WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1 Welcome to www.poppinscollective.com.au (the “Website”). This Website facilitates interactions between:
a. Parties providing services (“Provider”); and
b. Parties receiving services (“Receiver”),
making it easier for the Receiver and the Provider to locate, communicate, arrange payment, and deliver the services in a fast and secure manner (“Services”).
1.2 The Website is operated by Poppins Collective Pty Ltd (ACN 668 988 172). Access to and use of the Website, or any of its associated products or Services, is provided by Poppins Collective Pty Ltd. Please read these terms and conditions (“Terms”) carefully. By using, browsing, and/or reading the Website, you signify that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
1.3 Poppins Collective Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Poppins Collective Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
2.1 You accept the Terms by:
a. Registering for the Services and/or making any payment as required under the Terms for use of the Services; and
b. Clicking to accept or agree to the Terms where and if this option is made available to you by Poppins Collective Pty Ltd in the user interface.
3. The Services
3.1 In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (“Account”).
3.2 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:
a. Email address;
b. Mailing address;
c. Telephone number; and
d. Full name.
3.3 You warrant that any information you give to Poppins Collective Pty Ltd in the course of completing the registration process will always be accurate, correct, and up to date.
3.4 Once you have completed the registration process, you will be a registered member of the Website (“Member”) and agree to be bound by the Terms.
3.5 You may not use the Services and may not accept the Terms if:
a. You are not of legal age to form a binding contract with Poppins Collective Pty Ltd; or
b. You are a person barred from receiving the Services under the laws of Australia or other countries, including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1 As a Member, you agree to comply with the following:
a. You will not share your profile with any other person.
b. You will use the Services only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
c. You have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services.
d. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Poppins Collective Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware.
e. You must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time.
f. Any content that you broadcast, publish, upload, transmit, post, or distribute on the Website (“Your Content”) will always be accurate, correct, and up to date, and you will maintain reasonable records of Your Content.
g. You agree not to harass, impersonate, stalk, or threaten another Member of the Website.
h. Access and use of the Website is limited, non-transferable, and allows for the sole use of the Website by you for the purposes of providing the Services.
i. You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Poppins Collective Pty Ltd.
j. You will not use the Services or Website for any illegal and/or unauthorised use, which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.
k. You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Poppins Collective Pty Ltd for any illegal or unauthorised use of the Website.
l. You acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Using the Website as the Receiver
5.1 Clients will provide necessary details for the service request.
5.2 Poppins Collective will confirm the availability and match you with a service provider.
5.3 Upon confirmation, Clients shall pay a deposit to Poppins Collective to secure the booking.
6. Payment and Fee Distribution
6.1 The total service cost will be communicated during booking, including the deposit amount.
6.2 Clients shall pay the deposit to Poppins Collective.
6.3 The remaining balance will be paid directly to the Service Provider at the time of service delivery.
7. Service Providers Relationship
7.1 Poppins Collective does not employ Service Providers and is not liable for their actions.
7.2 Service Providers are independent contractors, and their services are at the Client’s own risk.
8. Liability and Disputes
8.1 Poppins Collective is not responsible for Service Providers’ actions or conduct.
8.2 Clients and Service Providers are responsible for resolving disputes independently.
8.3 Clients and Service Providers shall indemnify Poppins Collective from any claims arising from services.
9. Modifications and Termination
9.1 Poppins Collective may modify or terminate services at any time.
9.2 Updated Terms and Conditions will be posted on the Platform.
By using our Platform, you agree to these Terms and Conditions.
10. Using the Website as a Matched Service Provider
10.1 Independent Service Providers: As a matched service provider, you are bound by the Website’s Terms and Conditions and are liable for your own affairs. We recommend you obtain your own insurance coverage for the services you provide.
10.2 Matching Process: By using our platform, you agree to be matched by Poppins Collective with potential clients seeking services in your area of expertise. The matching process is at the sole discretion of the Company, and while efforts will be made to find suitable matches, no guarantees of successful matches are provided.
10.3 Non-Compete Clause: During the term of this agreement and for a period of one (1) year after termination or cessation of your use of the platform, you agree not to directly or indirectly compete with Poppins Collective’s business. You shall not solicit or entice any customer, client, or user of the Website for any competing services or business.
10.4 Qualifications and Compliance: As a service provider on our platform, you must possess all necessary and relevant qualifications, licenses, certifications, and permits required by law to provide the services you offer. It is your responsibility to ensure that these qualifications are valid, up-to-date, and compliant with applicable regulations throughout your engagement with the Website.
10.5 Qualification Updates: You agree to promptly update Poppins Collective with any changes or updates to your qualifications and provide supporting documentation as requested by the Company. Failure to update qualifications may result in suspension or termination of your account on the platform.
10.6 Service Provision: While using the Website as a matched service provider, you shall:
a. Deliver services in a professional, diligent, and competent manner, adhering to industry standards and best practices.
b. Clearly communicate to clients the scope, details, and fees associated with the services you provide.
c. Respect and adhere to the agreed-upon schedules and timelines with clients.
d. Uphold the highest ethical standards and avoid any actions that may harm the reputation of Poppins Collective or its customers.
10.7 Intellectual Property: You understand and acknowledge that any materials, content, or intellectual property provided by you to Poppins Collective for the purpose of delivering your services shall remain your property. However, you grant Poppins Collective a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display such materials solely for the purpose of facilitating the services through the Website.
10.8 Liability and Indemnification: You agree to indemnify and hold harmless Poppins Collective, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising out of your use of the platform or the services you provide through the Website.
10.9 Termination: Poppins Collective reserves the right to terminate your access to the platform at any time, with or without cause. In the event of termination, you must cease using the Website as a matched service provider immediately.
10.10 Governing Law and Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the laws of Australia. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Australia.
11. Subscription Term
11.1 By subscribing to our service, you agree to a minimum subscription term of three (3) months. After the initial three months, you may cancel your subscription at any time by providing fourteen (14) days’ written notice to [email protected]. Your subscription will terminate ten (10) days after we receive your cancellation notice.
11.2 A ten (10) day cooling-off period applies, during which you may cancel your subscription without penalty.
12. Billing and Payment
12.1 Subscription fees will be billed on a monthly basis. Payments are due in advance for each subscription period. All fees are non-refundable, except as required by law.
12.2 Late Payment Fees
All invoices issued by Poppins Collective Pty Ltd are due for payment within 7 days from the date of issuance, unless otherwise agreed upon in writing. If payment is not received by the due date, a late fee of $7.00 per day will be applied to the overdue amount.
The late fee will accrue daily until full payment of the outstanding invoice, including all late fees, is received. The late fee is intended to cover the additional administrative costs and inconvenience caused by the delay in payment.
In the event of continued non-payment, Poppins Collective Pty Ltd reserves the right to suspend or terminate any services provided to the client, and may pursue further legal action to recover the outstanding debt, including all applicable late fees and associated costs.
By engaging our services, you agree to these payment terms and acknowledge the late fee policy.
13. Changes to Terms and Conditions
13.1 Poppins Collective reserves the right to modify these Terms and Conditions at any time. We will notify you of any changes by posting the new Terms and Conditions on our website. Your continued use of the service after any changes constitutes your acceptance of the new Terms and Conditions.
14. Governing Law
14.1 These Terms and Conditions are governed by the laws of Australia. Any disputes arising from these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Australia.
15. Contact Information
15.1 For any questions or concerns, please contact us at [email protected].