If you have any questions regarding this document, please contact: email@example.com or this postal address: Hop Hop srl, Avenue Marie-José 52, 1200 Brussels Belgium.
Valid from : 27/03/2020
The application and the website are owned and maintained by Hop Hop srl known under the trade name "HOP HOP", whose registered office is located at Avenue Marie-José 52, 1200 Brussels and registered with the Crossroads Bank of Enterprises (RPM Brussels) under number 0746 819 826, and with VAT BE0746 819 826 ("Hop Hop", "we", "our" or "us"
The following definitions apply to the entire TOS.
Unless otherwise required by the context, terms and definitions in the singular include the plural and vice versa.
Hop Hop operates the Platform, which allows Professionals to be put in contact with Customers, so that they can benefit from Services.
The purpose of the present general conditions of use is to define the terms of access and use of the Platform, as well as to define the rights and obligations of Hop Hop, the Professionals and the Customers in connection with the use of the Platform.
The TOS do not govern the contractual relationship between a Customer and a Professional for the realization of the Services. As an online platform operator, Hop Hop does not assume any obligation under the contractual relationship between the Customer and the Professional. The role of Hop Hop is limited to the provision of the Services.
The Customer may create its Account and register on the Platform by means of (i) the Site, during the process of reserving an Order or by clicking on "Create my account" in the "Login" tab or by means of (ii) the Application, during the process of reserving an Order.
The Customer must provide the information necessary for the creation of his Account during his first connection, and in particular his surname, first name, email address and home address. The Customer warrants to Hop Hop that he has the power and ability to create the Account and use the Services.
During the Account creation process, the Customer agrees to read the TOS when he materializes his consent to them by checking the box "I accept the terms and conditions of use". The Customer is free to accept or refuse the TOS.
Upon acceptance and/or at the end of the Order reservation process, the Customer receives an e-mail confirming the creation of the Account.
The Professional can register on the Platform and create his Account via (i) the Site, in the section dedicated to Professionals, or (ii) the Hop Hop Pro Application.
When first logging in, the Professional must provide the following information for the creation of his Account: his name, first name, VAT number, email address, date of birth, telephone number, address and field of activity among the choices offered. The Professional guarantees to Hop Hop that he has the power and ability to create the Account and use the Services.
During the Account creation process, the Professional agrees to read the TOS when he materializes his consent to them by checking the box "I accept the terms and conditions of use". The Professional is free to accept or refuse the TOS.
Upon acceptance, the Professional shall receive an email confirming the creation of the Account. This e-mail contains a PDF copy of the general terms and conditions of use that the Professional has accepted.
After the creation of his Account, the Professional is invited to provide his availability so that a telephone appointment can be arranged with Hop Hop.
In order to finalize the creation of his Account and to be able to perform Services, the Professional must provide Hop Hop with the following information in addition to the information initially provided :
The Professional understands and accepts that Hop Hop may subject the Professional to a telephone interview and a process of validation of skills, including the passing of a test. Hop Hop may refuse the registration of a Professional without having to justify itself to the Professional
To improve its operation and its quality, Hop Hop evolves the features and functionalities of the Platform and Services.
Hop Hop may unilaterally modify the TOS concerning the technical aspects of the Platform and Services if it does not result in an increase in price or alteration of quality and if the characteristics to which the User has subjected his commitment may have been included in the TOS.
For other changes to the TOS and Services, Hop Hop will inform the User, by any means, at least 15 days before their entry into force.
In the absence of objection by the User within this period, the modifications will be considered read and accepted. In case of objection or refusal, the TOS will be immediately terminated and the User must stop using the Platform and the Services, subject to the perfect execution of the obligations in force (in particular, the Users will have to honour the current Orders).
Access to the Platform and Services is exclusively reserved to Users. Each User understands and accepts that he or she is responsible for accessing and using his or her Account.
Except in case of technical failure attributable to Hop Hop or force majeure, each User is responsible for the confidentiality of his connection data and undertakes to implement all measures to ensure the security and confidentiality of connection data.
If User has reason to believe that his/her login information (in particular, User ID or password) has been lost, stolen, misappropriated or compromised in any way, or in case of unauthorized use of his/her Account, User must immediately notify Hop Hop.
In such a situation, the User authorizes Hop Hop to take all appropriate measures to prevent further access to the Account.
Customer may place Orders on the Site or the Application. The Customer must select one or more specific Services from the categories of Services offered and enter the desired date and time.
The Services can only be performed at the times indicated on the Site or the Application. The Services performed at certain times may be subject to an additional fee, as indicated on the Site or the Application at the time of the Order.
Before validating the Order, the Customer has access to a summary of the Order and can fill in special requests or give indications to the Professional who will be selected. The Customer understands and accepts that this information is given for information purposes only and that the Professional does not commit to it.
The Customer and the Professional may agree to modify an Order before the date of the Service.
After validation, the Order is transmitted, thanks to the Hop Hop algorithm, to the Professionals available and corresponding best to the Customer's request. Once a Professional has accepted the Order, it is considered validated.
Hop Hop selects a Professional for the Customer on the basis of a score that varies according to the following criteria:
The Services are also allocated according to the location of the Professionals and Customers.
When a Service proposal is received, the Professional is free to accept or refuse it, using the corresponding functionality on the Platform. After this period, the Professional will be deemed to have refused the proposal.
As soon as an Order is completed, Hop Hop solicits several Professionals. The Professionals solicited in priority are those with high scores on the basis of the above criteria. The more urgent the Order will be, the more quickly the Professionals will be solicited in order to satisfy the Order.
In the absence of a response from a Professional within a period of time that depends on the urgency of the Order, the Order is then offered to other Professionals until it is accepted by one of them.
When an Order is validated more than 14 days in advance in accordance with the above paragraph, the Customer benefits from the legally prescribed right of retraction. It is sufficient for it to cancel the Order on the Platform, using the corresponding functionality on the Site or the Application, and the Order shall be cancelled free of charge.
When an Order is made less than 14 days in advance, the Customer expressly waives its right of retraction, and the following rules apply:
Hop Hop does not intervene at the time of the Service, which is the sole responsibility and competence of the Professional.
At the end of a Service, the Customer evaluates the Professional through a scoring system. The evaluations are intended to be final and are only exceptionally deleted after an express request from their author.
The Professional also evaluates the Customer. The opinions left by the Professionals are not public.
The price of the Services is set by Hop Hop. The price of each particular Service appears on the Platform. The Customer must pay for the Services by credit card.
The remuneration of the Professional corresponds to the amount that is proposed to him before he accepts a Service. The remuneration of Hop Hop for the realization of the Services corresponds to the difference between the price accepted by the Professional and the price paid by the Customer.
The Customer understands and accepts that certain Services are subject to minimum Orders, as indicated on the Platform.
The total amount could be adapted with extra costs, as for example parking cost, or with additional services that the Customer asked for. In case of time based prices, the exact amount will be calculated at the end of the service according to the duration of the service, and possibly increased by spare parts or extra costs.
For the management of financial flows, Hop Hop uses Stripe, a payment service provider that markets a solution for managing payment flows between Hop Hop, Professionals and Customers.
The price of the Services is subject to a bank pre-authorization 24 hours before the start of the Service and is debited from the Customer within 24 hours of the Service being performed. The corresponding amounts are credited to the Professional's Hop Hop balance. Once a month, Hop Hop will transfer the balance of his balance to his bank account, free of charge. The Professional may decide at any time to transfer the balance of his balance to his bank account, Stripe then charges a payment fee of 0.25% and 10 cents.
Invoices for the Services provided to the Customer and invoices relating to the Services are available in the Customer's Account in the days following the performance of the Service. The Customer may also download the invoices enabling it to benefit from the personal services tax credit for eligible activities.
Invoices generated on behalf of the Professional under the billing mandate referred to below and invoices for the remuneration of the Services shall be sent to the Professional by email within 15 days following the completion of the Service.
The Professional gives expressly mandate to Hop Hop, which accepts it, to establish in its name and on its behalf, the invoices relating to the Services.
It is specified that the Professional retains full responsibility for his legal and fiscal obligations in terms of invoicing under the original invoices issued in his name and on his behalf by Hop Hop, in particular with regard to its obligations in terms of VAT.
The invoicing mandate is effective for the entire duration that the TOS are in force between the Professional and Hop Hop. Hop Hop and the Professional are each required to keep a copy of the invoices.
For the purposes of the mandate, the Professional shall provide Hop Hop with the following information, depending on his situation:
The Professional undertakes (i) to pay the value added tax for which it is liable, if applicable, (ii) to request and keep a copy of the invoices issued on its behalf by Hop Hop and (iii) to notify Hop Hop of any changes in the above information.
Hop Hop undertakes to make the Platform and Services available to Users and to make its best efforts to ensure its accessibility and proper functioning.
As such, Hop Hop undertakes that the Platform and Services are accessible 24/24h and 7/7d except in cases of force majeure or unpredictable and insurmountable behavior of a third party, and subject to possible breakdowns and maintenance and updating interventions necessary for the proper functioning of the Platform and the provision of Services.
Hop Hop makes available to Users a support service to answer questions and provide assistance in case of difficulty. For any question or request for information regarding the Platform or the Services, the User may contact Hop Hop by sending an email to the following address: hello@HopHop.me.
In case of a malfunction or anomaly disrupting the proper functioning of the Platform or Services, Hop Hop undertakes to make its best efforts to restore the situation.
Users acknowledge and agree that Hop Hop's liability is limited to its role as an online platform operator.
Under no circumstances shall Hop Hop be liable for the Services since, in its capacity as a digital intermediary, Hop Hop is not responsible for their realization.
In addition, Hop Hop is not responsible for momentary difficulties or impossibilities of access to the Platform, the Account or the Services if they are due to a fault of a User, circumstances beyond its control, force majeure, or which would be due to disruptions of the telecommunication networks or the inherent limitations of the operation of a service on the Internet.
In any event, in cases where the responsibility of Hop Hop could be engaged, it is limited to certain, direct and foreseeable damages. For the damages resulting from a failure of Hop Hop, the compensation due to the Users, in the case where its responsibility would be directly engaged and proven, will be strictly limited to the cost borne by the User.
The User expressly agrees to :
The Professional expressly undertakes to :
The User is responsible for his use of the Platform and Services, so that he is liable for any damage that he may cause as a result of his behaviour and any inaccurate, incomplete, and/or misleading information that he may provide when registering or if this information is not updated, for which he alone assumes the consequences.
More specifically, Users are responsible for :
the information that they choose to put online on their Account and that they disseminate using the Platform or the Services; and
the negotiation, conclusion and execution of the contracts which intervene if necessary between them for the realization of the Services, Hop Hop being only a digital platform of connection.
The GCU are concluded for an indefinite period and come into force as of their acceptance by the User.
Hop Hop may temporarily suspend a User's Account and access to the Platform without notice if the User has failed to comply with any of its obligations under the TOS. After a period of investigation during which Hop Hop Hop will verify the truthfulness of the alleged breach, access to the Platform may be restored or the TOS may be terminated in accordance with the provisions below.
Hop Hop and Customers may terminate the TOS at any time, by any means, without cause and without notice with respect to their contractual relationship.
Hop Hop and the Professionals may terminate the TOS by giving one month's notice per contract year (i.e. one month for the first year, two months for the second year and so on) by sending a letter or an email with acknowledgement of receipt, in the following cases:
In case of serious breach of any of the provisions of the TOS, Hop Hop or the Professional may terminate the TOS without notice.
The termination of the TOS shall not give rise to any compensation.
Hop Hop or the User at the origin of the termination undertakes to fully implement the commitments made before the termination.
The Professional is informed that his activity on the Platform generates legal, fiscal, social and administrative obligations, which he must fulfil in accordance with the applicable legislation.
The Professional is solely responsible for all declarations and formalities necessary for his activity and must comply with all the obligations incumbent upon him under Belgian law and/or the foreign legislation to which he is subject, and in particular the payment of social security contributions and contributions due by self-employed persons.
The Professional is notably invited to obtain information from the administrations concerned:
Hop Hop and the Professional exercise their activity in total autonomy and independence, each of them bearing the risks of its activity.
As an independent commercial Professional, the Professional is free to choose his days of activity and rest as well as to use the equipment of his choice to carry out the Services.
The Professional is not subject to any obligation of exclusivity towards Hop Hop. The Professional is free to enter into a contract(s) similar or equivalent to the TOS with any individual or legal entity, competitor or not of Hop Hop, but also to provide its services to its personal customers or to offer its services on other websites.
The Professional is not subject to any obligation of turnover or minimum level of activity.
When placing an Order on behalf of a third party, the Customer undertakes to inform the third party who will benefit from the Service(s) (hereinafter, the "Beneficiary") of these GCU and to have it accept them.
The Customer is responsible for the Beneficiary's compliance with the TOS. In the event of damage caused by the Beneficiary as a result of non-compliance with the TOS, the Customer agrees to indemnify Hop Hop against any action, claim or demand of any nature against Hop Hop by a Service Provider or any other third party.
Certain damages that may result from the Benefits are insured.
For more information on applicable benefits and exclusions, Users may consult the following page: https://HopHop.me
Services performed outside the Platform are not covered.
The Platform, the Site, the Application, the Hop Hop Pro Application and all of the elements that comprise them (hereinafter, the "Intellectual Property Elements"), including, but not limited to, software, structures, infrastructure, databases and content of any kind (text, images, visuals, logos, trademarks ...) operated by Hop Hop Hop are protected by all intellectual property rights in force.
Any User acknowledges and agrees that the Intellectual Property Elements, including all associated intellectual property rights, are the exclusive property of Hop Hop.
Any reproduction or representation, in whole or in part, of the Intellectual Property Elements, without the authorization of Hop Hop, is prohibited.
Likewise, the User agrees not to use, reproduce, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, transmit, distribute, or in any way exploit the Intellectual Property Elements without the prior written consent of Hop Hop.
Hop Hop attaches great importance to the personal data of Users and compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD).
In the event of a dispute between a User and Hop Hop, the Users and Hop Hop undertake to seek an amicable resolution. The status of Hop Hop being limited to its role of platform of digital intermediation, its responsibility could not be sought in the event of bad execution of a Service. However, in the event of litigation between a Professional and a Customer, Hop Hop will be able to play a role of intermediation for the purposes of reaching an amicable resolution of the litigation.
For any complaint, the User agrees to contact Hop Hop by e-mail at the following address: hello@HopHop.me
The current TOS replace any previous negotiations, declarations and agreements.
Should any provision of the TOS be wholly or partially invalid or unenforceable, the validity of the remaining provisions of the TOS shall not be affected.
The failure of Hop Hop or a User to exercise any of its rights under the TOS shall not constitute a waiver of such rights.
The TOS are governed and interpreted by Belgian law.
Any dispute or controversy relating to the validity, interpretation, execution and/or breach of the TOS shall be subject to the exclusive jurisdiction of the Commercial Court of Brussels, Belgium.
Valid as of: 01/01/2020
If you have any requests concerning your Personal Data or any queries with regard to these practices please us contact at firstname.lastname@example.org
You do not need to submit any of your Personal Data when browsing our Website. If you do not want us to process your Personal Data, please do not submit any of your Personal Data on this Website. Please note, however, that without your Personal Data, you may not be able to use some of the services offered by the Website. In order to use our App, you will need to submit some Personal Data, as set out hereunder.
Through our Website, we collect Personal Data from you through the use of online forms and every time you email us your details.
Through our App, we collect Personal Data from you when you create a user profile and every time you use our App.
When you use our Website or App, we may collect the following categories of Personal Data from you:
-Identification data (including your coordinates)
-Information about your computer or your mobile device (e.g. IP address or MAC address), which we can collect automatically from your computer or mobile device;
-The information you submit to us when you contact us.
When you use our Website or App, we may collect the following categories of Personal Data from you, depending on the capacity of the User:
-Identification data (including your coordinates): name and first name, email address, phone number;
-(Optionally) geolocalisation data;
-Information regarding your professional activity ;
-Information about your mobile device (such as: brand, model, operating system, MAC address, WiFi connections, network);
-Information from your mobile phone: contacts (optional), please note that for security reasons telephone numbers are converted into pseudonymised data through encryption;
-Data regarding your use of the Website or App;
-The information relating potentially to your Google or Microsoft account and calendar, Facebook and whatsapp accounts;
-The log files relating to your use of the Website or App and our services (for example last login).
At the time of collection of your Personal Data, we will indicate to you whether you are obliged to provide certain Personal Data in order to use our services and / or the Website or App. Please note that if you do not wish to provide us with such mandatory Personal Data (contractually obliged or by law), you will not be able to use the App or our services. Other Personal Data that is not mandatory may be provided by you voluntarily and is optional. If you do not wish to share this optional Personal Data, this will not affect your ability to use our services or the App.
Our Website and our App are primarily intended to provide a service that connects you with your Customers. When you provide us with your Personal Data we use it as indicated hereunder:
-The management, the operation and the improvement of a commercial application that puts Professionals and Customers in contact with each other;
-Managing our Website or App;
-Sending you or other persons using the App or Website promotional or informational messages about the App;
-Contacting you at your request to keep you informed of our activities;
-Promoting our services via a frame present on a third party website (widget) or by means of messages to interested persons in which we indicate that you already use our services. We can also use your Personal Data in e-mails inviting Users to reserve a Sitting through our App. You can let us know at any time that you no longer wish your Personal Data to be used for these purposes by sending an email to email@example.com.
-Promoting our services and certain user data on our Website. In order to promote better services, certain data are limited to the photo, first name, first letter of name, postal code and best comments.
-To make every effort to avoid or detect any fraudulent and / or illegal activities on the App or as part of our services;
-To maintain security and confidentiality on the Website and App and the use of our service;
-To know your preferences to allow us to better learn how you use our Website and App or our services.
In order for you to enjoy the gifts and promotion offered by our reliable business partners, we may share certain Personal Data with these partners. However, we are not responsible for the subsequent use made by these partners of your Personal Data. To learn more about their use of your Personal Data, please refer to the privacy policies of these business partners. We will not retain your Personal Data longer than is necessary for the proposed purpose of processing of your Personal Data as stated in this Policy. When we do not have a legitimate business need to process your Personal Data, we will delete them or make them anonymous, or if this is not possible (for example, your Personal Data has been stored in backup archives), we store them safely and isolate them from further processing until removal is possible.
Your Personal Data is processed for the purpose of fulfilling the contractual obligations of HOP HOP related to the services offered, as well as for the legitimate interests pursued by HOP HOP to ensure the legitimate expectations of other Users in terms of security and trust. In this case, we take care to preserve a proportionate balance between your fundamental rights and the legitimate interest of HOP HOP and its community of Users.
In addition, we may also process certain Personal Data with your prior consent.
We may transmit your Personal Data to other Users to enable them to contact you via the Website, App and other communication tools.
We may transfer your Personal Data to our business partners in the context of promotional campaigns in accordance with what is stated here above. However, we do not share your Personal Data with other third parties outside our company without your prior consent.
We will only disclose Personal Data to government bodies and law enforcement agencies, if (i) required by law or (ii) to comply with judicial requests or (iii) to protect your vital interests or those of any other person. We may also share Personal Data with external service providers which we use to help us offer the data processing services or who process the Personal Data for purposes described in this Policy, or which are notified to you when collecting your Personal Data. This concerns communications with third-party providers as well as other service providers we use as part of the services they provide to us, including support in areas such as the development of the Website and App, the payment, hosting or bill processing.
Some of the service providers we use may be based in countries outside the European Economic Area ("EEA"). In such circumstance, we shall comply with all applicable laws and take steps to ensure that your Personal Data receive the same level of protection as within the EEA, that is to say, they are stored and used according to our instructions and this Policy and for the purposes we told you at the time of collection of your Personal Data.
In addition, we may transfer your Personal Data to (i) our auditors, advisors, legal representatives and similar agents in the course of providing consulting services to us for legitimate business purposes and pursuant to a contractual prohibition to use the Personal Data for other purposes or (ii) a potential buyer (and its agents and advisors), in connection with a proposed purchase, merger or acquisition of a part of our business, provided that we inform the buyer that he / she must use your Personal Data only for the purposes described in this Policy.
Since the Internet is a global environment, using the Internet to collect and process Personal Data necessarily involves the transmission of data across international boundaries. Therefore, by browsing the Website or the App and by providing us Personal Data, you acknowledge our processing of your Personal Data on this basis.
This means that your Personal Data may be transferred and processed in countries other than the country where you reside. These countries may have data protection laws that are different from the laws of your own country (and, in some cases, may not be as protective). More specifically, our servers are located in the EEA and our service providers and partners operate across the globe. This means that when we collect your Personal Data, we can process it in all those countries. However, we have taken appropriate safeguards to require that your Personal Data remain protected in accordance with this Policy.
The Website or the App may contain hyperlinks to websites or apps owned and operated by third parties. These websites or apps have their own privacy policies and we urge you to review them. They will govern the use of Personal Data you submit whilst visiting these websites or apps.
We do not accept any liability for the privacy practices of such third party websites or apps and your use of such websites or apps is at your own risk.
We maintain appropriate security measures to protect the Personal Data you provide to us through our Website or our App against unauthorized disclosure, use, alteration, or destruction of the Personal Data. Please note, however, that perfect security does not exist on the Internet. Therefore, while we endeavour to protect your Personal Data, as soon as Personal Data are transferred over the Internet they may potentially be accessed and used by unauthorised parties.
Under current data protection laws, you have the following rights:
-You may access the Personal Data that HOP HOP holds about you and, in accordance with the applicable data protection legislation, oppose the processing of your Personal Data for reasons relating to your particular situation and ask us to limit the processing of your your Personal Data;- In addition, in certain circumstances, you have the right to request the portability, correction or deletion of your Personal Data. Please note that regarding the right to portability, it is strictly limited to Personal Data justified by the contractual necessity arising from the relationship between HOP HOP and the User and the Personal Data processed by HOP HOP with your consent. It is important that the Personal Data we hold about you is accurate and up-to-date. It is also your responsibility to ensure that your Personal Data is as accurate, complete and up-to-date as possible. Please keep us informed if your Personal Data changes during your relationship with HOP HOP;
-If we have collected and processed your Personal Data with your consent, you may withdraw your consent at any time. The withdrawal of your consent will not affect the lawfulness of any processing we have performed prior to such withdrawal and will not affect the processing of your personal data on the basis of lawful grounds other than consent.
-You have the right to refuse HOP HOP communications that we send you at any time. You can exercise this right by clicking on the link "unsubscribe" or "waiver" in the advertising emails we send you.
-If you have a complaint or concern about how we handle your Personal Data, we will endeavor to address those concerns. If you believe that we have not sufficiently taken into account your complaint or concern, you have the right to complain to a data protection authority about the collection and use we make of your Personal Data. For more information, please contact your local data protection authority. (The contact details of the data protection authorities of the European Economic Area, Switzerland and certain non-European countries (including the United States and Canada) are available here.)
In order to create a certain level of trust and to maintain a minimum security among Users, as well as to detect possible fraud or illegal behavior (for example: inappropriate conduct, harassment, theft, etc.), HOP HOP reserves the right to retain certain relevant Personal Data (such as last name, first name, phone number, e-mail and notes and comments) despite your request to delete your Personal Data in the following cases: When the HOP HOP support team, based on serious, objective and concordant information, has reported you in the event of a complaint, negative comment or legitimate suspicion of misconduct.
You can access and delete your Personal Data on the Website or App at any time.
To do this, you must login to your private HOP HOP account and access your account settings.
Please send your request to exercise your data protection rights as explained above, to firstname.lastname@example.org by attaching a copy of your identity card (only verso). Please note that requests are free of charge and that we will respond in accordance with the applicable data protection law within 1 month of receipt of the request. However, in the case of a complex request, this period may be extended by 3 months (we will notify you of this extension of time by email after receipt of your request).