande” Purchase, offered by the third party merchants, who are not members of the HOP community, through or on the Services, are provided and commercialized in accordance with the agreed conditions arrangements between such third party merchant and the End Customer, with the Hopper acting as auxiliary of the End Customer, involved in the “HOP sur demande” Purchase process. To the extent permitted by applicable law, HOP SERVICES shall not be held liable for any delays or problems during a “HOP sur demande” Purchase. Section 10.6 applies by analogy to the delivery of the “HOP sur demande” Purchase.
    5. Parties to the “HOP sur demande” Purchase. The parties pertaining to a “HOP sur demande” Purchase are exclusively a third party merchant, who is not a member of the Hop community, and an End Customer, with the Hopper acting as auxiliary of the End Customer. The parties pertaining to the delivery thereof are exclusively a Hopper and an End Customer. Each End Customer shall exercise his/her rights directly against such third party merchant, respectively against the Hopper regarding the delivery. However, in case of problems or dispute concerning a “HOP sur demande” Purchase, respectively the delivery thereof, each End Customer can contact HOP SERVICES at contact@hop.services and HOP SERVICES will develop its best efforts to assist the concerned Users to solve their problem or dispute between them.

COmmon provisions

  1. No warranties and liability
    1. No warranties. Users agree that their access and use of the Services shall be at their sole risk and liability. Users acknowledge that the content of the Services is provided to them “as is” and “as available”, and that to the fullest extent permitted by applicable law, HOP SERVICES disclaims all warranties, express or implied, in connection with the Services and their access and use thereof.
    2. No further representations and warranties. Furthermore, HOP SERVICES makes no warranties or representations about and bears, unless fraudulent intent or gross negligence, no liability for (i) the accuracy or completeness of the content of the Services, notably User Content, including but not limited to any errors, mistakes, inaccuracies of content, as well as its timely and proper delivery; (ii) limitations; (iii) personal injury; or (iv) property damage, of any nature whatsoever resulting from (a) the Users’ access or use of the Services; (b) any unauthorized access or use of any and all data, personal information and/or financial information stored through or on the Services; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; (e) any errors or omissions in any content; (f) or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, published, uploaded, linked from, or otherwise made available via the Services.
    3. No liability. To the extent permitted by applicable law, HOP SERVICES waives all liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access and use of the Services, including authorized or unauthorized third party use of Accounts, or any reliance on any of the content, notably User Content, provided on or otherwise in connection with the Services.
  1. Indemnification

Indemnification. Users shall defend, hold harmless and indemnify HOP SERVICES for any claim, demand, dispute, litigation, damage or loss (including reasonable attorney’s fees) incurred by HOP SERVICES from another User of the Services or a third party arising out of the Users’ access and use of the Services and/or any infringement of the ToU.

  1. Miscellaneous

Miscellaneous. If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.

  1. Contact

Contact. If Users have any questions regarding the Services, or the ToU please contact HOP SERVICES at contact@hop.services.

  1. Governing law and jurisdiction
    1. Governing Law. These ToU shall be governed by and construed in accordance with Swiss substantive law, without reference to its conflict of laws provisions. 
    2. Jurisdiction. Any dispute or difference arising out of or in relation to these ToU shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland, subject to the right of appeal to the Swiss Federal Tribunal.