Popertee Limited ("Popertee" or the "Company")

Terms of Business

Please read these terms of business (“Terms”) as they contain important information regarding your legal rights, remedies and obligations and how you may make use of the services of Popertee Limited (“Popertee” or the “Company”) via www.popertee.com,www.popertee.ai and any other microsites, subdomains or applications affiliated with them from time to time (together the “Site”). Popertee is limited company registered in Ireland under company number 570978 and our registered office is at Dunran House, Ashford, Co. Wicklow.

By using the Site or any of the services (as defined below) offered by the Company on the Site, you confirm that you have accepted and agree to be bound by these Terms and any and all other applicable terms herein referenced. For the purpose of these Terms, Services shall include accessing and utilising the Site, assistance by the Company’s employees or agents, such as communication inperson and/or via phone, email, text or communications through the Site or otherwise. It also includes any other activities undertaken for a party who has accepted these Terms. You should print a copy of these Terms for future reference. If you do not agree to these Terms, please refrain from using our Site and Services.

Popertee reserves the right, at our sole discretion, to change the Terms and applicable conditions at any time. If you are not happy or do not accept any such change(s) you should not use or attempt to use the Site and/or the Services. If you keep accessing the Site and/or using the any part of the Service, this will indicate your continued acceptance of the Terms as altered. We may notify key changes in the Terms to you, but you should review these Terms from time to time to ensure you are aware of any changes.

The contract entered between you and Popertee in respect of your use of the Site and/or the Services is formed from the earlier of the time at which you register and create an account with Popertee to access the Site and/or the Services and/or make an enquiry of Popertee in relation to the provision of Services in-person, via phone, email, text, communications through the Site or otherwise.

How we work

Popertee is an online marketing platform that allows prospective parties who register for and utilise the Site and Services or otherwise make an enquiry through the Site (“Brands”) to access, search, profile and, where applicable, receive data driven recommendations on spaces which match a Brand target audience criteria, compare and then through the Site directly connect with a range of available spaces (“Spaces”) in Ireland and UK for the purposes of securing on a short-term basis typically from one to eight weeks (“Booking”). Space owners, agents and landlords can provide Spaces to Popertee for the purposes of marketing such Spaces through the Site to prospective interested Brands. The Spaces displayed on our Site are not owned nor operated by Popertee and we act in an intermediary capacity only. If requested, we may agree to facilitate the formation of an booking agreement between a Brand and an owner, landlord and/or an agent thereof (“Landlord”) , in relation to a Space but Popertee will not be a party to any booking agreement,license agreement, lease, or similar agreement or recordal of terms which may be entered into between a Brand and a Landlord (a “Booking Agreement”) in relation to any Space accessed on the Site or otherwise offered to a Brand by or through the Services. Popertee disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law. Popertee makes no warranty as to any particular result or outcome being achieved or obtained, or being achievable or obtainable, from use of the Site and/or the Services. Popertee does not at any time provide, or purport to provide, any advice, or advisory services, to Landlords, Brands or any other party, in particular with respect to the suitability of a Space for a Brand’s requirements or the commercial, financial, legal or any other consequences of any Booking Agreement. Popertee may upon request, and for information purposes only, provide a template licence agreement and in such situations Popertee makes no representation as to the appropriateness, accuracy or otherwise of such template licence agreement, takes no responsibility nor assumes any legal or other responsibility therefor. Popertee does not provide any ‘property services’ as defined in the Property Services (Regulation) Act 2011.

Visitors to the Site may access certain areas of the Site without registration but visitors who want full access to the Site and the Services may be required to complete an account registration and following which registration an account will be created for you with a unique username and login password (“Account”) (“Users” or” you”). You must always keep your password confidential and must use it only to access and use your Account and not for any other purpose. You are the only authorised user of your Account and, accordingly, you must not disclose your password to anyone else. You should contact us immediately upon discovering any unauthorised use of your Account or error in the operation of your password. Any breach of these Terms and/or any use of your Account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you and will not relieve you of your obligations to us. We reserve the right to require you to alter or replace your password(s) at any time at our sole discretion. You must be at least 18 years old to register as a User and each User will be responsible for all actions taken by or through their respective Account. We reserve the right to make due diligence enquiries in respect of any User, Account or attempted registration of an Account. When you create an Account on behalf of another person, company, partnership or other entity, you warrant and represent that you have the authority to bind that person, organisation or entity to these Terms and as such, any reference to a User or “you” and any warranties, representations, statements, acts or omissions made by you will be deemed to apply equally to such represented person(s) who shall be and shall remain responsible and liable for the same under these Terms.

By accepting the Terms you agree that we may process and store any content or details that you submit on the Site or otherwise to us.

Accessing the Site

Access to the Site and Services is permitted on a temporary basis unless otherwise agreed between Popertee and a User, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to Users to some parts of the Site. We have the right to disable any Account at any time, if in our opinion a User has failed to comply with any of the provisions of the Terms.

We provide details on Spaces for information purposes only. We do not verify nor provide any assurance as to the quality or accuracy of the information on the Site. Brands are responsible for making their own enquiries on any Space from the relevant landlord and/or agent and should seek independent professional advice from a person(s) who is licensed and/or qualified in the applicable area and get legal advice before entering into any Booking Agreement.

Popertee provides the Services and maintains the Site on an ‘as is’ basis and are liable only to provide our services with reasonable skill and care. Third-party websites and/or online services to which you may be required to register in order to complete a Booking or otherwise have not been verified or reviewed by Popertee and all use and access of such third-party sites is made at your own risk. Please note that Popertee assumes no responsibility for a Landlord or Space owner’s compliance with any applicable laws, rules and regulations.

Using the Site or the Services

A User will be able to access the Site to search for information on potentially suitable Spaces based on range of chosen search criteria. Popertee makes no warranty as to any particular result being achieved or obtained, or being achievable or obtainable by a User, from use of the Site and the introduction of any User to party by Popertee.

Fees

Users acknowledge that the Site and Services operate to market spaces. A User/Brand and the Landlord each agrees to pay Popertee a marketing service fee where a User uses the Site and/or the Services and subsequently enters into a Booking Agreement in relation a Space. The marketing service fee shall be calculated as 10% of the total amount payable by the Brand/User to the Landlord under the Booking Agreement or otherwise as may be formalised or recorded between the User and the Landlord (the “Marketing Service Fee”) plus VAT, if applicable subject to a minimum Marketing Service Fee of €500 plus VAT. The Marketing Service Fee is non-refundable when paid.

In the event of a dispute between Popertee and a User/Brand and/or a Landlord in relation to a Space or otherwise the Marketing Service Fee shall remain due and payable by the User/Brand and the Landlord respectively, save for where the User/Brand and the Landlord has provided specific documentary evidence of its engagement between them regarding the specific Space and provides Popertee all related information and documentation in support of such dispute. Popertee agrees to review this information, together with its own documented evidence, in good faith, and determine whether the introduction to the User/Brand is valid or not. Popertee’s determination on the matter shall be final and binding on the User/Brand and the Landlord respectively.

The Marketing Service Fee shall be payable on completion of a Booking Agreement and shall be nonrefundable once paid. A Brand may, at its election and with the agreement of Popertee, pay the Marketing Service Fee as to 50% on completion of the Booking Agreement and the balance of 50% monthly in advance spread over the term as set out in the Booking Agreement but in this case the Marketing Service Fee shall be calculated at a fixed percentage of 15% of the of the total amount payable by the Brand/User to the Landlord under the Booking Agreement. The Landlord Marketing Service Fee shall be due and payable on receipt by the Landlord of a booking deposit in the amount of at least 20% of the total amount (plus VAT, if applicable) payable by the Brand/User to the Landlord under the Booking Agreement or otherwise as recorded or formalised between the Brand/User and the Landlord.

If the Brand extends the term of the Booking Agreement, enters into a new Booking Agreement with the same Landlord in relation to the space the subject of the Booking Agreement or a new space owned or controlled by the Landlord for a maximum period of one (1) year from the date of the original Booking Agreement, both the Brand/User and the Landlord shall each be liable to Popertee for an additional Marketing Service Fee in relation to the new Booking Agreement to be calculated on the same basis as set out above i.e. 10% or 15% if not paid upfront.

Popertee reserves the right to receive a marketing, management, Site usage fee or other payment from a Landlord, other person or entity in relation to a Booking Agreement or the marketing of a Space.

Invoicing

An invoice in respect of the Marketing Service Fee will be issued by Popertee when the User/Brand signs a Booking Agreement or otherwise agrees terms for the rental of a Space with a Landlord. Subsequent invoices will be raised in advance as appropriate depending on the Marketing Service Fee payment alternative (as set out above) selected by the Brand. The Brand agrees to pay all invoices within seven (7) calendar days of the date of the invoice or earlier if the Booking Agreement relates to a period less than 30 days from the date of such Booking Agreement.

If the Brand fails to make any payment due to Popertee by the due date for payment, then the Brand shall pay interest on the overdue amount at the rate of 8% per cent per annum above AIB Bank’s base rate from time to time. Such interest shall accrue daily from the due date(s) until actual payment of the overdue amount, whether before or after judgment. The Brand shall pay the interest together with the overdue amount. In the event of a failure to pay an invoiced amount Popertee reserves the right to suspend or terminate the Brand’s access to the Site and the Service and charges will continue to be incurred until the Account of the Brand is closed.

The Brand shall pay all amounts due in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Popertee may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Brand against any amount payable by Popertee to the Brand.

Conditions of Use

You agree not to engage in any of the following activities in connection with the Site or the Service:

  1. copying, distributing, or disclosing any part of the Site or Services by any means
  2. using any automated system, including without restriction "robots," "spiders," "offline readers," etc., to access the Site in a way that sends more request messages to the Popertee servers than a human person can reasonably create in the same period of time by using a conventional on-line web browser (except that Popertee grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Site for the sole purpose of and solely to the degree necessary for creating publicly available searchable indices of the materials);
  3. transmitting spam, chain letters, or any other unsolicited email;
  4. attempting to meddle with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
  5. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately big load on our infrastructure;
  6. uploading invalid data, viruses, worms, or malware through the Site;
  7. collecting or harvesting any personally identifiable information, including account names, from the Site;
  8. using the Site for any commercial solicitation purposes except as set forth herein;
  9. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  10. interfering with the proper working of the Site;
  11. accessing any content on the Site through any technology or means other than those provided or authorised by the Site
  12. bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or
  13. in the case of any functionality that enables you to connect with other Users, doing so in an abusive, threatening, or harassing manner or for any purpose other than as permitted herein.

Non-Circumvention

Users and Landlords respectively agree that they will not, without Popertee’s prior written consent, for a period of 24 months from the date of providing a Space for marketing by Popertee, the making an enquiry of Popertee about the Booking of a Space or entering a Booking Agreement facilitated by Popertee (or where one or more of such dates apply the latest date thereof), make or attempt to enter into a Booking Agreement in relation to such relevant Space(s) and that should a User and/or a Landlord do so shall each be liable to pay a Marketing Service Fee to Popertee in respect of such Booking Agreement on the same basis as set out herein.

Indemnity

You agree to release, defend, indemnify and hold Popertee, our officers, directors, employees, affiliates, agents and representatives harmless from and against any claims, liabilities, damages, actions, costs and expenses (including without limitation reasonable legal fees and litigation expenses), in connection with or arising out of your breach of any of these Terms and/or your use of the Site or the Services.

Governing Law

All persons using the Site or Services acknowledge that these Terms of Business shall be governed by the laws of the Republic of Ireland.

Contacting Popertee

PPlease submit any questions you have about these Terms of Business, or any complaint or concern in relation to the Site or the Services by email to hello@popertee.com or write to us at: Popertee Limited Help, NDRC, Crane Street, Dublin 8, Ireland.

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