Terms of Use
Last updated: February 20th, 2025
Introduction
Access to and use of the https://www.wearepoppins.com/ website and app (hereinafter referred to as the "App") is subject to acceptance of and compliance with the provisions of these terms of use (hereinafter referred to as the "TOU") by all users, visitors and others who access and use the App (the “User(s)” or “you”). Please read these TOU carefully before using the App.
The App is the property of POPPINS, a simplified joint-stock company (SAS) – registered with the R.C.S. of Paris under number 929 553 691, domiciled at 38 Rue Quai Henri IV, 75004 Paris, France (“POPPINS” or “we”). POPPINS reserves the right to update the TOU at any time. We therefore recommend that you consult the TOU regularly to ensure that you are familiar with the most recent version.
POPPINS offers to the Users the possibility to (i) place an order for an item or a location (such item or location being referred to herein as the “Item(s)”) (the “Order”) and/or (ii) publish an Item in order to be ordered and loaned with another User (the “Item Listing(s)”). Items may be available for free borrowing or paid sharing.
The Items are made available for Share (as defined below) by the providers (the “Provider(s)”) and then ordered by the borrowers (the “Borrower(s)”). The possibility for the Borrower to place an Order and for the Provider to publish an Item Listing and to obtain the payment for the Share represent the services offered by POPPINS (the “Services”).
You represent that:
- You are over the age of majority according to the laws of the country that apply to your situation, otherwise you shall not in any way use the App;
- You are legally capable to enter into binding agreements.
By using the App, you acknowledge that you have accepted all the provisions of these TOU and undertake not to use the App for other purposes than the ones described in the TOU.
The Privacy Policy and Cookies Policy of POPPINS are also available at any time on the App and constitute an entire agreement with the TOU. By accepting the TOU, you also accept the Privacy Policy and Cookies Policy.
Article I. Our concept
Any User, professional or not, can create an account on the App and either place an Order or publish an Item Listing.
The Items are displayed on the App and the Borrower can place an Order for an Item after having entered the required date(s) and/or times and provided the Item is available at such required date(s) and/or times. Once the request has been entered by the Borrower, we send the request to the Provider who accepts or refuses it (the “Confirmation”).
In any case, refusal or acceptance of the Order, we send a notification by e-mail to the Borrower in order to inform the Borrower of such acceptance or refusal. Such decision is also visible on the account page of the Borrower and of the Provider.
Once the Confirmation is given by the Provider, the Provider shall prepare the Item and make it available (the “Pick-up”) at the agreed date and time and for the duration provided in the Order (the “Share”). The Share ends when the Item is returned, left or emptied by the Borrower (the “Return”).
POPPINS simply organizes the connection between the Provider and Borrower and is not part of the agreement giving rise to the Share. The legal relation between POPPINS and the Provider and between POPPINS and the Borrower is the intermediation service between the Provider and the Borrower.
POPPINS is not responsible for the Item or the compliance of any agreement regarding the Item which is concluded between the Provider and the Borrower.
Article II. Management of accounts
2.1 Creation of an account
In order to access the Services, the User must create an account by registering free of charge on the App. The User undertakes to register using only one e-mail address
The User must be of legal age and legally capable of contracting and using the App in accordance with these TOU. The User undertakes to provide accurate information and to update this information immediately in the event of any changes.
Professionals shall register an account as professional and state in all Item Listings that they are acting as professionals. By doing otherwise, the professional Users are liable to the following penalties for deceptive commercial practices:
- France - up to 2 years' imprisonment and a fine of 300,000 euros (article L 132-2 of the French Consumer Code).
- Belgium - €80,000 fine (article XV. 83, 13° of the Belgian Code of Economic Law).
Access to the account created is protected by an identifier (the User’s e-mail address) chosen by the User when registering on the App. The Users are solely responsible for any use that may be made of their login, and are solely liable for their confidentiality, as well as for any use of their accounts.
When concluding a Share, and to verify the User’s identity, the User will be asked to provide personal information via the payment service provider selected by POPPINS (the “KYC”). In this context, the User will be asked to accept the general terms and conditions of this service provider. The amount and level of information requested depends on whether the User is a Borrower or Provider and whether the User is acting as a professional or as a consumer.
2.3 Deletion of an account
The Users can delete their account through the App. The account will then be automatically deleted by POPPINS and the Users will receive a confirmation e-mail. All Item Listings the User may have been published will also be permanently deleted.
The User account shall not be deleted while a Share is ongoing whether the User is a Borrower or a Provider.
In the event that the Users provide false, inaccurate, out-of-date or incomplete data or if the Users breach these TOU in any way, POPPINS will be entitled to suspend or close the User's account and refuse the User access to all or part of the Services in the future.
Article III. Description of the Services
3.1 Description of the Services proposed by the App
The Services include:
- Connecting Users by offering the possibility for Providers to create Item Listings on the App and by offering Users and Borrowers a database enabling them to find adequate results and Items;
- Access for the Borrowers of information on the Providers and reviews by other Users;
The App is only a mean of putting Users in contact with each other. POPPINS does not intervene in the contractual relationships between Users.
References to the Item Listings are listed solely on the basis of the results sought by the User searching for an Item. No Item Listing is enhanced voluntarily by POPPINS, whether as part of commercial advantages, advertising or otherwise.
3.2 Description of the relations between the Borrower and the Provider
The Borrower contacts the Provider via the App. They discuss the scope and terms of the Share via the App.
For paid sharing, either Provider or Borrower can send a payment proposal in the App for the other to accept:
- If the Provider receives a proposal, they can either accept and send a Confirmation to the Borrower or propose a different rate.
- If the Borrower receives a proposal, they can either accept and proceed to the payment or make a counterproposal (if negotiation is enabled by the Provider).
Once the Confirmation is made, the Borrower and the Provider are bound by a Share. In the event of a paid Share, the Borrower pays the amount of the Share.
The Provider and the Borrower agree to make all payments relating to the Share via the App.
Once the Confirmation has been completed and validated on the App by the Provider and the Borrower:
- For paid Shares, a confirmation e-mail is issued by POPPINS to the Borrower;
- The payment is captured at Confirmation and before and Pick-up ;
- The funds are held securely by POPPINS’ payment service provider in escrow;
- The Borrower and the Providers shall be in person at the meeting point agreed by the Borrower and Provider at the agreed date and time and the Provider shall provide the Item the way it has been agreed by the Borrower and Provider. Each of the Provider and Borrower may have a cancellation right in the conditions of Article VIII herein.
- The Pick-up confirmation is done by the Provider via a visual code.
- The Borrower shall perform the Return of the Item in the same conditions as it was when the Borrower collected it or found it except for normal wear and tear.
- The Provider confirms the Return on the App via a visual code.
- In case of a paid Share, confirmation of Return of the Item releases the funds held in escrow to the Provider as described in Article VI of these TOU.
- Invoices are available upon request directly through the App on the Transaction History tab.
A holiday mode is available to all Users to temporarily hide the Items they are sharing as Providers. While this mode is active:
- Borrowers cannot see and request Items from the Provider;
- Item Listings remain saved for when the Provider deactivates the holiday mode.
3.3 Review system
Once the Share had been completed, Borrowers are invited to evaluate the Provider and the conditions of the Item in light of the Item Listing. The evaluation left by a Borrower may appear on the Provider’s public profile. Similarly, after the Share has been completed, the Providers are invited to evaluate the Borrower. The evaluation left by a Provider may appear on the Borrower’s page.
Each User agrees to draft and publish reviews containing respectful and delicate comments. Therefore, each User shall not publish any review which would breach in any way the internal rules for communications of the App as listed in Article X.
POPPINS does not carry out any systemic control of the reviews published. POPPINS is however authorised to delete or modify at any time the opinions published, uploaded or transmitted to the App in the event that the review infringes one or more of the prohibitions mentioned above or is deemed fraudulent.
The reviews contained in the App are provided for information purposes only and do not constitute advice from POPPINS. The reviews reflect the opinions of Users who have completed Orders or Shares through the App. Any statements, advice or opinions provided by such persons are theirs alone.
Accordingly, to the fullest extent permitted by law, POPPINS assumes no responsibility or liability to any person for any review, including, without limitation, any error, distortion, obscenity, omission or misrepresentation that the User may encounter in such reviews.
POPPINS may store notices.
The User will not receive any remuneration or benefits for the reviews it provides to the App.
Article IV. App Accessibility
The App is accessible non-stop, except in the event of force majeure, App maintenance or the intervention of a third party. In this case, the access interruption will be notified by means of a warning on the App's home page or by any other means.
POPPINS reserves the right to make any changes and improvements to the App and Services that it deems necessary or useful for the proper operation of the App and Services.
Users are personally responsible for setting up the IT and telecommunications resources required to access the App. They are responsible for any telecommunication costs incurred when accessing the Internet and using the App. POPPINS shall not be liable for any damages caused by your inability to access our App for any of the reasons described above or for any other reason, including, without limitation, any errors, interruptions or defects occurring in the use of our App, any delays in operation or transmission, or any damages arising in connection with viruses or other malicious software that might be contained on our App, unless caused by intentional or gross negligence, or any other liability which may not be excluded due to applicable law.
Furthermore, POPPINS may terminate access to the App at any time following any breach of these conditions by the User.
Article V. Items
POPPINS does not manufacture, make, sell, buy, store, prepare, produce, transform, brand, package, deliver or handle the Items.
Items proposed by Providers are very broad, although some restrictions are to be taken into account by the Provider when proposition an Item for Order. Thus, the Item shall not be:
- Prohibited for loan or sale: weapons, drugs, contraband products etc.
- Regulated: automobiles, medical equipment, equipment necessitating professional training to be used etc.
- Dangerous: defective products, locations that do not comply with safety standards etc.
- Infringing any law: intellectual property (counterfeit), privacy etc.
- Not suitable for loan for any reason: food products or products destined to expire quickly, hygienic products for a single person use, not suitable for the description (example: a location of a garden for a child’s birthday whereas the place is not safe enough to accommodate children) etc.
- Sexual products or products categorized as “adult” products: such as but not limited to, a product of which the essential purpose is to provoke or maintain a state of sexual stimulation in the person using it;
- An Item made particularly for the Borrower;
- For services or for Shares that necessarily include services provided by the Provider: as a result, the Provider would use the Item for the benefit of the Borrower or stay present during a rental to provide services etc.
- A rental for a duration exceeding three (3) months;
- A rental for accommodation: all rentals shall be made with a view to occupying the premises for a specific and spontaneous activity or for storage;
- A place containing precious items: a place containing items the total value of which is 20,000€ or more.
Article VI. Prices
6.1 Prices for the Item
Items can be shared either for free or for a paying amount.
Prices for paid Shares are set freely by the Providers however they shall not be lower than One euro and fifty cents (1,50 €) per day of Share.
The prices indicated by the Provider are in the currency of the country in which the Item is located and shall include all taxes. These prices automatically include POPPINS’ protection as described in Article 9.1 of these TOU (“POPPINS Protection”).
The Borrower acknowledges that the price showed to other Users in the Item Listing include POPPINS Fee as described below. The net price to be received by the Provider is indicated to the Provider at the time of completion of the Item Listing after deduction of the Fees (as described below) to the Share price to be paid by the Borrower.
No deposit can be paid and returned through POPPINS’ website. However, provided the Provider states it in the description of the Share (including the amount, payment method, return conditions), the Provider may request a deposit to the Borrower when meeting the Borrower (outside of POPPINS’ control or payment system). The Provider shall return the deposit in the agreed conditions and in good faith.
6.2 POPPINS’ Fee
In consideration for its Services, POPPINS will receive a fee on all paid Shares, equal to Twenty Percent (20%) of the amount payable to the Provider for the Order upon Confirmation, with a minimum amount of 1,50 Euro, such amount being deducted from the Order Price to be received by the Provider via POPPINS’ payment service provider (the “Fee(s)”).
The Fee includes Poppins Protection as described herein.
6.3 Taxes
“Tax(es)" means taxes, fees, levies, imposts, duties, charges, deductions or withholdings of any nature imposed by any government entity or taxing authority.
The Users whether professional or not will be responsible for, and agree to pay promptly when due, and to indemnify and hold harmless POPPINS on demand on a full indemnity basis on demand for, from and against, any and all value-added, goods and services, transfer, sales, use, excise, customs, turnover, personal property or other similar Tax together with any assessments, penalties, fines, additions to tax or interest thereon, filing fees, notarial fees, customs duties or similar duties, assessed, imposed, asserted, levied or payable on the Share of the Item or otherwise imposed in connection with the Share.
Article VII. Payment method
To implement the payment system, POPPINS has subscribed to the services of Online Payment Platform BV, registered with the Bank of the Netherlands, incorporated with the Dutch register under no. 50124498, whose registered office is located at Kanaalweg 1, 2628 EB Delft, Netherlands (hereinafter "OPP").
Users contracts directly with OPP for the payment system and declare that they accept OPP’s general terms and conditions, which are available here: Terms of Use of OPP
Payment by the Borrower of the Share and the Services are made by:
- Debit or credit card;
- Visa/ Mastercard;
- Google Pay; or
- Apple Pay.
Once the payment has been made by the Borrower, the amount is held in escrow until the Provider receives it in the conditions that follow.
In order to receive the payouts for the Order, the Providers shall beforehand enter their international bank account number (IBAN). The payout is also organized by OPP.
Providers will receive payment only after:
- The Share is provided to the Borrower;
- Return of the Share is confirmed by the Provider (if applicable);
- The Borrower and Provider have provided personal information and have been verified by OPP as mentioned in Article 2.1;
- Pending payments are released once a month and each release can take up to ten (10) business days;
- Pending payments are only paid out once the Provider’s KYC has been completed and if the payments exceed twenty-five euros (25 €), otherwise, they remain in escrow until the User accumulates other pending payments for an amount exceeding twenty-five euros (25 €) or if the User closes its Poppins account.
Once all above conditions have been met, OPP will release the funds to the Provider after deduction of Poppins’ Fee.
Article VIII. Cancellation policy and right to withdrawal
Users can cancel their Order before the Borrower performs the Pick-up. In order to cancel Users can use the in-chat cancel button in the App.
Within a period of fifteen (15) days, POPPINS will refund:
- If the cancellation occurs before the Pick-up: the amount of the price of the Share to the Borrower;
- If the cancellation is made by the Borrower after the Pick-up and before the scheduled Return date: a partial amount of the price of the Share will be refunded to the Borrower, proportionate to the time of the Share actually made.
In any other situation, POPPINS will not provide any refund regarding the price of the Order or its Fee.
All Users undertake by accepting these TOU that their cancellation rate as Users are monitored and the account may be blocked if the number of cancellations is unreasonable and detrimental to other Users.
In addition to this cancellation policy, consumer Users contracting with professional Users have fourteen (14) days to exercise their right to withdraw from a contract concluded remotely without having to give reasons for their decision as per article L221-18 of the French Consumer Code. In case the Order is made less than fourteen (14) days prior to the start of the Share, the right to withdraw shall apply for the duration between the Order and the start date of the Share. The consumer User will be reimbursed every Order without having to pay any additional fee.
Article IX. POPPINS Protection and Litigation between Users
- POPPINS Protection
POPPINS Protection ensures security on the App. It includes:
- Secure payments through POPPINS’ payment service provider, as described in article 3.2;
- Profile verification through a secure verification of identity process through KYC, as described in article 2.2;
- Content moderation and monitoring as described in POPPINS’ CSAE Policy;
- Customer care support and more broadly, the Services provided by POPPINS as described in the Introduction.
POPPINS Protection shall not apply if a payment is made outside of the App.
All claims made in the frame of POPPINS Protection must be sent to POPPINS within 24 hours after the scheduled Return or actual Return date, via the App’s help centre. If a claim is made after this delay, POPPINS will not process it. The User shall provide all the necessary information (including dates, identity of the other User, supporting documents showing the value of the damaged or lost Item, supporting documents showing the potential loss of value of the Item, price of repair and/or amount of the loss of value etc.) and documents for POPPINS to process the claim. POPPINS reserves the right to request additional documents and/or to not or stop processing any claim which would not be sufficiently detailed, or which is unlikely to be serious or reasonable.
In case of loss of Item during the Share, POPPINS will process the Provider’s request and attempt a mediation between both Users. If no solution is found and that POPPINS clearly estimates that the loss is the Borrower’s responsibility, POPPINS will charge a replacement fee to the Borrower. If a deposit has been made, POPPINS reserves the right to withdraw that amount from the deposit.
After the Return, if the Item is damaged compared to the date of Pick-up, POPPINS will process the Provider’s request and attempt a mediation between both Users. If no solution is found POPPINS may elect to compensate the Provider to cover the repair fee or the loss of value of the Item for an amount which shall not exceed 2.000 €. In this case, POPPINS reserves to right to claim in turn any compensation to the person POPPINS has identified as responsible for such damage. Providers are encouraged to seek separate insurance for items of value they wish to share on the App. Providers may require Borrowers to use the insurance they offer.
9.2 Litigation between Users
POPPINS’ Services are solely limited to offering a platform for Users and Users shall handle their own relationship between one another.
Nevertheless, in the event of any disagreement between a Borrower and a Provider which does not relate to a potential loss or damage to an Item, the User undertakes to inform POPPINS via the POPPINS Protection page on the App. POPPINS may propose a mediation between Users. In this case, the Users undertake to make their best efforts to discuss and find an amicable solution within 30 days.
If no mediation is proposed or if no agreement is reached and POPPINS has strong reasons and evidences to believe that the Provider has not fulfilled its obligations under the TOU, POPPINS may, if relevant, reimburse, within 15 days, the amount of the Share of the Item to the Borrower. The Borrower and the Provider will then be personally responsible for settling their dispute.
Depending on the claims and on the findings, POPPINS may decide to block a User and shall not have to explain or justify such action to the User in question.
In case of litigation between a professional User and a consumer User, under Article L. 612-1 of the French Consumer Code, any consumer has the right to have recourse free of charge to a consumer mediator with a view to amicably resolving a dispute with a professional.
Article X. Internal rules for communications
When communicating via the App or in the frame of an Order or a Share via any tools proposed by the App, for example, the comments when placing an Order or the reviews after the completion of a Share or via a published photography, the communications shall not contain any comment which may be, including but not limited to:
- Insulting, violent in any way, threatening, defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
- Unlawful or promoting unlawful activity;
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
- Spam, machine, or randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person;
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
- Prejudicial to public order;
- Impersonating any person or entity including POPPINS and its employees or representatives;
- Violating the privacy of any third person;
- False information and features;
- Likely to prejudice the rights, reputation or image of POPPINS.
Article XI. User’s general undertakings
11.1 Undertakings common to all Users
All Users undertake:
- to access and use the App and Services in accordance with the laws in force and these TOU.
In this respect, the User acknowledges that, for the sole purpose of verifying compliance with these TOU and applicable laws, POPPINS may take cognisance of any content published or exchanged on the App;
POPPINS may intervene to moderate the Item Listings, bios or reviews published if such publications do not comply with the laws and regulations in force and the obligations of Users under these TOU including Article X relating to the Internal Rules of Communication. POPPINS reserves the right to immediately withdraw any content posted on the App in breach of these requirements, and to suspend or prevent the use of any associated account;
- to complete all the declarations and formalities required for his/her activity;
- to meet all his legal, social, administrative and tax obligations and any specific obligations incumbent upon him under Belgian law, French law and/or the foreign legislation to which he/she is subject, in the context of his/her activity and the use of the Services;
- In the event of a request, the User undertakes to provide POPPINS, without delay, with any evidence proving that he/she fulfils the conditions set out in this Article;
- that the User is solely responsible for the proper completion of the aforementioned formalities. POPPINS may not be held liable in this respect;
- to make fair use of the App, in particular not to bypass the App and its Services for any requests or additions to requests for Services initially made on the App;
- not to extract all or part of the content of the App for a similar or competing activity, or for recruitment purposes;
- clean, arrange and, if necessary/safe/required, sanitize the Item when, as a Provider, making it available for Pick-up and, as a Borrower, performing the Return to the Provider.
The User is warned that the performance of paid transactions on a regular basis is likely to constitute a professional activity and to entail, in particular, the application of consumer law, compulsory membership of a social security scheme, payment of the consumer contribution, the business tax contribution and social security deductions. Where applicable, the User registers with the business formalities centre and the relevant organisations. In the event of any doubt as to a User’s status, the User undertakes to seek legal advice in order to ensure that the User complies fully with the tax and social obligations in force. POPPINS cannot be held responsible for the User's failure to comply with these obligations.
11.2 Provider’s specific undertakings
All Providers undertake:
- to provide Item Listing(s) with all necessary details so that the description of the Item offered is as accurate as possible and does not mislead the Borrower;
- not to use the Services and the App to promote their activity or that of a third party;
- not to send advertising messages to Users of the App or to canvass them for the same Service as that offered on this App;
- not to accept any payment from the Borrower outside the App for the Services presented via the App;
- to Share the Item in a conscientious and diligent manner;
- to maintain strict confidentiality with regard to any exchanges it may have had with Borrowers and with regard to any information that may have been transmitted to it or of which it may have become aware as a result of being put in contact via the App (which may or may not have resulted in a Share of a Item).
The Provider shall refrain from sharing with others or on social networks any exchange or excerpt of conversation originating from the App's messaging system.
When proposing locations/places to rent on the App, all Providers undertake:
- That they are the owners of the location/place to lend or are authorized by the owner(s) to lend the location/place in the conditions specified in the Item Listing(s) and in these TOU;
- That they have all necessary authorizations to lend the location/place from interested third parties and administration offices.
11.3 Borrower’s specific undertakings
All Borrowers undertake:
- to make all payments relating to an Item via the App.
- to protect any information or data communicated by the Provider when establishing a relationship via the App, in order to ensure the confidentiality of exchanges between the Provider and the Borrower.
Article XII. POPPINS’ undertakings
This App has been designed with the utmost care and POPPINS undertakes to make every effort to provide accurate information only. However, it cannot be excluded that certain information provided on this App may be inaccurate, out of date or incomplete. The purpose of this App is to provide general information to its users and to enable the provision of the services you have requested from us.
POPPINS cannot be held responsible for any damage caused by inaccuracies, except in the case of erroneous information or intentional misinformation, the communication of which would constitute gross misconduct.
If POPPINS is held liable for any damages arising out of your use of our App, our liability will be limited to those damages that were reasonably foreseeable at the time of your use of our App and that arise out of the normal use of our App.
We will promptly correct any inaccuracies and remove any malicious software contained on our App of which we become aware.
Article XIII. Non-circumvention
The remuneration that POPPINS receives for the Services is collected via the Fees described in Article 6.2. POPPINS only receives these Fees when a Borrower and a Provider pay and receive payment via the App.
Consequently, when a Borrower makes an Order on an Item Listing from a Provider and that the Provider accepts such Order, the Borrower undertakes to make all payments to the Provider for the Item and for all subsequent loans of the Item solely via the App, and this for a period of six (6) months from the date of the first Order request to the Provider (the “Non-Circumvention Period”).
Users hereby undertake not to circumvent the payment methods offered by the App and not to:
- Submit proposals or solicit Users identified on the App to contract, work, carry out projects, be hired or pay outside the App.
- Accept proposals from Users identified on the App to contract, invoice or receive payment outside the App.
- Recommend a User identified on the App to a third party who is not a User of the App with a view to making or receiving payments outside the App.
If a User uses the App as an agent or representative of another company, the Non-Circumvention Period applies to the User and to the other agents or representatives of the company in relation to the Item concerned.
If the User closes his/her account on the App or if his/her account is closed by POPPINS for non-compliance with the TOU, the User will still be liable for the Fee if they subsequently use the Services.
If the Users were already working together prior to their Share on the App, they will not be required to continue to use the App to collaborate, provided however that the Item provided by the Provider has not been the subject of an Order on the App by the Borrower.
The User undertakes to notify POPPINS immediately if another User suggests making or receiving payments outside of the App by sending an email to the following e-mail address: support@wearepoppins.com.
The Borrower may withdraw from the obligation to pay the Provider(s) via the App by paying a withdrawal fee for each relationship with a Provider (the "Unsubscribing Fee"). To start an unsubscribing procedure, the Borrower must send an e-mail to the following e-mail address: support@wearepoppins.com
The Unsubscribing Fee shall be the equivalent to the Fee applicable to a transaction through the Services, i.e. 15% of the price for the Share between the Provider and Borrower.
If POPPINS discovers that Users have continued to work together after a Share of Item but without having used the App, POPPINS may suspend the account of the Borrower and will issue an invoice for the Unsubscribing Fee due. If the Borrower fails to pay the invoice within thirty (30) days, POPPINS may close the account definitively while reserving the right to take any action necessary to recover the sums it deems due.
Article XIV. Liability
14.1 Liability of the User
The User is solely responsible for:
- Any direct or indirect damage that the User may suffer as a result of inaccurate, incomplete and/or misleading information provided at the time of registration or in the absence of updating of such information, the consequences of which the User alone shall bear;
- All of the content that he/she chooses to put online on the App, as POPPINS does not check the content before it is put online;
- The content of the Item Listing and the description of the Item;
In the event of an error in the description of the Item, the Provider alone shall be responsible for any necessary additional costs and/or time by formalising an additional service with the Provider via the App.
- The conclusion and execution of agreements relating to an Item that they conclude with another User via the App, with POPPINS only acting to put them in contact. The conclusion and performance of these agreements, which take place directly between a Borrower and a Provider, are carried out at the initiative and under the exclusive responsibility of the latter.
The User is informed that in the event of inappropriate behaviour towards another User or POPPINS, or if the User commits an offence against or in another User in relation to the Share, or violates the general code of conduct of the POPPINS or adopts any other similar behaviour, POPPINS may, in particular following complaints made by the other User, prohibit, exclude or suspend the User from the App and the Services. POPPINS’ intervention does not deprive the other User of the means and rights at its disposal to obtain any compensation.
The Provider is solely responsible for the quality and conformity of the Share it provides to the Borrower.
The Provider acknowledges that the resources made available by POPPINS do not relieve them of their responsibility with regard to the legal obligations incumbent upon them. In particular, the Provider acknowledges that they retain full responsibility for their legal and tax obligations in terms of invoicing for original initial and/or rectifying invoices issued in its name and on its behalf by POPPINS, in particular with regard to their VAT declaration and payment obligations.
The User agrees to defend, indemnify and hold harmless POPPINS and its shareholders, officers and employees from and against any and all claims, demands, recoveries, fines, penalties, or other charges or expenses of any kind and nature, including any legal fees incurred by third parties in connection with, arising out of or relating to: (a) any content submitted or provided to the App by the User; (b) the use by the User of any content on the App; (c) any breach by the User of the TOU.
14.2 POPPINS' liability
POPPINS makes every effort to ensure that the App and the Services are accessible and functioning properly 24 hours a day, 7 days a week.
Nevertheless, given the limitations of the Internet, POPPINS cannot exclude the possibility that access to and operation of the App and Services may be interrupted, in particular in the event of force majeure, malfunction of the User's equipment, malfunction of the User's Internet network or maintenance operations intended to improve the App and Services.
Consequently, POPPINS may not be held liable for any interruption to the Services, whether voluntary or involuntary, it being specified that POPPINS undertakes to make its best efforts to limit any interruptions for which it is responsible.
POPPINS provides Users with technical tools and resources enabling them to enter into contact with each other for the purpose of concluding a services agreement via the App. POPPINS’ liability is limited to the provision of these resources, as described herein, and to bringing together Providers and Borrowers.
In particular, POPPINS shall not be held liable for the frequency of presentation of Providers’ profiles on its App.
POPPINS and the User are independent parties, each acting in their own name and for their own account.
POPPINS does not enter into any agreement in the name of and/or on behalf of a Provider, a Borrower, or any User. Therefore, POPPINS may under no circumstances be considered as an employee/employer or agent of a User.
As POPPINS is not a party in any capacity whatsoever to the agreements relating to an Item concluded between the Borrowers and the Providers, the Providers are solely responsible for any difficulties, claims and disputes that may arise during the conclusion and/or performance of the Shares. Thus, each User releases POPPINS from any liability for the direct or indirect consequences resulting from the introduction, conclusion and/or performance of such a Share between a Provider and a Borrower.
In this respect, POPPINS shall not be held liable for any cancellation of payment or revocation of direct debit authorisation at the sole initiative of the Borrower, and for any consequences that may arise therefrom.
POPPINS makes every effort to ensure the content and validity of the information and documents transmitted by the Provider on the App, provided that they are established in France or Belgium. However, POPPINS may not be held liable in any way whatsoever for breaches of the obligations incumbent upon them, particularly in the context of the fight against undeclared work and compliance with the rules of transparency, nor for any damage that may result therefrom.
Accordingly, POPPINS shall not be held liable for any false, misleading or out-of-date information provided to it by the Provider.
Similarly, POPPINS reserves the right not to forward a message from a Borrower to the Provider if the Borrower does not comply with the TOU.
Article XV. Intellectual property rights
15.1 The App
The App and each of its items, including but not limited to texts, images, videos, photographs, brands, logos, company names, domain names and databases, are the exclusive property of POPPINS or its partners.
These separate items and its globality are protected by intellectual property and other laws, in particular copyright law.
Any reproduction or representation, in whole or in part, of the App or of any of its items, parts, without the authorisation of POPPINS, is prohibited and constitutes an infringement punishable under intellectual property law.
POPPINS grants the User a non-exclusive, personal and non-transferable licence to use the App and the data it contains for strictly personal use, in accordance with these TOU and for the sole purpose provided herein.
The User therefore acknowledges that any other use of the App is excluded from the scope of this licence and may only be made with the prior written authorisation of POPPINS.
The User acknowledges that no property is transferred to him/her, and that no right or licence is granted to him/her, other than the right to use the App for the duration of the TOU.
15.2 User’s content
Any User who publishes content that the User has created on the App, the User retains full ownership of what was published.
When the Users publish or transmit content of any nature whatsoever, including texts and images, via the App, they declare that they hold the necessary rights.
In order to enable the provision and purpose of the Services, the User grants POPPINS a non-exclusive and transferable licence to use the content published, broadcast or transmitted by him/her on the App.
The User authorises POPPINS to reproduce all or part of the items they provide, on any paper medium as well as any digital recording medium, current or future, and in particular, without this list being exhaustive, on any server, hard disk, removable or not, memory card, or any other equivalent medium, in any format and by any process known and unknown to date, to the extent necessary for any storage, backup, transmission or downloading operation involved in the operation of the App.
The User also authorises POPPINS to adapt and translate the elements it provides, and to reproduce these adaptations on any paper medium and on any current or future digital media, as specified above, particularly in different languages. This right includes the right to modify the formatting of the elements supplied, in compliance with moral rights, in order to comply with the App's graphic charter and/or to make them compatible, with a view to their insertion and/or publication via the App.
This licence is granted free of charge, for the whole world and for the legal duration of the rights relating to the relevant items.
Notwithstanding termination of the TOU, for whatever reason, the licence stipulated above will continue for the term stipulated in this article.
The User guarantees POPPINS that the information or content in question complies with the law and does not infringe the rights of others.
ARTICLE XVI. Hypertext links
The User is authorised to create one or more hypertext links pointing, for example, to the App's home page or to its profile page in the case of a Provider.
Users shall refrain from creating any links from sites that do not comply with current legislation or that are likely to harm the interests, reputation and/or image of the App and POPPINS.
In any event, POPPINS reserves the right to terminate this authorisation at any time if it considers that the link established with the App is likely to damage its interests, reputation and/or image.
Under no circumstances does the existence of a hypertext link from a third-party website to the App imply cooperation and/or partnership between the App and this third-party website. POPPINS has no control over third-party websites and therefore assumes no responsibility for the content, products and/or services available on or from these third-party websites containing a hypertext link to the App.
The App may contain links to the websites of POPPINS’ partners or to the websites of third parties. POPPINS has no control over these sites and therefore assumes no responsibility for the availability of these sites, their content or the products and/or services available on or from these websites.
POPPINS shall in no way be liable for any direct or indirect damage that may arise from the User's access to the site of the partner and/or third party and from the User's use of the content and products and/or services of this App.
Article XVII. POPPINS services
As part of its policy of constantly improving its Services, POPPINS may modify the characteristics of its offer at any time.
In any event, the information contained on this App is of a general nature and has no contractual value.
Article XVIII. Privacy Policy
Please refer to POPPINS' Privacy Policy for our policy regarding the collection and processing of personal information. By using all or part of the App, you agree to all of the provisions of our Privacy Policy.
OPP is distinctly and independently responsible for the processing of Users' personal data collected as part of the Order payment system.
Article XIX. Duration, termination and penalties
19.1 Duration of the TOU
The TOU are concluded for an indefinite period from the date of acceptance of these TOU by the User.
19.2 Termination of the TOU
POPPINS may immediately and automatically suspend access to the App and Services and, where applicable, terminate these TOU automatically and without prior notice, in the event of a serious breach of the TOU by a User, regardless of any damages to which it may be entitled.
In all other cases of non-compliance with these TOU, if, at the end of a period of five (5) calendar days from notification by POPPINS of the breach observed via the App's messaging system, the User has not put an end to the breach or if the breach has not been remedied, POPPINS may terminate the TOU immediately and by operation of law, irrespective of any damages to which it may be entitled.
19.3 Effects of termination of the TOU
Termination of the TOU (including termination as a result of unsubscribing) will result in the User's account becoming inaccessible. The User will no longer be able to access the Services.
Notwithstanding termination of the TOU, for whatever reason, the licence stipulated in Article 15.1 above will continue for the period provided in that Article.
All the data supplied by the User will no longer be accessible online to anyone from the date of termination.
Article XX. Customer service
For any questions or information concerning the App and the Services, the User may contact POPPINS by sending an e-mail to the following address: support@wearepoppins.com.
Article XIX. Nullity - Waiver
These TOU express the entire agreement between the parties in relation to their subject matter.
In the event that one of the clauses of this contract is declared null and void by a change in legislation or regulations or by a court decision, this shall in no way affect the validity of and compliance with these TOU.
The titles attributed to the articles, paragraphs, sub-paragraphs and appendices of the TOU are for ease of reference only and may not be relied upon for their interpretation. Unless otherwise indicated, all references made in the TOU to articles, paragraphs, subsections and appendices constitute references to the articles, paragraphs, subsections and appendices of the TOU.
Failure by POPPINS to exercise its rights hereunder shall not constitute a waiver of such rights.
Article XXII. Mediation and dispute resolution
For any dispute relating to the execution of this TOU, the User, if a “consumer” within the meaning of the introductory article of the French Consumer Code, is informed that the User may refer the matter to the Consumer Mediator, either electronically at https://www.mediateurconsommation-smp.fr/, or by post to the attention of:
Société de la Médiation Professionnelle
MĂ©diation de la consommation
24, rue Albert de Mun
33 000 Bordeaux.
A consumer User may also contact the Online Dispute Resolution European platform at the following link https://ec.europa.eu/consumers/odr.
Except for the mediation option, any dispute shall be submitted to the jurisdiction of the courts of Paris, France.
Article XXIII. Applicable Law
The TOU are governed by French law. If any provision of the TOU is held by a court of competent jurisdiction to be illegal or invalid, the validity and enforceability of the remaining provisions shall not be affected thereby.
Article XXIV. Contact
By post: Poppins - 38 quai Henri IV, 75004 Paris, France
E-mail: support@wearepoppins.com
Article XXV. Updates
POPPINS reserves the right to modify and update, without prior notice, the present legal notice as well as all the elements and products presented on the App. All such modifications are binding on App users, who must consult the TOU each time they visit the App.
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