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Terms and Conditions

Last updated on:

1st April 2019

As a “User” of this Hop Express application, you hereby agree and conform to the following terms of use:
1. Definition
1.1. “Hop Express” refers to Hop Express Thailand Co.,LTD., a company incorporated in Thailand with its registered office at 282/5 Building E, Rama 9 road, District/Sub-district Huaykwang Bangkok Thailand 737
1.2. “Participating Drivers” refers to drivers who have agreed to accept bookings through the Services offered by Hop Express.
>1.3. “Services” refer to the operations managed by Hop Express to distribute your details and details of your proposed journey or delivery by vehicles submitted to Hop Express through the software to participating drivers for their acceptance and to provide you with other information on the relevant participating drivers, the journey or delivery, and on your use of the services.
1.4. “Shipment” means all packages, parcels, delivery items or any part of the articles therein or Containers thereof that travel under one delivery request, proposed journey, consignment note and/or invoice and which may be carried by any means Hop Express chooses, including by land transportation or any other carrier. The service to be provided by Hop Express is limited to the pickup, transportation and delivery of the shipment. Customer acknowledges that shipments may be consolidated with those of other requestor. Every shipment is transported on a limited liability basis as provided herein.
1.5. “Terms and Conditions” refers to the terms and conditions that apply to the services as set out on “www.Hop.Express” and may be amended from time to time without prior notice.
2. Charges
2.1. Total charges for an order comprise of the standard transport fee and any additional charges.
2.2. Standard transport fee includes the transportation of the shipment within the specific dimension and quantity to the recipient. Please refer to the latest pricing, dimension and quantity guidelines posted on https://www.Hop.Express and/or the Hop Express app. The guidelines may be amended and updated at our sole discretion from time to time without prior notice.
2.3. No hard-copy receipt will be provided. An electronic receipt will be automatically provided only upon request after completion of an order, sent to an email address provided by the User.
3. User’s Obligations
3.1. The User warrants that he is either the Owner or the authorised agent of the Owner of the goods, and that he is authorised to accept and is accepting these Conditions not only for himself but also as agent for and on behalf of the Owner of the Goods.
3.2. Hop Express Thailand is responsible for all processed transactions that is matched and paid for through the payment methods made possible through the Hop Express platform. The User shall give to the Participating Drivers sufficient, accurate and executable instructions. Any extra costs arising from the difference between the provided information and actual situation shall be borne by the User. Any amendment or change in order pricing is to be abided by, approved and updated in the Hop Express application. Any dispute management, refunds, cancellation or amendment to processed payments must be informed and directly managed by the Hop Express team.
3.3. The user warrants that he has complied with all laws and regulations relating to the nature, condition, packaging, handling, storage and carriage of the goods. User shall not dispatch and participating drivers reserve the right to refuse any articles that are prohibited by law, dangerous or hazardous materials, perishable substances, and radioactive material. The user is liable for any loss or damage suffered by any third party as a result of any breach of the terms. Participating drivers will not open and inspect the shipment, and bear no responsibility in any legal liability resulting from the transportation of the shipment.
3.4. User shall ensure that shipment is adequately packed to protect against damage in the course of transmission, and also that no part of the shipment may be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced part.
3.5. User shall ensure that the shipment is properly packaged so as to protect against damage to the shipment during the course of delivery, and:
3.5.1. In the case of a shipment is of a fragile nature, that shipment shall be packaged in a case or container of sufficient durability and strength and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container such that the shipment is guarded against damage that may result from any force, pressure or blows to which delivery items are ordinarily subject during the course of delivery and that such shipment shall bear the word “FRAGILE” prominently displayed in capital letters on the face of the case or container and above the address of the named addressee; and
3.5.2. in the case of a shipment which is susceptible to damage by bending, that the shipment shall be packed in a case or container of sufficient durability and strength to prevent the shipment from being bent or otherwise damaged during the course of delivery and such case or container shall bear the words “DO NOT BEND” prominently displayed in capital letters on the face of the case or container and above the address of the named addressee.
3.5.3. In addition, all secondhand items will not be applicable for compensation.
3.6. Hop Express shall not be responsible to provide a protective service for the transportation of perishable commodities or commodities requiring protection from heat or cold. Such commodities will be accepted for transportation solely at the customer’s risk for any damages arising from the transportation.
3.7. The user shall provide in respect of each shipment all necessary information, including without limitation:
3.7.1. The user’s name, address (including the postal code) and telephone number;
3.7.2. The addressee’s name, delivery address (including the postal code) and telephone number;
3.7.3. Special precautions to be taken in respect of the shipment e.g. “FRAGILE”, “PERISHABLE”, “DO NOT BEND” etc.;
3.7.4. For our cash on delivery service, please input your amount to be collected in the remark’s box for smoother and faster fulfillment.
3.8. In the event that the recipient is found to be absent from the address specified by you and no other person is present to take the shipment, the delivery provider will contact you as the delivery requester to request further instructions on how to proceed. In the event delivery requester cannot be contacted either, your items will be delivered to Hop Express’s office and the charge for this trip will be borne by the delivery requester. Should a redelivery of items be needed, a new delivery order will have to be placed. We reserve the right to suspend, restrict or terminate your access to Hop Express and the services at any time without advance notice or liability if we have reasonable grounds to believe you have breached any of these terms or in our opinion you misuse Hop Express or the services. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
3.9 The user accepts that the driver is not obligated to allow passengers on board driver’s vehicle as Hop Express’s insurance coverage strictly covers only the delivery items in the vehicle and not the passengers that request to ride with the driver.
4. Engagement services outside Hop Express platform
4.1. Customers should not engage with our drivers outside of Hop Express’s platform directly/indirectly within a period of 9 months after the order is being completed.
4.2. Should customer have special requirements not catered within the Hop Express platform, please contact our sales team at [email protected] and we would be more than happy to assist you.
5. Driver’s Liability
5.1. Participating drivers shall take all reasonable precaution to prevent unauthorized persons from having access to the shipment and shall also take all reasonable precaution against loss of or damage to the shipment.

5.2. Participating drivers shall make reasonable effort to deliver the shipment according to the respective delivery schedules, which are estimates only and not guaranteed. Participating drivers shall however not be liable (whether in contract, tort or otherwise) for any delays in affecting delivery of the shipment for whatever reasons.

5.3. Participating drivers shall not be liable for any loss or damage arising from or in connection with:
5.3.1. The delivery of shipment set out in Clauses 3.3;
5.3.2. User’s failure to specify any precautions to be taken in respect of a shipment, as required under Clauses 3.5;
5.3.3. Participating driver’s failure to perform any of his/ her obligations hereunder as a consequence of circumstances outside his/her control;
5.3.4. Any acts or omissions of any party other than the participating driver.
5.4. Participating drivers are not obligated to allow customers to ride with them. This is up to the discretion of the driver as Hop Express’s insurance coverage strictly covers only the delivery items in the vehicle and not the passengers that request to ride with the driver.
5.4.1. Participating drivers are strictly not allowed to extend quotation out of Hop Express’s delivery app pricing for ferrying of users.
5.5. By signing up as a driver partner with Hop Express, you authorize Hop Express Thailand Co.,Ltd to quote the service fee on your behalf as per the pricing rates stated on our platform.
6. Hop Express’s Liability
6.1. Customer agrees that Hop Express’s liability in respect of the shipment is strictly limited to direct loss only. All other types of loss or damage are excluded (including but not limited to loss of profits, income, interest, future business, or loss of revenue resulting from loss of use), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to Hop Express’s attention before or after acceptance of the delivery request. customer shall insure at its own costs against any risks in respect of the shipment.
6.2. Hop Express’s total liability in respect of any shipment shall be limited to its actual cash value but in any event shall not exceed 5,000 THB (whichever is the lower). One shipment is defined as a delivery order with one unique order code and may include one or more stops. The exception to this liability are COD jobs as described in clause 6.1. customer shall not raise more than one claim for each shipment and settlement of such claim shall be full and final settlement for all loss or damage in connection with such shipment. If customer considers these limits as insufficient to protect itself or the shipment, then it must make its own insurance arrangements, failing which customer shall assume all risks of loss or damage in respect of the shipment. Hop Express shall not be under any liability to offer customers’ cargo insurance or to buy any insurance in respect of the shipment. Customer who needs cargo insurance or all risk insurance should purchase those insurances from third parties.
7. Exception to Hop Express’s Liability
7.1. Hop Express shall not be liable for loss or damage arising from or in connection with:
7.1.1. The delivery of any of the articles set out in clause 3.3.
7.1.2. The user’s failure to specify any special precautions to be taken in respect of a Shipment, as required under clauses 3.5, on the address label, consignment note, waybill and/or invoice.
7.1.3. COD service – Jobs that require drivers to collect cash from a pickup or drop-off point and deliver or transfer the cash to delivery requester;
7.1.4. Delivery of fragile items including but not limited to items such as cupcakes, flowers, glassware and musical instruments.
7.1.5. The misalignment, wear and tear, de-arrangement, heat, mold, rot, discoloration, degeneration, explosion, ignition or the hazardous, perishable, corruptible, fragile, or brittle nature of the Containers of the shipment.
7.1.6. Delay or confiscation by any government authority due to the discovery of prohibited Containers of the shipment.
7.1.7. Hop Express failure to perform any of its obligations hereunder as a consequence of circumstances outside its control, including without limitation any act of God such as weather conditions, flood or earthquake, work stoppages, strikes, industrial disputes, war, any act of government, accidents, traffic obstructions or congestion, mechanical breakdown, or other events of force majeure; or
7.1.8. any acts or omissions of any party other than Hop Express, including and without limitation the User, the named addressee, any government official or any subcontractor engaged by customer.
7.1.9. Damages to items of brittle nature or damages to items due to inappropriate packaging.
7.2. Hop Express will make every reasonable effort to execute the delivery request according to Hop Express’s delivery schedules prevailing from time to time, but these schedules are not binding and do not form part of the contract. Hop Express is not liable for any damages or loss caused by delays.
7.3. Hop Express shall not be liable for delay or non-delivery of a shipment arising from or in connection with the detention of the shipment by any government authority.
7.4. Hop Express shall not be liable for indirect or consequential loss or damage, including without limitation loss of profit, income, interest, future business or anticipated savings, even if the risk of such loss or damage was brought to Hop Express’s attention before or after acceptance of the shipment.
7.5. For the avoidance of doubt, Hop Express shall not in any way be liable or responsible for a delivery item prior to the shipment being accepted by Hop Express for delivery.
8. Claims
8.1. Any claims must be made within 24 hours after the delivery has been completed, failing which Hop Express shall have no liability whatsoever.
8.2. All claims must be made in writing, accompanied by the delivery order number, contact information and other supporting documents requested by Hop Express and submitted to the following email address: [email protected]
8.3. Claims are limited to one claim per delivery order, settlement of which shall be full and final settlement for all loss or damage in connection therewith.
8.4. Without prejudice to clause 6 and provided that Hop Express is satisfied that the user’s claim is justified, Hop Express’s liability for any loss of or damage to the delivery item shall be limited to the value of the delivery Item or 5,000 THB per delivery order, whichever is lower.
8.5. In the case of damage to the delivery Item, the amount of compensation by Hop Express shall be based on Hop Express’s assessment of the extent of the damage to and the actual cash value of the Containers of the delivery item provided always that the amount of compensation shall not exceed the compensation limits. In the case of loss of or damage to the delivery item, Hop Express shall have the option of either replacing the delivery item or making monetary compensation within the compensation limits.
9. Disclaimer
9.1. The software is delivered to you on an “as is” basis and although Hop Express has used its best endeavors to ensure that the software will work properly on your mobile device, Hop Express does not warrant the performance of the software nor the compatibility of the software with your mobile device.
9.2. Hop Express is a logistics platform service and the services provided are part of the on-demand sharing economy. Hop Express makes no guarantee of the availability of the services, the availability of vehicles through the use of the services, the accuracy of the data or information provided as part of the services or the quality of the services of the participating drivers.
9.3. Hop Express shall not be liable for any damages, claims or costs whatsoever including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device as a result of your use of the Services or your installation and / or execution of the software even if Hop Express or its representative has been advised of the possibility of such loss, damage or claim.
9.4. Hop Express shall not be liable for any loss or damages, including any injury which you may suffer as a result of your delivery, transportation or journey in the vehicle of a participating drivers hired through the services and all your rights in relation thereto and in relation to the contract for hire between you and the relevant participating drivers shall be a matter between you and the relevant participating drivers.
9.5. Hop Express is not the agent of participating drivers or users and is not a party to the contract for the hiring of the participating drivers.
9.6. The foregoing limitations and exclusions apply to the extent permitted by law.
10. Personal Data Privacy
10.1. You may be required to submit personal information to Hop Express in order to use certain function of the software.
10.2. You agree that Hop Express can use your personal data (namely your name and contact number) as provided by you to Hop Express from time to time when you use the software for the purpose of providing the services.
10.3. You agree that Hop Express is entitled to collect, use, keep and update your personal data to such extent, for and at such time period as may be necessary when Hop Express provides the services to you, and you confirm that the personal data so provided by you are true and correct and up to date.
10.4. You further expressly consent that Hop Express is entitled to transfer your personal data to the participating drivers as may be necessary including, without limitation for the purposes of sourcing a booking to be accepted by a vehicle’s driver, confirmation/clarification of the booking information between you and the vehicle’s driver, and tracking the booked vehicles when Hop Express provides the services to you.
10.5. You further agree that the collection, use, storage and transfer of your personal data is generally subject to Hop Express’s privacy policy and personal information collection statement the latest version(s) thereof is at “www.Hop.Express”, and you acknowledge that you have read and understood the same prior to agreeing to these terms and conditions.
10.6. You agree that personal information such as your name, contact number and email address can be used for all promotional and marketing efforts of Hop Express.
10.7. If you no longer wish to receive promotional materials from Hop Express, you may unsubscribe from our mailing list by emailing us at [email protected], and no further information will be sent to your email address.
11. Miscellaneous
11.1. Hop Express may from time to time amend the terms of these terms and conditions by “www.Hop.Express” and such shall be binding on you upon posting.
11.2. These terms and conditions shall be governed by and construed in accordance with the laws of Thailand.
11.3. You submit to the non-exclusive jurisdiction of the courts of Thailand.
11.4. Hop Express reserves the right to change the above terms and conditions at any time without prior notice.
12. Rules of Usage
12.1. You shall not use the software for or to promote any illegal acts.
12.2. You shall not use the software to produce any email advertisements or spam emails.
12.3. You shall not use the software in any way to track, stalk, harass or hurt any person.
12.4. You shall not in any way interrupt/destroy the operation of the software or the servers/network that linked with the software; Nor violate the network requirements, process, or terms and conditions that were mentioned when using the software.