Hoper respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Hoper Platform infringe upon your copyrights, please send the following information to Hoper Copyright Agent at Hoper Services Inc., Unit 307, 1515 Britannia Road East, Mississauga, Ontario L4W 4K1:
1- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice;
2- Determine the location where the original or an authorized copy of the copyrighted work exists.
3 - Provide your name, mailing address, telephone number, and, if available, email address.
Provide the following statement with your notice
“I hereby state that I have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law”.
4- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
5 - An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
These terms of service and use constitute a legally binding agreement (the “Agreement”) between you and Hoper Services Inc. (“Hoper,” “we,” “us” or “our”) governing your use of the Hoper Rush application, website, and technology platform (collectively, the “Hoper Rush Platform”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Hoper Rush Platform constitutes your agreement to be bound by these terms of agreement (“Terms” and/or “agreement’), which establishes a contractual relationship between you and Hoper. If you do not agree to these Terms, you may not access or use the Hoper Rush Platform. Hoper may immediately terminate these Terms or any access to the Hoper Rush Platform with respect to you, or generally cease offering or deny access to the Hoper Rush Platform or any portion thereof, at any time for any reason.
By entering into to this Agreement, you expressly acknowledge that you understand this Agreement INCLUDING the Dispute Resolution and Arbitration Provisions and accept all of its terms.
AMENDMENT TO THE AGREEMENT:
Hoper may amend the terms of agreement from time to time. Amendments will effective upon Hoper’s posting such updated terms at this location or in the amended policies or supplemental terms on the applicable services. Hoper reserves the right to amend any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. In the event Hoper amends the terms and conditions of this Agreement, such amendments shall be binding on you only upon your acceptance of the amended Agreement. Your continued use and access of the Hoper Rush Platform or Services after any such changes are posted shall constitute and confirm your consent to be bound by the terms , as amended. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT ALSO CONTAINS PROVISIONS THAT GOVERN HOW THE CLAIMS YOU AND HOPER HAVE AGAINST EACH OTHER CAN BE BROUGHT . REVIEW THE MULTI-STAGE DISPUTE RESLUTION PROVISIONS AND PROVISIONS OF ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH HOPER ON AN INDIVIDUAL BASIS THROUGH MEDIATION, AND IN CASE OF FAILURE TO ACHIEVE ANY RESOLUTION BY MEDIATION, BY A FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
3.THE HOPER RUSH PLATFORM:
The Hoper Rush Platform constitute a technology platform that enables users of Hoper’s mobile applications or websites provided as part of the Hoper Rush Platform (each, an “Application”) to arrange and schedule cleaning services and/or Event Help services with independent third party providers of such services (“Hoper Lady”), including independent third party cleaning and event help services under agreement with Hoper or certain of Hoper’s affiliates.
The Hoper Rush Platform provides a marketplace where persons who seek cleaning and event help services to certain destinations (“ users”) can be matched with ladies /persons providing cleaning and event help services to or through those destinations (“Hoper lady”). Users and Hoper ladies are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Hoper Rush Platform. For purposes of this Agreement, the cleaning and event help services provided by Hoper ladies to Users that are matched through the Hoper Rush Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each cleaning and /or event help services provided by a Hoper lady to a user shall constitute a separate agreement between such persons.
Unless otherwise agreed by Hoper in a separate written agreement with you, the services are made available solely for your personal, noncommercial use.
4. YOUR RELATIONSHIP WITH HOPER:
You further acknowledge that your ability to obtain cleaning and event help through the use of services via Hoper Rush Platform does not establish Hoper as a provider of cleaning services or event help services or as a cleaning contractor or event help contractor.
As a Hoper Lady on the Hoper Rush Platform, you acknowledge and agree that you and Hoper are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Hoper expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Hoper; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Hoper, and you undertake not to hold yourself out as an employee, agent or authorized representative of Hoper.
Hoper does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions. You retain the sole right to determine when, where, and for how long you will utilize the Hoper Rush Platform. You retain the option to accept or to decline or ignore a User’s request for Services via the Hoper Rush Platform, or to cancel an accepted request for Services via the Hoper Rush Platform, subject to Hoper’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Hoper shall have no right to require you to: (a) display Hoper’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Hoper’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.
5. ACCESS AND USE OF HOPER RUSH PLATFORM:
5.1 User Account
In order to use most aspects of the Hoper Rush Platform, you must register for and maintain an active personal user account (“account”) which requires submitting to Hoper certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Hoper.
5.2Requirement to maintain accurate, complete and up-to-date account information
You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Hoper Rush Platform. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times. Unless otherwise permitted by Hoper in writing, you may only possess one account.
( you want to add about the use of location by the Hoper Rush- what does it mean and where you want to insert.)
To enable Hoper to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Hoper does not assert any ownership over your Information; rather, as between you and Hoper, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
5.3 User Requirements and conduct
The Hoper Rush Platform may only be used by individuals who can form legally binding contracts under applicable law. The Hoper Rush Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. You may not assign or otherwise transfer your account to any other person or entity.
5.4 Use of Hoper Rush Platform for Lawful Purposes:
You agree to comply with all applicable laws when accessing or using the Hoper Rush Platform and you may only access or use the Hoper Rush Platform for lawful purposes. You may not in your access or use of the Hoper Rush Platform cause nuisance, annoyance, inconvenience or property damage, whether to the Third party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Hoper Rush Platform, and you agree that you may denied access to or use of the Hoper Rush Platform if you refuse to provide proof of identity.
5.5 Contact with hoper [text messaging and telephone calls]
By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Hoper, its affiliated companies and/or Hoper lady, may include but are not limited to: operational communications concerning your User account or use of the Hoper Rush Platform or Services, updates concerning new and existing features on the Hoper Rush Platform, communications concerning promotions run by us or our third- party partners, and news concerning Hoper and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt out of promotional calls or texts, you may text “end” to 46080 ( please insert our details )from the mobile device receiving the messages. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the hoper rush platform or the services. if you wish to opt out of all texts or calls from hoper (including operational or transactional texts or calls), you can text the word “stopall” to 46080 ( please insert our details )from the mobile device receiving the messages, however you acknowledge that opting out of receiving all texts may impact your use of the hoper rush platform or the services.
5. 6 Referral and Promotions
Hoper, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Hoper. Hoper reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Hoper determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
5.7Hoper Code for Referred Users:
As part of your User account, Hoper may provide you with or allow you to create a “Hoper Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Hoper user (“Referred Users”) or Hoper Lady (“Referred Hoper Lady”). Hoper Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Hoper Code. You are prohibited from advertising Hoper Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. Hoper reserves the right to deactivate or invalidate any Hoper Code at any time in Hoper’s discretion.
5.8Credits and Service Discounts.
From time to time, Hoper may offer you with incentives to refer new Users to the Hoper community (the “Referral Program”). These incentives may come in the form of Hoper Credits, and Hoper may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion
You may receive credits ("Hoper Credits") or Service discounts ("service Discounts") that you can apply toward payment of certain Charges upon completion of a service. Hoper Credits and Service Discounts are only valid for use on the Hoper Platform, and are not transferable or redeemable for cash except as required by law.
Hoper Credits and Service Discounts cannot be combined, and if the cost of your services exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the services. Service Discounts only apply to the hourly charges for the work, not the Service Fee or other charges. If you split payment for a service with another User, your Hoper Credits or Service Discount will only apply to your portion of the Charges. Additional restrictions on Hoper Credits and Service Discounts may apply as communicated to you in a relevant promotion or by clicking on the Hoper Credit or Service Discount within the Payments section of the Hoper App. ( you should add this in our Hoper application ) However, Your distribution of Hoper Codes and participation in the Referral Program is subject to this Agreement and the supplemental Referral Program Policies which can be posted from time to time.
5.9User Provided Content
Hoper may, in Hoper’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Hoper through the Hoper Rush Platform’s textual, audio, and/or visual content and information, including commentary and feedback related to the use of services through Hoper Rush Platform, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Hoper, you grant Hoper a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Hoper Rush Platform and Hoper’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Hoper the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Hoper’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Hoper in its sole discretion, whether or not such material may be protected by law. Hoper may, but shall not be obligated to, review, monitor, or remove User Content, at Hoper’s sole discretion and at any time and for any reason, without notice to you.
5.10Hoper’s network and devices
You are responsible for obtaining the data network access necessary to use the Hoper Rush Platform. Your mobile network’s data and messaging rates and fees may apply if you access or use the Hoper Rush Platform from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Hoper Rush Platform and Applications and any updates thereto. Hoper does not guarantee that the Hoper Rush Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Hoper Rush Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5.11 A limited, non-exclusive, non-sublicensable, revocable, non-transferrable License
Subject to your compliance with these terms of agreement, Hoper grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Hoper Rush Platform; and (ii) access and use any content, information and related materials that may be made available through the Hoper Rush Platform, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by hoper and hoper’s licensors.
5.12Third Party Services and Content.
The Hoper Rush Platform and all rights therein are and shall remain Hoper’s property or the property of Hoper’s licensors. Neither these terms of agreement nor your use of the Hoper Rush Platform convey or grant to you any rights: (i) in or related to the Hoper Rush Platform except for the limited license granted above; or (ii) to use or reference in any manner Hoper’s company names, logos, product and service names, trademarks or services marks or those of Hoper’s licensors.
5.14 Maintaining the Confidentiality
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Hoper’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by Hoper for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Hoper in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Hoper with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Hoper or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Hoper; becomes known to you, without restriction, from a source other than Hoper without breach of this Agreement by you and otherwise not in violation of Hoper’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Hoper to enable Hoper to seek a protective order or otherwise prevent or restrict such disclosure.
6.CHARGES FOR USE OF HOPER RUSH PLATFORM
As a user, you agree to pay the amounts charged for your use of the Hoper Rush Platform and Services (“Charges”). Charges include the service fee and other applicable fees, tolls, surcharges, and taxes as set forth on our website:www.hoperrush.complus any tips to the Hoper lady that you elect to pay. Hoper has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to its website. Pricing may vary based on the type of service you request (e.g., cleaning services, event help) as described in our website. You are responsible for reviewing the applicable part of the Hoper website and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
There are two types of services: (a) House cleaning (b) Event Help and their rate as per hour is $19.50 individually.
6.2 Fees and other charges:
As a user, you agree to pay per-job “service Fee” as assessed by Hoper to support the Hoper Platform and related services to you by Hoper. The amount of service fee may vary depending on the type of service sought and used by the users and shall be retained by Hoper in its entirety. See Hoper’s website for details on other Charges including service fee that may apply to your use of services.
After requesting a service from Hoper, you may cancel it through Hoper Rush app, but note that in certain cases a cancellation fee may apply.
You may be charged, if you made schedule to clean house or event help as the case may be and already one of our Hoper lady accept the order and after that the user decided to cancel the schedule for some reason, Hoper shall charge $ 5.00 ( please determined) as cancellation fee and to be collected from the user’s payment method to the Hoper’s account.
Other fee and surcharges may apply to your use of services including any provincial or local fees, as applicable from time to time and also as determined by Hoper or its marketing partners, and processing fees for split payments. In addition, where required by law, Hoper will collect applicable taxes. These other charges are not shared with Hoper Lady unless expressly stated otherwise. See Hoper’s website for details on other Charges that may apply to your use of services.
Following use of a service, you may elect to tip the Hoper lady in cash or through Hoper application. Any tips will be provided entirely to the applicable Hoper lady.
6.3.1 Facilitation of Charges.
All Charges are facilitated through a third-party payment processing service [e.g. First Data etc.]. Hoper may replace its third-party payment processing services without notice to you. Charges shall only be made through the Hoper Platform. With the exception of tips, cash payments are strictly prohibited.
All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Hoper Platform, any disruption to the Hoper Platform or Services, or any other reason whatsoever.
6.3.3 Credit Card Authorization.
Upon addition of a new payment method or each service request, Hoper may seek authorization of your selected payment method to verify the payment method, ensure the service cost will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds. ( do we have such in our system, if no , delete it)
If you are a Hoper Lady, you will receive payment for your provision of Services. All payments for providing service are subject to a Commission to be charged by Hoper, discussed below. You may also receive any tips provided by users to you, and tips will not be subject to any Hoper’s Commission. Hoper will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. For detail, our website may be referred which categorically mentioned on its payment section the payments details for provision of the services by the Hoper lady including the prevailing rates of Hoper Commissions, method of calculation of payment to you ; applicable taxes deductions and tips etc. and the same may be referred to for payment structure available to the Hoper lady.
In exchange for permitting you to offer your Services through the Hoper Rush Platform and marketplace as a Hoper lady, you agree to pay Hoper (and permit Hoper to retain) a fee based on each transaction in which you provide Services (the “Commission”). The amount of the applicable Commission will be communicated to you in a Commission schedule through the Hoper Lady portal. Hoper reserves the right to change the Commission at any time in Hoper’s discretion based upon local market factors, and Hoper will provide you with notice in the event of such change. Continued use of the Hoper Rush Platform after any such change in the Commission calculation shall constitute your consent to such changes.
6.2 Setting the prices for provision of services
You expressly authorize Hoper to set the prices on your behalf for all Charges that apply to the provision of Services. Hoper reserves the right to change the Service charge’s schedule at any time in our discretion based upon local market factors, and we will provide you with notice in the event of changes to the base service charges, per hours, that would result in a change in the applicable service charges.
6.3Service charge’s Adjustment.
Hoper reserves the right to adjust or withhold all or a portion of Service charges if it believes that (i) you have attempted to defraud or abuse Hoper or Hoper’s payment systems, (ii) in order to resolve a User’s complaint (iii)Hoper’s decision to adjust or withhold the Service charges in any way shall be exercised in a reasonable manner.
7.CLAIMS OF COPYRIGHT INFRINGMEENT and INTELLECTUAL PROPERTY
Hoper respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Hoper Rush Platform or Services infringe upon your copyrights, please visit Copyright Policy page for information on how to make a copyright complaint.
All intellectual property rights in the Hoper Rush Platform and Hoper shall be owned by Hoper absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Hoper Rush Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Hoper. Hoper shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Hoper and other Hoper logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Hoper in the Canada and/or other countries (collectively, the “Hoper Marks”). If you provide Services as a Hoper Lady, Hoper grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Hoper Marks solely in connection with providing the Services through the Hoper Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Hoper ’s prior written permission, which it may withhold in its sole discretion. The Hoper Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Hoper is the owner and licensor of the Hoper Marks, including all goodwill associated therewith, and that your use of the Hoper Marks will confer no additional interest in or ownership of the Hoper Marks in you but rather inures to the benefit of Hoper. You agree to use the Hoper Marks strictly in accordance with Hoper’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Hoper determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that incorporate the Hoper Marks or any derivatives of the Hoper Marks other than as expressly approved by Hoper in writing; (2) use the Hoper Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Hoper Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Hoper’s rights as owner of the Hoper Marks or the legality and/or enforceability of the Hoper Marks, including, without limitation, challenging or opposing Hoper’s ownership in the Hoper Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Hoper Marks, any derivative of the Hoper Marks, any combination of the Hoper Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Hoper Marks; (5) use the Hoper Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Hoper’s sole discretion. If you create any materials bearing the Hoper Marks (in violation of this Agreement or otherwise), you agree that upon their creation Hoper exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Hoper Marks or derivative works based on the Hoper Marks. You further agree to assign any interest or right you may have in such materials to Hoper, and to provide information and execute any documents as reasonably requested by Hoper to enable Hoper to formalize such assignment.
Disclaimers, Limitation of Liability, Indemnity
The Hoper Rush Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Hoper Platform and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. In case the governing law of the given jurisdiction of operation does not allow the disclaimer of implied warranties, so these disclaimer may not apply to you.
Hoper does not provide cleaning/event services, and Hoper is not a cleaning/event contractor or firm. It is up to the Hoper Lady to decide whether or not to offer a requested service to a user contacted through the Hoper Rush Platform, and it is up to the user to decide whether or not to accept a service from any Hoper Lady contacted through the Hoper Platform. We cannot ensure that a Hoper Lady or User will complete arranged cleaning/event services. We have no control over the quality of the Services.
We do not warrant that your use of the Hoper Rush Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Hoper Rush Platform will be corrected, or that the Hoper Rush Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Hoper Rush Platform or Services.
We cannot guarantee that each Hoper Lady is who she claims to be. Please use common sense when using the Hoper Rush Platform and Services, including looking at the photos of the Hoper lady or user you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Hoper Rush Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Hoper Lady or User prior to engaging in an arranged cleaning/event help services.
Hoper is not responsible for the conduct, whether online or offline, of any User of the Hoper Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings of Hoper lady and/or user. By using the Hoper Rush Platform and participating in the Services, you agree to accept such risks and agree that Hoper is not responsible for the acts or omissions of Users and /or Hoper lady on the Hoper Rush Platform or participating in the Services.
Hoper expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Hoper Rush Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Hoper Rush Platform or through the Services. Please carefully select the type of information that you post on the Hoper Rush Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Hoper or made available through the Hoper Rush Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Hoper Rush Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Hoper Rush Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Hoper Rush Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Hoper, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Hoper Rush Platform. Any of your Information, including geo locational data, you upload, provide, or post on the Hoper Rush Platform may be accessible to Hoper and certain Users of the Hoper Rush Platform.
Hoper advises you to use the Hoper Rush Platform with a data plan with unlimited or very high data usage limits, and Hoper shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Hoper Rush Platform.
This paragraph applies to any version of the Hoper Rush Platform that you acquire from the most mobile platform: Apple App Store, Adroid, etc. This Agreement is entered into between you and Hoper. Apple or any other mobile phone platform is not a party to this Agreement and shall have no obligations with respect to the Hoper Rush Platform. Hoper, not Apple nor Android, is solely responsible for the Hoper Rush Platform .and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries ( mention others if they are ) are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
You will defend, indemnify, and hold Hoper including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Hoper Rush Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, without limitation, users, Hoper Lady and , as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Hoper Rush Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your provision of Services as a Hoper lady; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
8.3 Limitation of Liability
In no event will Hoper, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respectives officers ,directors, employees, agents, or shareholders (collectively “Hoper” for purposes of this section), be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages(including, but not limited t0, damages for deletion, corruption, loss of data, loss of programs,failure to store any information or any other content maintained or transmitted by the hoper rush platform, Service Interuptions, or for the cost of procurement of subsitute services arising out of or in connection with the Hoper Rush platform, the services, or this agreement, however arising including negligence, even if we or ur agents or representativeknow or have been advised of the possibility of such damages. THE Hoper Rush platform may beused by you to request and schdule cleaning and general services with third party providers, But you agree that Hoper has no responsibility or liability to you related to any services provided to you by third party providers other than as expressly set forth in these terms. You acknowledge and agree that the third party providers providing cleaning and general help services may not be professionally licensed or permitted.
TERMINATION OF AGREEMENT
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Hoper; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement. In addition, Hoper may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to perform the approved services under applicable law, rule, permit, ordinance or regulation; (2) you fall below Hoper’s star rating or cancellation threshold; (3) Hoper has the good faith belief that such action is necessary to protect the safety of the Hoper community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Hoper’s reasonable satisfaction prior to Hoper permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Hoper’s satisfaction, this Agreement will not be permanently terminated.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT PROVISIONS:
10.1Resolution of Dispute through Mediation prior to Arbitration:
If any dispute occurs between the parties relating to the application, interpretation, implementation or validity of this Agreement, the Parties agree to seek to first resolve the dispute or controversy through mediation with Canadian Arbitration Association before pursuing Arbitration or any other proceedings.
Nothing herein shall preclude any Party from seeking injunctive relief in the event that the Party perceives that without such injunctive relief, serious harm may be done to the party. Any Party to the dispute may serve notice on the others of its desire to resolve a particular dispute by mediation. The mediator shall be appointed by agreement between the Parties or, if the Parties cannot agree within fourteen days after receipt of the notice of intention to mediate, the mediator will be appointed by Canadian Arbitration Association. The mediation will be held at Toronto. The Parties agree to attempt to resolve their dispute at mediation. The costs of the mediator shall be shared equally by the Parties. If the dispute has not been resolved within 30 days of the notice of desire to mediate, any Party may terminate the mediation and proceed to arbitration as set out below.
Subject to the mediation provisions set out above, you and Hoper agree that if any dispute or controversy occurs between the Parties relating to the interpretation or implementation of any of the provisions of this Agreement, the dispute will be resolved by arbitration at Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration.
Any Party may serve notice of its desire to refer a dispute to arbitration. [The arbitration shall be conducted by a single arbitrator.]
By agreeing to the Terms, you further agree that you are required to resolve any claim that you may have against Hoper on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Hoper, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Hoper by someone else.
10.3 Agreement to Binding Arbitration between You and Hoper.
Subject to the mediation provisions and except as expressly provided in this agreement, you and Hoper agree that ALL DISPUTES AND CLAIMS BETWEEN you and Hoper (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND Hoper. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement (including the breach, termination, enforcement, interpretation or validity thereof), the Hoper Rush Platform, the Services, any other goods or services made available through the Hoper Rush Platform, your relationship with Hoper, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Hoper, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under any state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided in this agreement.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND Hoper ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.
This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
10.4 Arbitration to be conducted only on an individualized basis:
You acknowledge and agree that you and Hoper are each waiving the right to a trial by Judge or jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Hoper otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Hoper each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
10.4Rules governing the Arbitration:
Subject to the mediation provisions and except as expressly provided in this agreement, you and Hoper agree that ALL DISPUTES AND CLAIMS BETWEEN you and Hoper (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND Hoper at Canadian Arbitration Association (CAA) pursuant to the general Canadian Arbitration Association Rules for Arbitration.
Copies of these rules can be obtained at the CAA’s website (https://canadianarbitrationassociation.ca) and more specifically at: https://canadianarbitrationassociation.ca/arbitration/regular-arbitration/arbitration-rules/ (the “CAA Rules”) or by calling the CAA at 1-800-850-5154. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of CAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.
As part of the arbitration, both you and Hoper will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different parties.
Subject to the mediation provisions and except as expressly provided in this agreement, you and Hoper agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
10.5 Arbitrator’s Decision and Awards;
The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario).
The Arbitrator will render an award within the time frame specified in the CAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
10.6Cost and fees:
Your responsibility to pay any CAA filing, administrative and arbitrator fees will be solely as set forth in the CAA Rules subject to the following modifications:
If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection 10 below and are otherwise required to pay a filing fee under the relevant CAA Rules, Hoper agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $150, and that, after you submit proof of payment of the filing fee to Hoper , will promptly reimburse you for all but $150 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Rules of Civil Procedure’s Rule 2.1.01(1) – STAY, DISMISSAL OF FRIVOLOUS, VEXATIOUS, ABUSIVE PROCEEDING., then the payment of all such fees will be governed by the CAA Rules.
If Hoper initiates arbitration under this Arbitration Agreement, Hoper will pay all CAA filing and arbitration fees.
With respect to any Claims brought by Hoper against a Hoper Lady, or for Claims brought by a Hoper LADY against HOPER that: (A) are based on an alleged employment relationship between Hoper Lady and Hoper; (B) arise out of, or relate to, Hoper’s actual deactivation of a Hoper Lady’s User account or a threat by Hoper to deactivate a Hoper Lady’s User account; (C) arise out of, or relate to, Hoper’s actual termination of a Hoper Lady’s Agreement with Hoper under the termination provisions of this Agreement, or a threat by Hoper to terminate a Hoper Lady’s Agreement; or (D) arise out of, or relate to, charges/rates or service charges (as defined in this Agreement, including Hoper’s commission on the charges), tips, or average hourly guarantees owed by Hoper to Hoper Lady for Services, other than disputes relating to referral bonuses, other Hoper promotions, or consumer-type disputes , Hoper shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by Hoper pursuant to the fee provisions above). However, if you are the party initiating the claims as mentioned in this para(3) , you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Services to users, unless a lower fee amount would be owed by you pursuant to the CAA Rules, applicable law, or clause (1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator.
If the arbitrator issues you an award that is greater than the value of Hoper’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection 10.10 below, then Hoper will pay you the amount of the award or Canadian $1,000, whichever is greater.
At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
10.7 Location and Procedure:
Unless you and Hoper otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Hoper submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the CAA Rules. Subject to the CAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
A party who desires to initiate arbitration shall deliver a Notice of Arbitration to the other party and shall at the same time deliver a copy of the Notice of Arbitration to the Canadian Arbitration Association specified in the CAA Rules.
The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the Province of Ontario and will be selected by the parties from the CAA's roster of qualified arbitrators arbitrator, if available, in accordance with the appointing provisions in or applicable to the Arbitration Agreement. If the parties are unable to agree upon an Arbitrator within seven (5) days of delivery of the Notice of Arbitration or Arbitration Agreement and filing fee by the CAA , then the CAA will appoint the Arbitrator in accordance with the CAA Rules.
10.9Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
10.10Optional Negotiation Process prior to Mediation and Arbitration Process:
Before initiating any mediation and the arbitration or proceeding, you and Hoper may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Hoper. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in mediation or arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
In addition to connecting users with Hoper Lady, the Hope Rush Platform may enable Users to provide or receive goods or services from other third parties. For example, Users may be able to use the Hoper Rush Platform to order baby sitting or nursing services and the user will be responsible to verify, ensure and examine their legal qualification and requirement and professional skill to provide such services. You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Hoper Rush Platform, you authorize Hoper to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Hoper is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Hoper Rush Platform. You acknowledge and agree that the third party providers providing other services may not be professionally licensed or permitted.
This Agreement shall be governed by the laws of the Province of Ontario without regard to choice of law principles. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
You agree that this Agreement and all incorporated agreements may be automatically assigned by Hoper, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Hoper shall be given by certified mail, postage prepaid and return receipt requested to Unit 307, 1515 Britannia Road East, Mississauga, Ontario Canada L5V 1E6. Any notices to you shall be provided to you through the Hoper Rush Platform or given to you via the email address or physical you provide to Hoper during the registration process.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between you and Hoper with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
When you download or use our mobile application “Hoper Rush app”, or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services. Most mobile devices allow you to control or disable location services in the device's setting's menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or the manufacture of your particular device. We advised to keep the location services enable on your device, when you are using Hoper Rush app.