Popin App Ltd Terms and Conditions

Effective Date: 04/01/2025

Welcome to Popin App Ltd! These Terms and Conditions ("Terms") govern your use of the Popin App Ltd platform, including any associated services, features, and content provided (collectively, the "Platform"). By accessing or using the Platform, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

1. User Responsibilities

1.1 User Conduct

By using the Platform, you agree that you are solely responsible for your actions and any content that you post, provide, or engage with on the Platform. This includes, but is not limited to:

Ensuring the accuracy and legality of the information you share, such as business profiles, event listings, or transactional data.
Complying with all relevant laws and regulations in your jurisdiction and any jurisdictions in which your business operates or interacts.
Respecting the rights of other users and engaging with them in a professional, courteous manner.

1.2 No Endorsement

Popin App Ltd does not endorse, approve, or guarantee the actions, products, or services offered by users or businesses on the Platform. You are responsible for conducting your own due diligence before entering into any agreements or transactions with other users or vendors.

1.3 Business Liability for Consumer Experiences

If you operate a business or host an event through the Platform ("Popups"), you agree that you are solely responsible for all consumer experiences arising from your activities. This includes, but is not limited to, ensuring that your Popup complies with applicable health and safety standards, local laws, and consumer rights protections.

You accept full liability for any claims, damages, losses, or disputes resulting from consumer interactions, including injury, dissatisfaction, or harm. Popin App Ltd does not assume any liability for consumer experiences at your Popup or for any transactions made through the Platform.

1.4 Responsibility for Pops (Map Entries)

The "Pops" are map entries created and managed by Popups (businesses or event hosts using the Platform). The accuracy, reliability, and completeness of these Pops, including their location, timing, and other details, are solely the responsibility of the Popups who create them.

Popin App Ltd does not verify or guarantee the accuracy or validity of any Pop-related information, including the location or existence of Popups at the specified coordinates.
By using the Platform, you acknowledge and agree that any reliance on the information provided in Pops is undertaken at your own risk.
Businesses hosting Popups agree to indemnify and hold Popin App Ltd harmless for any claims, disputes, or damages arising from inaccuracies, misrepresentations, or other errors in their Pops.

2. Disclaimer of Liability

2.1 Accuracy of Information

Popin App Ltd endeavours to provide accurate and up-to-date information on the Platform, but we make no warranties or representations regarding the accuracy, completeness, or reliability of any content or data available through the Platform. All information is provided "as is" and may change without notice.

2.2 No Responsibility for Transactions

Popin App Ltd is a technology platform that facilitates connections between businesses and consumers. We do not act as an agent, broker, or guarantor of any transactions or agreements made through the Platform. Any agreements, transactions, or arrangements between users, including consumers and Popups, are undertaken at your own risk.

2.3 Use at Your Own Risk

Your use of the Platform is entirely at your own risk. Popin App Ltd will not be liable for any direct, indirect, incidental, or consequential losses, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising from your use of or inability to use the Platform.

2.4 No Guarantee for Pop Accuracy

Popin App Ltd provides the Platform as a tool for users and businesses to connect. We do not guarantee the accuracy, reliability, or availability of Pops listed on the Platform, including but not limited to location details, opening hours, and descriptions.

Popin App Ltd is not liable for:

Any inconvenience, loss, or damages caused by errors or inaccuracies in Pops, including Popups not being present at their stated location or time.
Any reliance on the details provided in Pops by users or consumers.

If you are a consumer or visitor, we recommend contacting the Popup directly to confirm their location and availability before visiting.

3. Limitation of Liability

3.1 Liability Cap

In no event shall Popin App Ltd's total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, exceed the total amount of fees paid by you, if any, in the twelve (12) months preceding the incident that gave rise to the claim.

3.2 Exclusion of Liability

Popin App Ltd excludes all liability for:

Actions, omissions, or information provided by other users or third parties;
The accuracy or timeliness of any content or information on the Platform;
Any unauthorised access to, loss of, or alteration of your data, unless caused by our gross negligence;
Consumer experiences at Popups, including injuries, disputes, or dissatisfaction arising from any Popup or business using the Platform;
Any inaccuracies or omissions in Pops, including but not limited to incorrect location details or event times.

4. User Content and Intellectual Property

4.1 User-Generated Content

You retain all rights to the content you create and post on the Platform. By submitting content, you grant Popin App Ltd a non-exclusive, royalty-free, perpetual, and worldwide licence to use, display, modify, distribute, and adapt your content in connection with the operation of the Platform.

4.2 Intellectual Property Infringement

If you believe that content on the Platform infringes your intellectual property rights, please contact us at [Insert Contact Information] with the relevant details. Popin App Ltd reserves the right to remove infringing content at its discretion.

5. Indemnification

5.1 User Indemnity

You agree to indemnify and hold Popin App Ltd, its affiliates, officers, directors, employees, and agents harmless from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from:

Your use of the Platform;
Your violation of these Terms;
Your infringement of any third-party rights;
Any claims or disputes related to consumer experiences at your Popup or business activity on the Platform.

5.2 Indemnification for Pops and Map Entries

Popups (businesses or event hosts) agree to indemnify and hold Popin App Ltd harmless from any claims, disputes, damages, or losses arising from inaccuracies, omissions, or errors in Pops created on the Platform. This includes but is not limited to claims arising from:

A Popup not being present at the listed location or operating at the stated time;
Misrepresentation or false advertising in the Pop description;
Any consumer grievances related to the accuracy or quality of the Pop information.

6. Termination and Suspension

6.1 Suspension or Termination by Popin App Ltd

Popin App Ltd reserves the right to suspend or terminate your access to the Platform at any time and for any reason, including but not limited to violations of these Terms or misuse of the Platform. Such suspension or termination may occur without notice.

6.2 Termination by You

You may stop using the Platform at any time by deactivating your account. Upon termination, your licence to use the Platform and any content or features provided will immediately cease.

7. Dispute Resolution

7.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. If you access the Platform from outside the United Kingdom, you are responsible for complying with local laws where applicable.

7.2 Mandatory Arbitration

Any dispute arising from or in connection with these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the London Court of International Arbitration (LCIA). The arbitration shall take place in London, England, and the arbitrator’s decision will be final and binding on both parties.

7.3 Class Action Waiver

You agree to resolve any disputes with Popin App Ltd on an individual basis and waive your right to participate in any class action lawsuit or class-wide arbitration.

8. Privacy and Data Use

8.1 Data Collection and Usage

Popin App Ltd collects and uses personal data in accordance with its Privacy Policy. By using the Platform, you consent to the collection, use, and processing of your data as described in our Privacy Policy.

8.2 User Responsibility for Data

You are responsible for ensuring the security, accuracy, and integrity of any data you upload or share on the Platform. Popin App Ltd is not responsible for the loss, corruption, or unauthorised access to your data unless it results directly from our gross negligence.

9. Modifications to the Platform and Terms

Popin App Ltd reserves the right to modify or discontinue the Platform or any part thereof at any time, with or without notice. We may also modify these Terms from time to time, and continued use of the Platform after any changes constitutes your acceptance of the updated Terms.

10. General Provisions

10.1 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue to be valid and enforceable.

10.2 Entire Agreement

These Terms constitute the entire agreement between you and Popin App Ltd regarding the use of the Platform and supersede any prior agreements or understandings, whether written or oral.

Contact Information
For any questions or concerns about these Terms, please contact us at contact@whatspppin.app.