PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE UPON WHICH POP OFFERS YOU ACCESS AND USE OF OUR SERVICE (DESCRIBED BELOW). THIS INCLUDES IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AS WELL AS CERTAIN EXCLUSIONS AND LIMITATIONS.
These Terms of Service apply to all services provided by HitchPlanet Online Inc. (a company registered in British Columbia, Canada and incorporated on November 5, 2014 under the BC Business Corporations Act with Certificate of Incorporation 825925183BC0001) whose registered office is at 2993 Alberta Street, Vancouver, BC V5Y 3Z2 Canada.
HitchPlanet Online Inc. operates the Pop Rideshare service (hereinafter referred to as “Pop”, “we”, “us”, or “our”) and which provides an online platform that connects drivers who have empty seats in their vehicle and will be making a trip, with individuals who are seeking to make the same trip and are seeking a means of transportation (collectively, the “Services”), which are made available through our Website at www.poparide.com, pop.quebec and any other Subdomains or Mobile Applications which Pop makes the Services available through (collectively, the “Service”). By using the Service you understand and agree to be legally bound by these Terms of Service (“Terms of Service”) whether you register to use the Service or not. Please read carefully as these Terms of Service govern your access and use of the Service, and all User (described below) and Pop content. If you do not agree with the Terms of Service then you have no right to continue using or accessing the Service and all User and Pop content. Failure to abide by the Terms of Service as hereby stated may subject you to civil and criminal penalties.
The Service is offered as an online platform through which Drivers (defined below) and Passengers (defined below) may post and arrange Trips (defined below) for Ridesharing (defined below) purposes directly with each other and in a strictly non-commercial or professional context. By proceeding to use and access the Service you confirm that you acknowledge that Pop is in no way a party to any agreements entered into between Drivers and Passengers, and has no control over the conduct of Drivers, Passengers or Users of our Service. You understand that Pop is not an insurer, agent or broker, and you disclaim us of all liability in this regard to maximum extent permitted by law.
A “User” is a Driver, a Passenger, both or any other registered user of the Service.
A “Driver” is a person using the Service and offering spare seats in their vehicle to share with other Passengers.
A “Passenger” is a person using the Service and booking seats in a Driver’s vehicle.
An “Account” is created by a User to access the Pop service.
A “Trip” occurs between an origin and a destination at a given date and time and includes details such as a pick-up, drop-off, space for personal items and seats available. A Trip is created and maintained by a Driver.
A “Booking” refers to the act of paying the Contribution for a Trip through the Service before the Trip happens.
A "Request” is posted by a Passenger looking for a Trip between an origin and a destination at a particular date.
A “Contribution” or "Trip contribution" refers to a sum of money agreed and paid by the Passenger to the Driver to cover the costs of a particular Trip and can’t accrue profit for the Driver.
A "Booking Fee” is a service fee of 15% added atop of a Contribution and paid by the passenger when Booking on a Trip.
A “Payment” refers to the total amount of money paid by a Passenger when Booking on a Trip (Contribution + Booking Fee).
A “Payout” refers to the money accrued from a Booking on a Trip and sent back to the Driver using their preferred payout method.
“Taking a ride”, “Rideshare” or “Ridesharing” refer to the act of sharing a Trip in a vehicle amongst a Driver and Passenger(s) in exchange for a Contribution.
Pop reserves the right, at its sole discretion, to modify the Service or to modify these Terms of Service, including the Booking Fee, at any time and without prior notice. If we modify these Terms of Service, we will either post the modification on the Website or via the Mobile Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms of Service. By continuing to access or use the Service after we have posted a modification on the Website or via the Mobile Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Service.
The Service is strictly limited to providing a Service for Drivers and Passengers to Rideshare in a private capacity. The services may not be used to offer or accept car sharing for profit or in any commercial or professional context.
Drivers may not profit from any Trip. The Service and the cost Contribution may only be used to discharge the Driver’s costs and may not be used to generate any profit for the Driver. The Driver is not entitled to make profit by virtue of the amount of the Trip Contribution, the types of Trips offered by a Driver, the frequency of such Trips or the number of Passengers transported. This applies to all activities, arrangements and services booked using the Service and any additional services or activities which may be agreed between Driver and Passenger.
The Driver must not provide additional services to any Passenger for profit or gain (and the Passenger may not accept or ask for any such services) including (without limitation) package delivery, waiting time, additional drop offs and pick-ups and collecting additional passengers (other than the Passenger).
All Trips, collection points and destinations must be pre-agreed through the Service in advance. Drivers may not collect any Passenger from any location which has not been pre-agreed with the Passenger through the Service.
Users are reminded that using the Service in a commercial or professional capacity may invalidate a Driver’s insurance. Pop’s liability is limited in accordance with these Terms of Service and in particular Pop is not liable in respect of any breach of any agreement between Users or breach by a User of these Terms of Service including where any Driver (in breach of these Terms of Service) offers services through the Service in a professional or commercial capacity (thereby potentially invalidating their insurance). It is up to Users to be vigilant in ensuring that services are not provided on a commercial basis.
Pop doesn’t provide transport services. The Service is a communications platform for Users to transact with one another. Pop does not interfere with Trips, destinations or timings. The agreement for Ridesharing is between the Driver and the Passenger. Pop is not a party to any agreement or transaction between Users, nor is Pop liable in respect of any matter arising which relates to a Booking between Users. Pop is not and will not act as an agent for any User.
Any breach of these Terms of Service will give rise to immediate suspension of a User’s account and they may be restricted from accessing any further services.
Pop offers a Rideshare service which allows Users to contact each other to arrange a Rideshare. The Passenger will contact the Driver directly to arrange a Rideshare and any conditions of travel (including size of luggage, equipment, etc).
The eligibility of a User to use the Rideshare service is to Pop’s discretion and as such Pop reserves the right to withdraw that service from any User at any time.
Each User of Pop is asked to create an Account to access the Rideshare service. To create an Account, you must:
When creating your Account, you agree to provide accurate and true information, and to update it through your profile or by notifying Pop.
You agree to be the sole owner of your Account, and to not share its access with anyone.
You agree that all representations, communications, bookings, payments and the use of any of the other features provided by Service are only made by you, and never by a third party, or on behalf of a third party.
You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created by you.
The Driver proposes Trips on the Service by providing the origin and destination, date and time of departure, seats available and any other relevant information.
The Passenger may book one or more seats from the Service only by performing an online payment with a valid credit card. The payment is received by Pop and constitutes a Booking on the Trip.
After performing a successful Booking on a Trip, the Driver and Passenger are bound to that Booking and any cancellations are subject to the Cancellations terms listed below in Section 4.4.5
The Driver and Passenger are informed of the Booking by emails respectively sent to their email address by Pop. The Booking is only valid under the User’s registered name on the Service and is void under any other name. The Driver is subject, upon a Booking placed by a Passenger, to complete the Trip as agreed by each party. The Driver must ensure there are enough seats in their vehicle to comfortably accommodate each and every Passenger with a seatbelt.
All Payments and Payouts on Pop are processed in Canadian Dollars (currency symbol $CAD).
In the scope of the Rideshare service with Bookings, Pop collects a service fee on each Booking.
The Booking fee is added during the online payment process to the Trip Contribution as specified by the Driver to cover their driving costs.
The Booking fee equates to 15% of the total Trip Contribution.
After a Trip, the Payment made by a Passenger goes through a clearing period of four (4) days. During this clearing period, Passengers have the opportunity to dispute their Booking on the Trip. In the absence of a dispute during this clearing period, the Payment is cleared on the fourth (4th) day.
Once the Payment is cleared, the Contribution portion of the Payment (the Payment minus the Booking Fee) is ready to be sent out to the Driver as a Payout.
At this point, the Driver must have a valid Payout Method set in their Pop account. The Driver may choose to receive Payouts using two Payout Methods:
(i) Into their bank account by entering their bank account details on their Pop account
(ii) Into their Paypal account by linking their Paypal account to their Pop account
Bank account payouts can only be processed to Canadian bank accounts in $CAD, and Paypal payouts can be processed in both $CAD currency and foreign currencies. For payouts in foreign currencies on Paypal, an exchange rate applies.
Once a valid Payout Method has been entered by the Driver and the Payment has passed the clearing period, a Payout is ready to be sent to the Driver. Payouts are sent to Drivers once per day.
After a Payout has been sent to a Driver, there are additional Processing Times for the Payout to reach the Driver’s preferred Payout account, depending on the selected Payout Method:
(i) For bank accounts: estimated 2-8 days
(ii) For Paypal: estimated 0-2 days
Bank accounts and Paypal Payouts are the only two Payout Methods supported by Pop. Pop does not use any other Payout Methods. Pop reserves the right to add additional Payout Methods in the future.
If a valid Payout Method isn’t entered within twelve (12) months of the Payout being created, the Payout is forfeited and funds are deemed to belong to Pop.
a) Turn up to the pick-up point on time. If the Driver fails to do so, or in the event of a cancellation, Pop reserves the right to keep the information regarding the cancellation in the database and to publish that information on their User profile to indicate their reliability to other Users of the Service. Pop also reserves the right to remove a User for failure to fulfil their obligations on a Trip.
b) To inform the Passengers booked on a Trip of any modifications to the Trip’s details and get their permission to amend those details. If a Passenger refuses a change on that Trip, they are in full right to cancel their Booking without fees and without any Contribution going towards the Driver’s costs.
c) To wait for the Passenger at the pick-up point for up to 15 minutes past the agreed upon Trip time.
A cancellation by the Driver or the Passenger after a Booking and payment have been placed is subject to the following rules:
In the event of a cancellation, the seats freed up by the Passenger on the Trip are offered to other Users of the Service and subject to the Booking and Cancellations policies in this document.
A Driver or Passenger have four (4) days after a Trip was scheduled to depart on the Service to dispute a Booking, Cancellation or Payment that would result in the Driver receiving a Payout, as per section 184.108.40.206. If there has been no dispute from the Driver or Passenger within four (4) days after the Trip was scheduled to depart on the Service on any Bookings, Cancellations or Payments on that Trip resulting in Contributions for the Driver, or the Passenger has indicated the Trip has successfully happened through the Service or through any other communication channels, including our Support channels or any other online or offline communication channels, inside or outside the scope of our Service, the Payment to the Driver will proceed as per usual and under the rules defined in this Section.
A Driver or Passenger may raise a dispute for a Booking within the four (4) day dispute window by using the review system provided by the Service.
Beyond the four (4) day dispute window after a Trip was scheduled to depart on the Service, we will not process a refund to the Passenger or Driver.
To collect payments, the Service uses Stripe, a third-party, secure online payments gateway. Stripe is certified to PCI Service Provider Level 1, the most stringent level of certification. Your credit card information is kept safely with Stripe and no sensitive information hits the Pop servers.
By using Pop, you agree for Stripe to securely store and retrieve your personal credit information as depicted in the Stripe terms of service.
Once your money is processed with Stripe, it is deposited in a Royal Bank of Canada account under the name of Pop.
The payments for Contributions placed through the Service’s Booking service and owed to Drivers might accrue interests over time if they are not distributed in a timely manner. This might happen under exceptional circumstances. The User agrees never to claim any interest accrued on any payment they are due.
Users agree to respond to any demand from Pop, the bank or any legal entities with regards to preventing or fighting fraud and/or money laundering. In particular, Users agree to comply with such requests by supplying valid identification documents. In the event of an immediate response to such requests, Users agree in advance to allow Pop to freeze any funds they might be owed in relation to any Trips or Bookings on the Service or/and to restrict their access to the Service.
The Driver takes the responsibility to insure their vehicle as per the laws in effect and to check the validity of their insurance before every Trip. The Driver must also have a valid driver’s licence.
For information, it is generally accepted that Passengers contributing to the cost of a Trip are covered under the terms of insurance policies in North America.
It is each Driver’s and Passenger’s responsibility to verify with their insurance company they are covered while Ridesharing.
For Drivers with company issued vehicles, it is also their duty to check their insurance policies cover all Passengers on a Ridesharing Trip.
Both Driver and Passenger are informed of the possibility for their insurance companies to refuse to cover the damage caused in a possible incident while using a private vehicle for commercial purposes as depicted in Section 3.1.
The User accepts the full financial responsibility for any uncovered insurance claims that might result from an accident, and agrees that Pop is in no way liable.
Pop reserves the right to suspend at any time a User’s account and withhold any outstanding payments in suspicion or acknowledgement of the User practicing any commercial activity related to the Service, as described in Section 3.1. Pop also reserves the right to communicate any illegal professional activity through the Service to the relevant authorities.
Pop provides a contact form for Users to report any conflicts and resolve litigations. This form is destined, in particular, to help Users resolve litigations around Bookings and cancellations.
Pop does its best to address all demands in a timely manner but has no obligation to solve all conflicts that arise on the Service between Users.
If a litigation goes unsolved between Driver and Passenger, Pop reserves the right to withhold any outstanding money paid by the Passenger until an agreeable solution is found between Passenger and Driver or a legal decision is imposed.
Verification is available from the Pop Service.We reserve the right to expand or limit the availability of our verification or terminate the verification program at any time.
Pop is very concerned with safeguarding your information. When you enter sensitive information (such as a digital copy of your identity documents: driver's license, ID card, passport or any other form of ID) on our verification form, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Service, you can contact us.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on the Service and application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
We ask Users to verify identity by linking:
We do not investigate any User's reputation, conduct, morality, criminal background or any other information. You are responsible for exercising common sense when determining the suitability of other Users of the Service. Be smart, be safe.
Information collected by Pop during the verification process will not be sold, shared or rented to others. Changes to the verification will be communicated via notifications on the Service, our newsletter or email updates.
The files collected as part of the verification process on the Service will be used for manually verifying validity of details provided. Once the information has been verified, we will destroy any document you might have uploaded to our server (photo or scan of passport, ID card, driver's license) within 7 days of verification. The documents might stay in backup files for up to 30 days, and then destroyed forever. We do not keep any other copies of your personal files anywhere, in accordance with Canadian Law.
The information in the files collected will not be copied to text or stored in our database. We merely use the process to visually verify identities and do not store the information present on the documents on our servers or in our database.
Applying and becoming an Ambassador is available from the Service. MINORS MAY NOT USE THIS SERVICE. You must be at least 19 years old to apply to become an Ambassador. By applying to become an Ambassador, you represent that you are over 19. We reserve the right to expand or limit the availability of our Ambassador program or terminate the Ambassador program at any time.
Pop is very concerned with safeguarding your information. When you enter sensitive information (such as your phone number or address) on our Ambassador Application Form, we follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Service, you can contact us.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on the Service in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
The Pop Ambassador program uses an application process to determine your eligibility to join the program. Spots in our Ambassador Program are limited and we use our own judgment to access or refuse your application at our discretion. The vetting process to become an Ambassador may be delayed by other activities and we do not have a set timelines to review Ambassador applications. If your application is denied, we are not obliged to inform you of our decision but do contact us if your application is pending. Applications are reviewed on a first-come-first-served basis.
We ask Users to become a voice for Pop when they are validated as an Ambassador through our Ambassador program. As an Ambassador, you are responsible for exercising common sense when determining the suitability of providing us with in-kind marketing, word-of-mouth and any other methods of communicating how our service works. We encourage you to communicate directly with potential drivers or Passengers in real life to help spread the word organically.
We also ask you to use your common sense when distributing marketing material on our behalf: posters, stickers, t-shirts, etc. Do not post material on private or public property in a way that is damaging. Do not use our material in a wasteful fashion that could impede the image of the Pop brand. Failure to respect the latter rules of common sense will result in the termination of your status as an Ambassador and potentially your use of the Service.
Our Service being a facilitator, and as you being part of the Ambassador program and an advocate for the Service and Pop, in the event of a dispute related to Pop between you and another individual or business, you release us (and our affiliates) from claims, demands and damages (actual or consequential) of any kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out or in any way connected with such disputes.
The Referral program is available from the Service. MINORS MAY NOT USE THIS SERVICE. You must be at least 19 years old to use the Referral program. We reserve the right to expand or limit the availability of our Referral program or terminate the Referral program at any time.
The Pop Referral program permits Pop Users to earn Promo Codes by referring to Pop first time, new Users who create an account on Pop and get activated by placing a Booking on a Trip for the first time and successfully completing that Trip. A “Completed” Booking is a Booking that is accepted by the Driver and paid for by the Passenger and which is not cancelled or disputed by either the Driver or the Passenger at any time before, during or after a maximum of 7 days after the Trip’s scheduled departure date on the Service.
Referred Users will be attributed a Promo Code by a Referring User through an invite.
Referring Users can only get a Promo Code for the first 500 Referred Users (i.e., the first 500 Users they Referred under this Referral program) who Complete their first Booking in line with these Terms.
To participate, Referring Users must agree to these Terms.
You agree to (i) use best efforts to refer Referred Users that will successfully book on a Trip; and (ii) educate Referred Users on how to use the Pop platform, including how to make Bookings through the Pop platform, by pointing them to resources at poparide.com. You may not represent yourself as an employee, intermediary or agent or as being authorized to bind the Company. You may not create materials (including business cards, websites or email addresses) bearing Company branding or that imply any affiliation or agency relationship between you and Pop. However, you must state that you are a Referring User who is encouraging People to Book on Pop.
You agree and represent that you will use referral methods and techniques that people will appreciate and that are legal. You should only contact people who have given you their consent to be contacted. You agree and represent that you will always be mindful to respect the privacy of others (i.e. do not spam), be honest, open, and transparent about who you are and what you are offering (i.e. do not mislead).
You agree that you will not set up accounts, place Bookings or create Trips on behalf of Referred Users and that you will not be eligible for Promo codes if you are in breach of these Referral program Terms.
You will receive a 5 CAD Promo Code for the first booking Completed by a Referred User. The Referred User will receive a 5 CAD Promo Code upon Signup for being Referred by you.
The Referred User has 21 days from the date they are invited to complete their first Booking in order to receive the Promo Code.
No Promo Code will be granted for Bookings done by current or former Pop Users, or for bookings made by family or friends of the Referred User. All Referred Users must be new, first time Users. A Promo Code cannot be used to book on the Referrer’s Trip.
Promo Codes will be issued within 7 days of each qualifying event and will be redeemable through the Service for 6 months after they are issued.
Whether a Promo Code is due shall be a decision made in the sole discretion of Pop. Pop reserves the right to any remedy, including denial of a Promo Code, withholding of a Driver Payment or cancellation of an account, if fraud, tampering or other violations of Pop’s Terms of Service or these Terms are suspected.
You acknowledge and agree that it is a fundamental term and condition precedent of your participation in the Referral program that you are not an employee, intermediary or agent of the Company, and you will not hold yourself out as, or give any person reason to believe, that you are an employee, intermediary or agent of the Company. You agree nothing in your participation will be construed as establishing an employment or agency relationship between Company and you. Accordingly, you have not at any time been and are not entitled to, and hereby irrevocably waive any right or claim to, the benefits provided by the Company to its employees from time to time, including vacation time, benefits, salary, bonus, stock or stock options, profit sharing, insurance, or medical and health benefits. The Company will not carry any liability or other insurance on behalf of you or in your favor.
You will defend, indemnify and hold Pop harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from your negligence or intentional misconduct with respect to your participation in the Referral program.
Pop may terminate your participation in the Referral program at any time, for any reason or no reason. The rights and obligations of the parties under these Terms will survive the expiration or termination of this Agreement.
In no event will Pop be liable for any special, incidental, punitive, exemplary or consequential damages of any kind in connection with this Agreement, even if the Company has been informed in advance of the possibility of such damages.
Pop reserves the right, at its sole discretion, to modify the Referral program at any time by posting an update on this page. By continuing to use the Referral program, you agree that the Terms are acceptable to you and binding on you. If the modified Terms are not acceptable to you, your only recourse is to cease using the Referral program and to terminate your Program participation.
We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. Our Service is designed to allow Users to only post details regarding Trip dates and locations. We may collect other personal information from you that we do not post on our Service.
In using our Service, you may be exposed to content from other Users or third parties ("Third-Party Content") either on our Service or through links to third-party websites. We do not control and have no responsibility for Third-Party Content. You must evaluate and bear all risks associated with Third-Party Content.
You may have to enter an email and password as part of the registration process. You are solely responsible for the confidentiality and use of these. You must notify us immediately of any unauthorized use of your login details or any other breach of security.
We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms of Service) with or without prior notice and at any time, terminate your access to the Service.
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Service.
You shall use the Service in a manner consistent with any and all applicable national and international laws and regulations.
We shall not be liable for damages of any kind (including but not limited to direct, indirect, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to a) the user or inability to use our Service b) the cost of replacement of any goods, services or information obtained as a result of our Service c) disclosure of, unauthorized access to or alteration of your content d) damages for loss or corruption of data or programs, service interruptions or procurement of substitute services, even if we know or have been advised of the possibility of such damages e) your or anyone else's conduct or acts in connection with the use of the services, including without limitation, bodily injury, emotional distress, death or any other damages resulting from communication or meeting with other registered users or persons introduced to you via registered users, whether online or offline) any other matter arising from, relating to or connected with our services or these terms. Pop's liability to any User’s claim won’t exceed the maximum amount of $25.
You shall defend, indemnify and hold us harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Service. If you are obligated to indemnify us, we will have the right, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
If you feel that a Driver or a Passenger has acted inappropriately including but not limited to offensive, violent or sexually inappropriate behavior, or engages in other disturbing conduct, you must immediately report such person to the appropriate authorities and to us by contacting us, providing that your report does not obligate us to take any action or cause us to incur any liability.