Terms and conditions
These General Conditions of Use and Contracting (hereafter, Conditions) regulate the use of and access to the website mypoppins.com (hereafter, the Platform), owned by MyPoppins, S.L. (hereafter, MyPoppins) for registered users, as well as the conditions which apply to the contracting of the services offered through the Platform. MyPoppins is a service that provides the mediation and online management of cleaning services which are provided by users of the Platform (hereafter, the Poppins) who are contracted by other users through the Platform (hereafter, the Users). MyPoppins plays no part in the delivery of the services which are contracted through the Platform, and the Poppins shall remain solely responsible for the proper provision of the services in accordance with the characteristics stated on the Platform. Access to the Platform implies knowledge and acceptance of these Conditions:
Access and Registration
To become a User of the Platform, the following requirements must be met:
- The User must be at least or over 18 years of age
- The User must accurately complete the compulsory fields on the registration form where personal information is requested
The User ensures that all information regarding their identity and legitimacy which is provided to MyPoppins via their Platform registration forms is true, accurate and complete. The User also agrees to keep their details up-to-date. In the event that the User provides any false, inexact or incomplete data, or if MyPoppins believes there is good reason to doubt its truth, accuracy and integrity, MyPoppins may refuse access to and use of, in the present or in the future, the Platform or any of its contents and/or services. When registering on the Platform, the User must enter their full name, an email as a user ID, and select a password. The password must be strictly confidential, personal and non-transferable. The User agrees not to disclose data related to their account and agrees not to make it accessible to third parties. The User shall be solely responsible for the use of such data by third parties, including any manifestations expressed on the Platform or any other action that is carried out when using the username and/or password.
MyPoppins allows registration to the Platform to be done by synchronising with third-party services (e.g. Log-In with a Facebook account).
MyPoppins cannot guarantee the identity of registered Users. As a result, it shall not be held responsible for the use of a registered User’s identity by unregistered third parties. The User is obliged to immediately notify MyPoppins of the theft, disclosure or loss of their username or password by contacting firstname.lastname@example.org
MyPoppins’ services include managing Users’ cleaning needs in their homes, putting them in contact with Poppins, and receiving and confirming contracting requests between Users and Poppins. MyPoppins shall receive and confirm service contracting requests and, where applicable, shall help to complete the necessary formalities so that every service is performed in accordance with the law.
MyPoppins has no power in the decisions taken by the Poppins to accept or decline a service. The decision to accept a service is always the exclusive prerogative of the Poppins. The User shall have the option of contracting a Poppins on an occasional or recurring basis, i.e. contracting which repeats every week or every two weeks. MyPoppins recommends recurrent contracting to ensure that the Service is provided by the same Poppins.
The contractual relationship between the users of the digital platform and the Poppins will be established according to the Special System for Social Security Domestic Workers. This limits MyPoppins to providing mediation services via their digital platforms so that the service is more efficient. Thus, every working relationship will always be between the Users and the Poppins, and the Poppins will be solely responsible for keeping up-to-date with all tax and Social Security obligations regarding their activities.
In light of the above, the User acknowledges and accepts that MyPoppins is not obliged to provide, and indeed does not provide, any kind of warranty for any potential damages incurred during the course of a Service. The User therefore agrees not to hold MyPoppins liable for any damages caused to the User and/or to their home during the provision of the Service by a Poppins.
Limits of the Service
The User will only be able to use the MyPoppins service for their home and never for public or professional places such as offices and stores.
The following services will NOT be provided by any Poppins on the Platform:
(i) Upholstery cleaning,
(ii) Window cleaning in areas with a risk of falling,
(iii) Curtain cleaning,
(iv) Garden cleaning or maintenance,
(v) Treatment of areas with mould or dangerous material,
(vi) Insect extermination.
Payment of the Service
The User can access the payment area for the services contracted out to the Poppins through the Platform following all the contracting procedure steps which are set by the Platform.
The fee applied to the Service will be calculated at the end of the payment gateway according to the variables which are applicable at all times, giving the User total freedom to accept or reject the fee.
At the point of payment, the User will be able to make the payment by credit or debit card and the amount will be retained by the payment gateway Stripe (https://stripe.com) and will be available on the Platform until the service has actually been completed by the Poppins.
Furthermore, once the contracting procedure has been completed, the Platform’s contracting gateway will notify the User by email of all the relevant characteristics of the service which has been contracted. If the User does not receive a confirmation email within 24 hours of the completion of the purchase, it will be the User’s responsibility to confirm the transaction’s approval with MyPoppins.
It is the User’s responsibility to have the necessary services and equipment in place for browsing the Internet and for accessing the Platform. In the event of any incident or difficulty in accessing the Platform, the User can inform MyPoppins who will then analyse the problem and will provide the User with instructions on how to resolve the situation in the shortest possible time. The User is completely responsible for access to and the proper use of their profile and other content on the Platform, subject to applicable national or international legislation, as well as to the principles of good faith, moral standards, good customs and public order. The User specifically agrees to diligently comply with these Conditions. The User will refrain from using their profile and any other content on the Platform for illegal purposes or effects which could adversely affect the rights and interests of third parties, or which could in any way damage, render useless, alter or deteriorate the Platform, its contents and its services. Additionally, it is forbidden to impede the normal use or enjoyment of the Platform by other Users. Those who fail to comply with such obligations will be liable for any loss or damage that they cause. MyPoppins shall not be held responsible for any consequence, damage or loss that may arise out of said access or unlawful use by third parties.
In general, and including but not limited to, the User agrees:
- Not to use the Platform for illegal or unauthorised purposes;
- Not to host, store, disseminate, publish, distribute or share any content that could amount to illegal interference or a violation in any way of the fundamental rights to the reputation, image and personal and family privacy of third parties and, especially, minors;
- Not to post any comment or information which is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any other way contrary to morals or public order on any part of the Platform nor on their own profile or on that of another User;
- Not to alter or modify, totally or partially, the Platform, evading, disabling or manipulating its functions or services in any way;
- Not to infringe on the industrial and intellectual property rights or regulations governing the protection of personal data;
- Not to use the Platform to insult, defame, intimidate, violate self-image or harass other Users;
- Not to access other Users’ email accounts;
- Not to introduce computer viruses, faulty files, or any other computer program which could damage or alter the content or systems of MyPoppins or third parties;
- Not to send bulk and/or repetitive emails to a number of people, nor to send third-party email addresses without their consent;
- Not to carry out advertising campaigns for goods or services without prior consent from MyPoppins.
Any User may report another User if they believe that they are in breach of these Conditions. Similarly, any User may notify MyPoppins of any abuse or violation of these conditions by sending an email to email@example.com. MyPoppins will assess this report at the earliest opportunity and will adopt the measures that it deems appropriate, while reserving the right to remove and/or suspend any User from the Platform for violation of these Conditions.
The User agrees not to hold MyPoppins liable for any possible claim, fine, penalty or sanction that it may be obliged to bear as a result of the User’s non-compliance with the aforementioned rules of use. MyPoppins also reserves the right to request compensation for any corresponding damages or harm. Service Evaluations The User will have the option of evaluating the tasks of any service provided by any Poppins as soon as it has been completed. MyPoppins will not be held responsible for editorial, and it explicitly states that it does not identify with any of the opinions that Platform Users may share on the areas of the Platform which are especially designed for Users’ comments. The consequences of these actions are to be borne by whosoever performs them, especially when it comes to opinions expressed by Users on the quality of the services provided by the Poppins and the services contracted through the Platform.
The User agrees to always use good manners and be respectful with the Poppins. MyPoppins reserves the right to remove and/or suspend any message that contains illegal or offensive content, without prior notice.
MyPoppins is under no obligation to monitor, and indeed does not monitor, the use of the Platform by Users. It therefore cannot guarantee that Users will use the Platform in accordance with these Conditions, nor that they will use it diligently and/or prudently. MyPoppins is under no obligation to verify, and indeed does not verify, neither the identity of the Users, nor the accuracy, validity, completeness and/or authenticity of the information that they provide.
MyPoppins excludes any liability for any kind of damage or loss that may arise as a result of the unlawful use of the Platform by Users or that may arise as a result of the lack of accuracy, validity, completeness and/or authenticity of the information that Users provide to other Users about themselves and, in particular, about the services which can be contracted through the Platform. It also excludes any liability for any kind of damage or loss that may be caused by a User impersonating the personality of a third party in any kind of communication made through the Platform.
Notwithstanding the above, MyPoppins reserves the right to restrict, totally or partially, certain Users’ access to the Platform, as well as to cancel, suspend, block or delete certain types of content, by using technological instruments that are suited to the purpose, if it believes that the activity or information being stored is unlawful or detrimental to the assets or rights of a third party. As a result, MyPoppins may establish the necessary filters in order to avoid illegal or offensive content from being published on the internet via the service.
MyPoppins will not be held responsible for service interruptions, connection problems, lack of availability or poor service access to the Internet, nor for Internet network interruptions or for any other reason beyond its control. MyPoppins accepts no responsibility for errors in security that may arise nor for damages that may be caused to the User’s computer system (hardware and software) or to the files or documents stored on their computer system as a result of the presence of a virus in the computer system or on the User’s mobile terminal that is used to connect to the Platform’s services and contents, or as a result of a browser’s malfunctioning or the use of outdated versions of the browser.
Discounts and promotions
Users may use any of the different promotional vouchers to benefit from existing MyPoppins offers as long as they were issued or validated by MyPoppins and are within their validity period.
All promotional vouchers are limited to single use by the User. Specifically, promotional vouchers will be limited to a single holder of payment means, account and telephone number.
MyPoppins reserves the right to request additional documentation from the User if it suspects that accounts are potentially being duplicated in order to benefit that same user with a promotion. MyPoppins reserves the right to withdraw any active promotion without prior notice without harming the Users who are actively enjoying it.
Service cancellations and modifications
The User may cancel a Service at least 24 HOURS in advance. If the User cancels a Service less than 24 hours in advance, the User will be charged for 1 hour of Service, which will be credited to the Poppins who had been assigned to the Service.
In the event that the User wishes to modify a Service, they must do so at least TWELVE HOURS in advance. In the event that it is modified less than 12 hours in advance, the User will be charged for 1 hour of Service, which will be credited to the Poppins who had been assigned to the Service.
All communications should be made via the Platform’s internal messaging system, by telephone on (+34) 671 341 863 or by email at firstname.lastname@example.org. Our operating hours are from 9am to 7pm, Monday to Friday.
The User must respect the aforementioned procedures both for occasionally contracted services and for recurring services.
Platform Upgrades and Changes
MyPoppins may modify these Conditions at any time via email, through the Platform’s internal messaging section, or by publishing the amended terms on the Platform. All amended terms will automatically take effect 30 days after being published.
Moreover, MyPoppins reserves the right to carry out, at any time and without prior notice, upgrades or modifications, and may remove information contained on its Platform in its configuration, presentation and access conditions, without assuming any responsibility for such actions.
MyPoppins’ Intellectual Property
MyPoppins is the owner or licensee of the intellectual and industrial property rights that cover the source code, the contents and the design of the Platform. As a result, MyPoppins has exclusive operating rights over these in general and over the rights of reproduction, distribution, public communication and transformation more specifically, in accordance with Spanish legislation on intellectual and industrial property rights. User authorisation to access the Platform does not imply the waiver, transmission, licence or total or partial transfer of the intellectual or industrial property rights by MyPoppins. Deleting, eluding or manipulating the contents of the MyPoppins Platform in any way is not allowed. Similarly, modifying, copying, re-using, exploiting, reproducing, publicly communicating, making second or subsequent publications, downloading archives, sending by post, transmitting, using, processing or distributing in any way all or part of the contents included on the MyPoppins Platform for public or commercial purposes is not allowed, unless express written authorisation from MyPoppins or, where applicable, the corresponding copyright holder, is given. Additionally, any User who wishes to share any type of content via the Platform, grants MyPoppins a non-exclusive, worldwide and free licence which is limited to the reproduction and public disclosure of such content through the provision of the Platform’s services.
The User excludes MyPoppins and its administrators, agents, subsidiaries, associates and employees from any liability for any complaint, demand or damage of any kind that may arise as a result of a dispute between the User and a Poppins regarding the execution or quality of the provision of the contracted services.
In the event that a dispute arises between Platform users, MyPoppins requests that their Customer Service channel is initially used by sending an email to email@example.com detailing the reasons for the dispute and providing all documentation that may be of interest. MyPoppins will analyse the reasons and the arguments given by both parties and will do its utmost to provide a solution for all parties in the shortest possible time.
Severability of the Clauses
If any of the clauses in these Conditions were null and void or avoidable, they will be deemed severable. Such a declaration of nullity will not invalidate the remaining Conditions which will maintain their validity and effectiveness between the parties.
If any clause in these Conditions was declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect the provision in question or the part thereof that is null or ineffective. The remaining Conditions will be upheld, and such a provision or part thereof that is considered affected will be considered to have been removed.
User Deactivation Applicable Legislation
These Conditions shall be governed by Spanish legislation which will apply to all matters concerning interpretation, validity and execution which are not covered in these Conditions. Additionally, both parties subject themselves, with an express waiver of any other jurisdiction, to the Courts and Tribunals of Barcelona.