Welcome to POPERTEE.com, the online and mobile service of POPERTEE Limited (hereinafter referred to as “POPERTEE”). POPERTEE.com currently gives an international online platform and marketplace for Property Owners and Businesses (as defined below) to match up requirements online and negotiate arrangements for short-term bookings of vacant commercial properties and spaces. POPERTEE does not act as a letting agent, broker or managing agent for Property Owners or Businesses. POPERTEE is not an owner or worker of any properties nor is it a supplier of such properties, and POPERTEE does not possess, sell, resell, supply, give, rent, re- rent, handle and/or manage properties. POPERTEE provides technology services only and acts as a restricted payment collection agent of Property Owners for purposes of facilitating payments from Businesses on their behalf.
PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY TO ENSURE THAT YOU UNDERSTAND EACH TERM. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL MEDIATION AND ARBITRATION CLAUSE THAT REQUIRES THE USE OF MEDIATION AND ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT ACTION.
- Use of Our Service
You may use the Service only if you can form a binding contract with POPERTEE, and only in conformity with this Agreement and all related local, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 18 is strictly prohibited and in violation of this Agreement. The Service is not offered or available to any Users previously banned from the Service by POPERTEE.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as officially recognised by the features of the Service. POPERTEE reserves all rights not specifically granted herein in the Service and the POPERTEE Content (as defined below). POPERTEE may terminate this license at any time for any cause or grounds or for no reason.
Your POPERTEE account gives you admittance to the services and functionality that we may set up and maintain from time to time and in our sole discretion. POPERTEE may keep different types of accounts for different types of Users, such as Property Owners and Businesses. If you open a POPERTEE account on behalf of a company, organisation, or other entity, then (a) “you” includes you and that entity, and (b) you represent and certify that you are an authorised agent of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By linking to POPERTEE with a third-party service, you give us permission to access and use your information from that service as allowed by that service, and to store your log-in credentials for that service.
You may under no circumstances use another User’s account without permission. When creating your account, you must provide accurate and full information, and you must keep this information up to date and current if you continue to use the Service. You are solely accountable for the activity that occurs on your account, and you must keep your account password protected. We encourage you to use “strong” passwords (passwords that use a mixture of upper and lower case letters, numbers and symbols) with your account. You must notify POPERTEE at once of any breach of security or unauthorised use of your account. POPERTEE will not be liable for any losses caused by any unauthorised use of your account.
You may control your User profile and how you interact with the Service by altering the settings in your profile and settings pages. By providing POPERTEE with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communiqué by postal mail. We may also use your email address to send you other messages, such as changes to characteristics of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may however prevent you from receiving email messages that may be of interest to you.
You agree not to engage in any of the following barred activities in connection with the Service:
- copying, distributing, or disclosing any part of the Service in any means, including without by any automated or non-automated “scraping”;
- using any automated system, including without restriction “robots,” “spiders,” “offline readers,” etc., to access the Service 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 POPERTEE.com for the sole purpose of and solely to the degree necessary for creating publicly available searchable indices of the materials);
- transmitting spam, chain letters, or any other unsolicited email;
- attempting to meddle with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately big load on our infrastructure;
- uploading invalid data, viruses, worms, or malware through the Service;
- collecting or harvesting any personally identifiable information, including account names, from the Service;
- using the Service for any commercial solicitation purposes except as set forth herein;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- interfering with the proper working of the Service;
- accessing any content on the Service through any technology or means other than those provided or authorised by the Service;
- bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or
- in the case of our 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.
Accessing any audiovisual content that may be available on the Service for any function or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Service. “Streaming” means a simultaneous digital transmission of an audiovisual work via the Internet from the POPERTEE Service to a User’s device in such a manner that the data is intended for real-time screening and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, modify the Service; stop providing the Service or features of the Service, to you or to Users generally; or generate usage limits for the Service. We may permanently or temporarily cease or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any condition of this Agreement, or for no reason. Upon termination for any cause or no cause, you continue to be bound by this Agreement.
You are solely responsible for your communications with other POPERTEE Users. Any agreements you enter with another User are solely between you and that User, and POPERTEE is not a party thereto. We reserve the right, but have no obligation, to observe disputes between you and other Users. POPERTEE shall have no liability for your relations with other Users or for any profile or content, or for any User’s action or inaction.
- User Content
Some areas of the Service allow Users to post or present content such as profile information, property information, photographs, images, videos, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service is “User Content”). POPERTEE claims no ownership rights over User Content created by you. The User Content you generate remains yours; however, by providing or sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. POPERTEE has the right (but not the obligation) in its sole discretion to get rid of any User Content that is shared via the Service. User content cannot be relied upon to form part of any contract or licence of property.
You agree not to place User Content that:
- may create a risk of harm, loss, physical or mental injury, or harm to you, to any other person, or to any animal;
- may create a risk of any other loss or harm to any person or property;
- seeks to harm or take advantage of children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- may amount to or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy or publicity rights, humiliating to other people, libellous, threatening, profane, obscene, or otherwise objectionable;
- contains any information or content that is illegal;
- contains any information or content that you know is not correct and or contains false or misleading information or a price that you do not intend to honour;
- is in breach of any agreements you have entered into with any third parties;
- violates any relevant laws (including tax requirements, rules, and regulations, such as planning laws, that may apply to commercial space). You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby confirm that you are the owner of all the copyright rights and have the power to grant the license below. POPERTEE reserves the right, but is not obligated, to reject and/or remove any User Content that POPERTEE is of the understanding that violates any of these provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, trademark, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all registrations, renewals and extensions thereof, under the laws of any country, territory or other jurisdiction.
In correlation with your User Content, you confirm and warrant the following:
– You have the written permission of each and every identifiable person in the User Content, if any, to use such person’s name or portrait in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
– Your User Content and POPERTEE’s use thereof as contemplated by this Agreement and the Service will not infringe any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
– POPERTEE may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise.
– To the best of your knowledge, all your User Content and other information that you provide to us is honest and accurate.
POPERTEE takes no responsibility and assumes no legal responsibility for any User Content that you or any other User or third party posts or otherwise makes available over the Service, including without limitation profile information, ratings, or reviews. You shall be solely responsible for your User Content and the potential results of posting it, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is imprecise, unpleasant, inappropriate for children, or otherwise unsuited to your purpose, and you agree that POPERTEE shall not be liable for any damages you allege to incur as a result of any User Content or any use of or access to any User Content.
- User Content License Grant
By posting, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to POPERTEE a royalty-free, sub licensable, assignable, continual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, allocate, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or image as contained in your User Content, in whole or in part, and in any form, whether now known or hereafter developed, for use in connection with the Service and POPERTEE ’s (and its successors’ and affiliates’) business, including without restraint for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as allowed through the use of the Service and under this Agreement.
- Mobile Phone Software
We may offer software to access the Service via a mobile device (“Mobile Phone Software”). To use the Mobile Phone Software you must have a mobile device that is compatible with the Mobile Phone Software. POPERTEE does not warrant that the Mobile Phone Software will be compatible with your mobile device. POPERTEE hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Phone Software for one POPERTEE account on one mobile unit owned or leased solely by you, for your personal use. You may not: (i) alter, disassemble or reverse engineer the Mobile Phone Software, except to the extent that such restriction is expressly prohibited by law; (ii) hire, lease, loan, resell, sublicense, hand out or otherwise transfer the Mobile Phone Software to any third party or use the Mobile Phone Software to provide time sharing or comparable services for any third party; (iii) make any copies of the Mobile Phone Software; (iv) remove, evade, disable, damage or otherwise interfere with security-related features of the Mobile Phone Software, features that stop or restrict use or copying of any content accessible through the Mobile Phone Software, or features that enforce limitations on use of the Mobile Phone Software; or (v) remove the copyright and other proprietary rights notices on the Mobile Phone Software. You acknowledge that POPERTEE may from time to time issue upgraded revisions of the Mobile Phone Software, and may automatically electronically upgrade the version of the Mobile Phone Software that you are using on your mobile device. You consent to such routine upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Phone Software is covered by the applicable open source or third-party license EULA, if any, authorising use of such code. The foregoing license grant is not a sale of the Mobile Phone Software or any copy thereof, and POPERTEE or its third party partners or suppliers retain all right, title, and interest in the Mobile Phone Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. POPERTEE reserves all rights not expressly granted under this Agreement
Mobile Phone Software from iTunes
The following applies to any Mobile Phone Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and POPERTEE, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to POPERTEE as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to POPERTEE as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, POPERTEE, not Apple, will be solely accountable for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and POPERTEE acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
- Our Proprietary Rights
Except for your User Content, the Service and all resources therein or transferred thereby, including, without restriction, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “POPERTEE Content”), and all Intellectual Property Rights related thereto, are the exclusive property of POPERTEE and its licensors (including other Users who post User Content to the Service). Except as unambiguously provided herein, nothing in this Agreement shall be deemed to generate a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any POPERTEE Content. Use of the POPERTEE Content for any purpose not specifically permitted by this Agreement is strictly prohibited.
You may choose to or we may request you to submit comments or ideas about the Service, including without limitation about how to develop the Service or our products (“notes”). By submitting any note, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place POPERTEE under any fiduciary or other obligation, and that we are free to use the note without any additional compensation to you, and/or to disclose the note on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, POPERTEE does not waive any rights to use similar or related notes previously known to POPERTEE, or developed by its employees, or obtained from sources other than you.
- POPERTEE Ratings
Certain aspects of the Service may allow you to obtain certain status or performance indicators, such as ratings or reviews (“POPERTEE Ratings). You acknowledge that you do not own the account you use to access the Service, nor do you hold any rights of access or rights to data stored by or on behalf of POPERTEE Ratings on POPERTEE servers, including without limitation any data representing or symbolising any or all of your POPERTEE Property. You agree that POPERTEE has the unqualified right to administer, regulate, control, modify and/or eliminate POPERTEE Ratings as it sees fit in its sole discretion, in any general or specific case, and that POPERTEE will have no liability to you based on its exercise of such right. All data on POPERTEE’s servers are subject to removal, alteration or transfer.
NOTWITHSTANDING ANY PRICE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT IN EXISTANCE ON POPERTEE’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN POPERTEE’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. POPERTEE DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, ATTRIBUTED TO ANY DATA RESIDING ON POPERTEE’S SERVERS.
- Paid Services
Some features of the Service may be provided for a fee or other charge. If you elect to use paid features of the Service, you agree to the pricing and payment terms, as we may update them from time to time. For instance, POPERTEE may charge service fees for the technology and other services it provides. POPERTEE may add new services for additional fees and charges, or modify fees and charges for existing services, at any time.
You may cancel your POPERTEE account at any time; however, there are no refunds for cancellation after any charges have been incurred. In the event that POPERTEE suspends or terminates your account or this Agreement.
Payment Information; Taxes; Rates
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be precise, complete, and existing. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other financial transaction interactions.
Property owners agree to be wholly responsible for the payment of any PROPERTY RATES attaching to their property and no liability in respect thereof shall pass to either the Business Owner or POPERTEE.
You may use mobile data in connection with POPERTEE’s Mobile Phone Software applications and/or sign up to receive certain POPERTEE notifications or information via push notifications, text messaging. You agree that if you provide POPERTEE with your phone number, we may use it to contact you via voice calls or text messages or to enable other Users to contact you pursuant to the characteristics or functionality of the Service. You may incur additional charges from your phone provider for these services. You agree that you are solely accountable for any such charges.
Unless otherwise agreed by the parties in writing, POPERTEE shall forward payments due to you hereunder no later than thirty (30) days after the end of each calendar month in which the relevant fees are received. Payment shall be in the form you select when you register for the Service, or as subsequently updated as permitted by the Service. POPERTEE reserves the right to withhold payment or charge back to your account any amounts due to us under this Agreement, or amounts due to any breach of this Agreement by you, pending POPERTEE’s reasonable analysis of such breach. POPERTEE also reserves the right to hold back payment or charge back to your account any amounts subject to dispute, such as in the case of credit card charge backs, pending successful resolution of the disagreement. To ensure proper payment, you are solely accountable for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may keep back your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued fee. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify POPERTEE in writing within thirty (30) days of such payment or from when you alleged such payment would have been due, whichever is earlier. Failure to so notify POPERTEE shall result in the waiver by you of any claim relating to such undecided payment. Payment shall be calculated solely based on records kept by POPERTEE. No other measurements or statistics of any kind shall be accepted by POPERTEE or have any effect under this Agreement and you shall have no audit rights hereunder. We may withhold any taxes or other amounts from payments due to you as required by law from time to time.
POPERTEE recommends that Property Owners and businesses acquire appropriate insurance for their commercial spaces. Please review any insurance policy that you may have for your space carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Businesses (and the individuals the Businesses may invite to the space, if applicable) while Businesses are at your property.
POPERTEE, its servants and agents, successors and assigns, accepts no liability in the event that no insurance is taken out or the insurance policy fails. The Property Owner hereby agrees and confirms it is their responsibility to ensure appropriate and adequate insurance cover is in place at all times.
- No Endorsement
POPERTEE does not endorse any Users or any profiles or other information posted to the Service. In addition, although this Agreement requires Users to provide accurate information, we may not attempt to substantiate, and may not verify, any User’s purported identity. You are responsible for determining the identity and suitability of others who you get in touch with via the Service. By using the Service, you agree that any legal solution or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from POPERTEE with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Service as allowed by the features and functionality of the Service and the terms of this Agreement. This limitation shall not apply to any claim by a Property Owner against POPERTEE, which instead shall be subject to the limitations outlined in the section below entitled “Limitation of Liability.”
- Agreements and Licences between Property Owners and Businesses
In using the Service, each party agrees to honour the terms communicated between them via the Service.
The fee payable is inclusive of all insurance, rates, service charges, fees, stamp duty and VAT that is applicable.
POPERTEE encourages every Property Owner to have the Business in question sign a formal short-term license for the use of the space. POPERTEE may provide short-term license and lease agreements that contain industry-standard wording for use as default agreements. By agreeing to the terms contained in these agreements, the parties agree to honour them. Be aware, however, that POPERTEE , does not require you to use a particular contract or Licence or Lease, that POPERTEE is not liable for any content or omissions contained in any contracts it provides, and that POPERTEE is not acting as a solicitor, estate agent, letting agent or providing legal services. POPERTEE recommends that each party review any contracts with a qualified third-party solicitor prior to signing.
The Property Owner is responsible for ensuring that the property has the relevant planning required for the advertised use and indemnifies POPERTEE in respect of any mistake, act or omission in that regard.
The Property Owner is liable for accounting for their own VAT and must account to the Revenue Commissioners in respect of same. POPERTEE does not and cannot accept any liability for any damages or fines that you may incur as a result of any error or omission to pay VAT on time or at all.
- Appointment of POPERTEE as Payment Agent for Property Owner
Each Property Owner hereby appoints POPERTEE as the Property Owner’s restricted payment collection agent solely for the purpose of collecting payments made by Businesses to the Property Owner. Each Property Owner agrees that payment made by a Business to POPERTEE shall be considered the same as a payment made directly to the Property Owner and the Property Owner will then make the applicable commercial space available to the Business in the agreed upon manner as if the Property Owner has received the applicable fees directly. Each User agrees to the terms of the POPERTEE Cancellation Policy. In accepting appointment as the restricted authorised agent of the Property Owner, POPERTEE assumes no liability for any acts or omissions of the Property Owner. All Property Owners who licence, lease, rent, or otherwise licence their commercial spaces via the Service must receive payment through the Service. POPERTEE will terminate a Property Owner’s access to the Service if such Property Owner is found to be accepting payment outside the Service for a commercial space leased, rented, or otherwise licensed through the Service.
- Cancellation Policy
Either Party can make a cancellation up to 14 days prior to 12pm on your first day of agreed use. To cancel your booking, please email email@example.com When your cancellation has been confirmed you will receive an email from us and you are entitled to a full refund of your booking deposit less the Popertee fee for the transaction.
If you make a cancellation less than 14 days in advance the booking deposit will not be refunded. Your booking then reverts to the discretion of the Property Owner. Popertee accepts no responsibility for the terms and conditions of the Property Owners cancellation policy.
- Security Deposits
Property Owners may choose if they require a security deposit from Businesses, however POPERTEE is not responsible for administering or accepting any claims by Property Owners related to such deposits, and disclaims any and all liability in this regard.
All Property Owners require a payment of 20% of the entire agreed price on booking to reserve the Space. The remainder of the fee due is to be paid not less than 30 days prior to the commencement of use by the Business Owner unless the property is booked less than 30 days in advance, in that instance the entire agreed fee is due on booking.
- No Professional Advice
If any aspect of the Service makes available professional information (for example, legal or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service either online or otherwise. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
POPERTEE cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to overcome our security measures or use your personal information for improper purposes. You acknowledge that you provide your individual information at your own risk.
- Third-Party Material and Payment Services
Property owners shall be liable for any and all charges incurred in relation to processing the business owners payment and these shall be charged by POPERTEE to the Property Owner.
You consent to defend, indemnify and hold harmless POPERTEE and its subsidiaries, agents, licensors, assignees, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and admission to the Service, including any data or content transmitted or received by you; (ii) your breach of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your breach of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your breach of any applicable law, rule or regulation; (v) any of your User Content or any that is uploaded via your account; (vi) any other party’s access and use of the Service with your unique username, password or other suitable security code; or (vii) your interactions with any other Users, including without limitation any licences or other agreements you enter into with such Users.
- No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POPERTEE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, POPERTEE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
POPERTEE DOES NOT WARRANT, APPROVE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE POPERTEE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND POPERTEE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR BETWEEN PROPERTY OWNERS AND BUSINESSES. POPERTEE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY INSURANCE THAT MAY BE MADE AVAILABLE TO BRANDS PURSUANT TO THIS AGREEMENT.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POPERTEE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL POPERTEE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORISED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
PLEASE NOTE THAT, AS STATED HEREIN, POPERTEE IS INTENDED TO BE USED AS A TECHNOLOGY SERVICE TO FACILITATE THE BOOKING OF COMMERCIAL SPACE BETWEEN USERS. POPERTEE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY POSTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY COMMERCIAL SPACE. POPERTEE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL POSTINGS AND COMMERCIAL SPACE RENTALS. ACCORDINGLY, ANY AGREEMENTS WILL BE MADE AT THE RISK OF ANY BRAND AND ANY SPACE OWNER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POPERTEE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) ANY INSURANCE THAT MAY BE MADE AVAILABLE TO BRANDS PURSUANT TO THIS AGREEMENT; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL POPERTEE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO POPERTEE HEREUNDER OR €100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF POPERTEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from services in the Republic of Ireland. POPERTEE makes no representations that the Service is suitable or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Irish laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the Republic of Ireland.
- Governing Law, Arbitration, and Class Action/Jury Trial Waiver
You agree that: This Agreement shall be governed by the laws of the Republic of Ireland
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM POPERTEE.
For any dispute with POPERTEE, you agree to first contact us at (INSERT EMAIL ADDRESS) and attempt to resolve the dispute with us informally. In the unlikely event that POPERTEE has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. An Arbitrator shall be agreed upon or chosen by Arbitration Ireland. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing POPERTEE from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by POPERTEE without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement
This Agreement, together with any amendments and any additional agreements you may enter into with POPERTEE in association with the Service, shall constitute the entire agreement between you and POPERTEE concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and POPERTEE’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
This Agreement was last modified on 23rd May 2016