Last updated – 20 May 2021
The Merchant agrees that the use of this Website is subject to the Terms and Conditions set out below and as updated from time to time. Poppinspree only grants access to the services on the Website or part thereof if the Merchant agrees to the applicable Terms and Conditions. By using and continuing to use the Website, the Merchant has agreed to all Terms and Conditions of use for the Website. By using the Website, the Merchant is warranting to have the authority to bind your company. Poppinspree reserves its sole right and discretion to decide whether the Merchant may become and continue to be a Merchant on the Website.
Definition of Terms
‘Agreement’ means these Terms and Conditions for the Website made available on the Website and as amended from time to time and shall include all addendums, appendixes, annexures, codes, guidelines and policies referred to herein;
‘Customer’ means any Buyer, or consumer registering/subscribing (with or without payment), as required by Poppinspree, to the services available on the Website who is subject to this Agreement and ‘you’ or ‘your’ wherever found in this Agreement shall also mean the Customer;
‘Data Processing Agreement’ means the data processing Agreement incorporated into this Agreement in Appendix 5;
‘Poppinspree’ means the owner of the Website and Poppinspree Pte Ltd, a company duly registered in Singapore with the company number 2021;
‘Marketplace’ means the online service made available on this Website for listing and promoting services and Products made available by Merchant;
‘Parties’ shall mean Merchants, vendors, Sellers or Buyers on the Website;
‘Products’ shall mean products, services, information, advertisement or other material offered, sold, provided, uploaded, downloaded, requested, purchased or obtained by you or other Parties through the service on the Website;
‘Merchant’ means any vendor, seller and user who carries on business as a supplier of Products and services in Singapore or in any South East Asia countries and registering/subscribing (with or without payment), as required by Poppinspree, to the services made available on this Website who is subject to this Agreement;
‘Transaction’ means the individual exercises entered into in respect of the Products, between Buyer and Seller or each of them with Poppinspree, using the services on the Website;
‘Transaction Charges’ means the commission that is charged to the Seller for the sale of a product on the Website;
‘Transaction Price’ means the aggregate of the listed price of the Product procured by the Buyer and payable by the Buyer to the Seller or the Parties to us;
‘Website’ means the Website or mobile app known as Poppinspree and found at Poppinspree.com and all subpages thereof excluding links to external sites;
‘Your Data’ means information relating to you limited to that the Buyer, the Merchant or a trading partner, or other data sources, provide or send on or to the Website or Poppinspree, in the course of using the services including Transaction details, exchanges, customer and supplier information, personal data, marketing, technical, Product, sales, profile information and other related information.
1. General Terms
1.1. Poppinspree reserves the right to amend these Terms and Conditions and this Agreement at any time with or without notice. Unless stated otherwise, the amended Terms and Conditions will be effective immediately upon posting. The Merchant remains at all times responsible for ensuring that it is aware of the current Terms and Conditions of use. Continued use of the Website constitutes the Merchant’s acceptance of the amended Terms and Conditions and this Agreement.
1.2. Use of the Website and the services occurs, not limited to when you access any page to register/subscribe as a Customer on the Website, transact on the services provided by Merchant, placing an order through the marketplace or submit any content to promote your company or a request for reference.
1.3. The Merchant accepts full responsibility for its use of and/or participation in the Website, the services and any Transactions.
2. General Subscription
2.1. Each Merchant intending to use the services shall register/subscribe (with or without payment) on the Website and to the services as required by Poppinspree.
2.2. Where relevant, Transaction Charges applicable currently shall be published here in Appendix 2. Transaction Charges may change from time to time and will be published before the changes are effective.
2.3. For the avoidance of doubt, the Transaction Charges are not refundable in any event and under any circumstances whatsoever.
2.4. As provided in these Terms and Conditions, in the event of default in payment, Poppinspree reserves the right to terminate this Agreement in whole or part and thereafter at any time, cancel any registration/subscription without notice. Poppinspree shall not be liable for any loss or damages as a result of such termination cancellation or suspension even if such losses or damages are brought to our attention.
3. Services
3.1. From time to time Poppinspree may make available services (as listed in Appendix 1) to Merchant which shall be subject to separate Terms and Conditions in addition to the terms herein including additional restrictions, limitations and prohibitions as well as penalties for any violations.
3.2. The Parties shall be responsible to refer to the currently applicable Terms and Conditions imposed for every Transaction and each Product on the Website by the Buyer, Merchant or Poppinspree respectively as the case may be.
3.3. The Transaction Price for every Transaction shall be stated on the Website and shall be payable in full by the procuring party. Poppinspree reserves the right to amend the Transaction Price listed at any time without giving any reason or prior notice.
3.4. Each of the Merchant has final responsibility for all decisions regarding the management of its subscription to the Website and operation of each individual.
3.5. Transactions in the course of marketing, participating or accessing the Website and the services and there shall be no recourse to Poppinspree for any loss or damage suffered as a result of such decisions.
4. Transaction Charges
4.1. Merchants are subjected to pay the relevant Transaction Charges to Poppinspree for using the Website and its services and for each individual Transaction on the Website or mobile app.
4.2. The Transaction Charges applicable currently shall be published here in Appendix 2 and shall be payable in the manner set out in Appendix 2. Transaction Charges may change from time to time and will be published before the changes are effective.
4.3. For the avoidance of doubt, the Transaction Charges include – Payment Gateway Fees, Administrative Fees, Platform Commissions. Transaction Charges are not refundable in any event and under any circumstances unless otherwise stated in writing.
5. Using the Services
5.1. You agree to comply with any and all guidelines, notices, operating rules, policies and instructions pertaining to the use of the services and/or access to the Website, as well as any amendments to the aforementioned, issued by Poppinspree, from time to time. Poppinspree reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website.
5.2. Poppinspree shall endeavor to take all reasonable steps to protect the Buyer, Merchant, Poppinspree Website and/or services and Poppinspree reserves the right to refuse any request to use, remove any access to, disapprove and block any use or attempt to use the services if it may result in any potential confidentiality, security, legal risk or other risks.
5.3. Without limiting the above, you agree and undertake to
5.3.1. not misuse the services, the Website or the property of Poppinspree;
5.3.2. not interfere with the services or try to access them using a method other than the interface and the instructions that we provide;
5.3.3. use the services only as permitted by law and regulations and not attempt to publish, distribute or prepare derivative works, copy or reverse engineer the services;
5.3.4. not upload, post, email, transmit or otherwise or make available any material that
5.3.5. not use the Website or services for material or Products including the following:
5.3.6. Poppinspree shall have the right, but not the obligation, to
6. Payment Methods
6.1. The payment methods available on the Website are listed in Appendix 2 and may be provided by Poppinspree directly or through approved third parties including the payment gateway provider.
6.2. For each Transaction, the buyer agrees to pay the full Transaction Price listed for the Transaction to the Merchant or Poppinspree as the case may be, through the payment methods provided for by us.
7. Information and Confidentiality
7.1. The Website is set up to provide a service to Buyers and Sellers, to extend their network, expand their business. Any information (other than Your Data) about the processing capabilities of the Website or the services, the technology or interface features of the services, and the notice and updates sent to you by Poppinspree is proprietary and confidential to Poppinspree and/or other third parties who it originated from. You undertake not to use or disclose such confidential information to third parties for any purpose other than strictly for the use of the services. You agree to abide by our data policy and privacy statement (provide a link here) at all times.
7.2. You acknowledge that we agree not to disclose but protect, maintain and/or to use Your Data to provide the services herein in accordance with this Agreement and our data policy and privacy statement.
7.3. You acknowledge that Your Data (other than sensitive data) submitted to the Website may be published in certain circumstances e.g. if you are providing a business contact, that person’s name, phone and email address will likely be visible to buyers and delivery courier service providers. If you are posting any information on the marketplace, you will ensure that Your Data does not contain any sensitive information.
7.4. Any sensitive information that you provide to Poppinspree will not be published. Such information may be shared with companies who work on our behalf, such as agents, service providers, licensors, data/server centers, payment processors, payment gateway agencies and/or credit agencies for the provision of the services on a need basis. Credit card, billing and payment information shall be used solely for the purposes of checking credit, effecting payment to Poppinspree and servicing your account. such information will be handled subject to legal requirements and data policy and privacy statement. You acknowledge that all Buyer’s postings are not sensitive information and will be automatically forwarded to the selected Merchants. Your response to posting will only be made available to the relevant Buyer or Merchant authoring the request or response as the case may be. Any bids submitted by the selected Merchant in response to your request will be disclosed to you.
7.5. You agree that any personally identifiable information (personal data) cannot be disclosed without the consent of the person. You warrant that you have the necessary permission and consents to forward Your Data to the Website (e.g. proprietary information or personal data) and you are aware that we may share such information with third parties. You agree to cease the use of and expunge such information in your possession in the event such permission and consent are withdrawn. You will not disclose personal data you receive to a third party.
7.6. You undertake to be solely responsible for complying with all applicable privacy, consumer and other laws and regulations in respect of your use of the services including the provision use and disclosure of billing information, personal data not limited to transfer of data outside Singapore as the case may be.
7.7. You undertake that all information provided to Poppinspree is accurate, complete and current and you undertake to maintain and update Your Data on the Website from time to time. You also undertake to confirm the accuracy of any information you received before relying on it.
7.8. Poppinspree has secured the Merchant’s consent to provide all relevant communications by Merchant to the Buyer where necessary. You hereby acknowledge and agree that we shall be permitted to provide all relevant communications by Buyer to Merchant or third parties. You acknowledge that we have secured the advertiser consent to provide all relevant communications by the advertiser to the Buyer or Merchant where necessary.
7.9. You acknowledge that Website may have a feature that allows Buyers to provide ratings, reviews, references about their experience dealing with each of the Merchant or to delist a Merchant as set out in Appendix 2 and agree that we are not the author of the ratings, reviews, references or delisting. You hereby consent to Poppinspree displaying your ratings, reviews, references and any delisting of a Merchant (notwithstanding that we may choose to remove postings at our sole discretion). When you choose to post a reference, you undertake that it is not a reference about yourself and it reflects your honest opinion of a Merchant. Poppinspree shall not be liable to the Buyer, Merchant or any third parties for any rating, reviews, references provided or delisting.
7.10. By agreeing to these Terms and Conditions, you agree to allow Poppinspree to include each of the Buyer’s or Merchant’s information respectively in our database and to use the information in our profile to present your capabilities to a potential supplier.
7.11. Where you have access to information about Buyers and/or Merchant, you undertake not to disclose the information and/or to use the information for purposes other than to facilitate interaction with Buyers and/or Merchants or as provided herein. You may only use information from the Website that is not confidential to create any derivative works but subject always to the Terms and Conditions herein.
7.12. The restrictions in this section do not apply to information that is already public nature, through no fault attributable to a party or information is already known to the other party prior to the party’s disclosure or disclosed under the operation of the law or is disclosed by a party with the written consent of the other party.
7.13. Any Transaction, exchanges, information uploaded by you onto the Website whether or not in connection with any services are not our responsibility (except for our proprietary information) and are between Buyers, Merchants and/or third parties. Any links appearing on the Website to other websites are for the purpose of convenience only and the links and the contents of those websites are not in any way endorsed by us. Poppinspree is also not responsible for the loss of Your Data and you shall ensure that the necessary steps are in place for data reconstruction if there is a loss.
7.14. Your Data may be accessed from the Website for a limited period only as set out in Poppinspree’s data retention policy. Any further request for retention shall be chargeable as a service.
8. Intellectual Property and Indemnity
8.1. Any information provided by Poppinspree is subject to copyright trademark and other proprietary rights and shall not be reproduced, copied, disclosed, provided or resold in either its original form or in any form to any person (other than you). Poppinspree grants you a non-exclusive, non-transferable license to print and download content on the services solely for your non-commercial use to facilitate interaction between Buyers and/or Merchant provided you maintain the copyright notice and any other notice that appear on any such copies.
8.2. Poppinspree hereby agrees to defend, indemnify, and hold you harmless from any third party claims against you that a service infringes any intellectual proprietary rights of a third party (“IP Claim”), provided that you:
8.3. Following notice of an IP claim or any facts which may give rise to such IP claim, Poppinspree may, at its sole discretion and at its option do the following but (save and except such IP claim would have been avoided by your non-combined or independent use of the services)
8.4. Subject to the above, Poppinspree shall pay any final award of damages assessed against you resulting from such IP claim, including any awarded costs and solicitors’ fees, or any settlement amount agreed to by Poppinspree in writing save that Poppinspree will not be responsible for any settlement that Poppinspree does not approve in writing prior to such settlement.
8.5. Notwithstanding anything else herein to the contrary, the foregoing states Poppinspree’s entire liability and your sole and exclusive remedy for infringement of intellectual property rights or allegations thereof.
8.6. You agree to only submit Your Data and other information to a service if you have the right to reproduce, disclose, and distribute such information. You agree that Poppinspree, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Website listings (including links to your Website) for the purpose of advertising or publicizing your use of the service.
8.7. You agree to defend, indemnify, and hold harmless Poppinspree for any third party claim brought against Poppinspree alleging that Your Data and the material you submitted to the Website infringes the intellectual property laws or rights of others (“improper content claim”). In the event of third-party claim, Poppinspree shall
9. Termination and Cancellation
9.1. The subscription to the Website for the period stated shall continue unless terminated by the Merchant or Poppinspree as the case may be. Any notice to terminate must be in writing and received by Poppinspree thirty (30) days prior to termination of the Merchant account.
9.2. You may terminate this Agreement (along with your use of the service) if you are dissatisfied with the service or with any term, condition, rule, policy, guideline or practice of Poppinspree in operating the service. Your sole and exclusive remedy in case of such termination is to discontinue using the service.
9.3. You acknowledge and agree that Poppinspree reserves its rights to terminate, cancel or suspend your subscription and /or the services in whole or part (not limited to) with or without notice where
9.3.1. you are in breach or potential breach of the Terms and Conditions herein, any regulatory requirements, guidelines or any applicable law;
9.3.2. upon your insolvency, requests by law enforcement or other government agencies;
9.3.3. on your request to discontinue use of the services;
9.3.4. It is reasonable to do so to protect the Buyer, Merchant, Poppinspree, Website and/or services as the case may be from any potential confidentiality, security, legal risk or other risks;
9.3.5. Poppinspree has any reasonable grounds to believe that your Merchant account should be terminated.
9.4. Poppinspree also reserves the right to withdraw the services or any part thereof at any time without notice and we shall not be obliged to provide any explanation for the withdrawal.
10. Warranties, Disclaimers, Indemnity, and Limitations
10.1. Poppinspree warrants that it has full power and authority to provide you with the services and to grant you the rights granted herein. To make a claim that service fails to comply with the warranty, you must identify the non-conformity in a written notice delivered to Poppinspree within thirty (30) days of first use of the service. Your sole and exclusive remedy, and our entire liability for breach of this limited warranty shall be the correction of the warranted nonconformity in the service.
10.2. You expressly understand and agree that: The use of the Website and the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Poppinspree, its subsidiary and related companies, affiliates, officers, employees, agents, partners, licensors expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement in connection with the Website, any material therein, the services and in relation to any trading partner you deal with.
10.3. You acknowledge that Poppinspree, it’s subsidiary and related companies, affiliates, officers, employees, agents, partners, licensors, other Buyers and Merchants make no warranty that
10.4. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or equipment or loss or recovery of data that results from the download of any such material.
10.5. You understand and accept the Transaction risks involved and shall carry out due diligence to meet your risk appetite and undertake the necessary risk management steps before subscribing to the services.
10.6. You agree that you will not hold Poppinspree or our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from any Transactions, including any breach, partial performance or non-performance of the Transaction by the other party to the Transaction or any cancellation or withdrawal of the services, Products or Transaction.
10.7. You agree to indemnify Poppinspree and its affiliates, employees, directors, officers, agents, partners, and Merchants against actual, special, incidental or consequential damages) arising out of or in connection with such Transaction.
10.8. Poppinspree reserves the right, at its own discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Poppinspree in asserting any available defenses.
10.9. You expressly understand and agree that notwithstanding anything else stated to the contrary, Poppinspree, its subsidiary or related company, affiliate, officer, agent, employee, other Buyers and Merchants shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, or for any loss of profits, goodwill, use, data, reputation, business disruptions or other intangible losses, regardless of whether it has been advised of the possibility of such damages, resulting from:
10.10. The Transaction risks and any other matter relating to the Website, Poppinspree, service, the materials or the Products.
10.11. Nothing in this Terms and Conditions shall limit our liability for death or personal injury resulting from our gross negligence or willful misconduct.
11. Notices
11.1. All notices sent to the other party must be in the English language and be in writing.
11.2. Any notices issued by Poppinspree to you shall be sent by email to you to the designated email address provided by you during the registration process and shall constitute proper notice under these Terms and Conditions. You agree to keep Poppinspree updated on any changes to the designated email addresses. Poppinspree shall be under no obligation to verify email fax or telephone numbers provided by you or to confirm receipt of the notice. all legal notice shall be sent to your latest registered business address.
11.3. Any notices to be sent to Poppinspree shall be sent as follows:
With the following information:
11.4. Any notice sent by email shall not be binding unless acknowledged receipt by Poppinspree.
12. General Provision
12.1. Entire Agreement. All Terms and Conditions incorporated by reference including addendums, appendixes, annexures, codes, guidelines and policies to these Terms and Conditions shall all form an integral part of this Agreement herein and shall bind the Customer and Merchant respectively as the case may be. These Terms and Conditions constitute the entire Agreement between you and Poppinspree and govern your use of the services, superseding any prior understandings, statements, representations and Agreements between Poppinspree in relation to the service. in the event of any discrepancies between the Terms and Conditions and any specific provisions in the appendixes or addendums, the specific terms shall override the general clauses.
12.2. Each party shall be and act as an independent contractor of the other and shall not bind nor attempt to bind the other to any contract. no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by this Agreement.
12.3. Choice of law and forum. These services may only be accessed in Singapore, these Terms and Conditions, the services and the relationship between you and Poppinspree shall be governed by the laws of Singapore without regard to its conflict of law provisions. you agree to submit to the non-exclusive jurisdiction of the courts of Singapore.
12.4. Mediation. Poppinspree shall at its sole discretion and without any liability decide to mediate any disputes arising between Buyer, Merchant and/or third parties and give effect to any decision arrived at by the Parties. In the event Poppinspree agrees to mediate the dispute, the Parties shall bear any additional charges and costs imposed by us.
12.5. Alternative dispute resolution. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof between Buyer or Seller as to the case may be, with Poppinspree, shall be decided by arbitration in accordance with the rules for arbitration of the Singapore centre for arbitration.
12.6. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by conciliation/mediation in accordance with the rules for conciliation of the Singapore regional centre for arbitration.
12.7. Poppinspree’s records. In case of any dispute in connection with any Transaction, the services, this Agreement or the Website, the records of Poppinspree’s shall take precedence and be conclusive.
12.8. Waiver and severability of terms. Poppinspree’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision herein is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision and to construe these Terms and Conditions to the maximum extent permitted by law so as to render that provision valid and enforceable, and all other provisions herein remain in full force and effect.
12.9. No right of survivorship and non-transferability. You agree that your account is non-transferable and any rights to your username and password within your account shall cease upon termination of this Agreement. Poppinspree may from time to time assign or delegate certain of our rights and responsibilities to independent contractors or third parties who will be bound by the same Terms and Conditions as herein stated.
12.10. Statute of limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12.11. Taxes and other obligations. Unless stated otherwise, all prices, Fees, charges or such other payments due under this Agreement are exclusive of the cost of shipping, insurance, Fees, taxes, title, licenses, fines, permits, handling, transportation and storage. You are responsible for paying all such taxes, government charges and complying with such other obligations and all reasonable expenses and solicitor’s Fees we incur collecting late or defaulted amounts.
12.12. English version prevails. In the event that these Terms and Conditions are translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
Appendix 3: Cancellation Policy
Cancellation of Order refers to the act of terminating an order either from the Buyer or Merchant side due to various reasons.
1) Application for Cancellation
2) Requirement for Cancellation
Appendix 5: Privacy & Data Policy
We take our Customers and Merchants personal information very seriously and will only use them in accordance to what is stated below. We will only collect information where it is necessary for Poppinspree to do so and we will only collect information if it is relevant to our dealings with you. You can always visit our landing page and marketplace while remaining completely anonymous. We can only track you if you are a registered user with an ID and a password.
If you have any comments or suggestions, contact Poppinspree
1) Collection of Personal Information
The personal information we collect from you will be used in some or all of the following ways:
2) Refreshing your Personal Information
You can refresh your own data whenever by getting to your record on Poppinspree site.
3) Security of your Personal Information
Poppinspree guarantees that all data gathered will be securely and safely put away. we secure your own data by:
4) The revelation of Personal Information
5) Gathering of Computer Data
6) Changes to the Privacy and Data Policy
Poppinspree reserves the right to amend these Privacy & Data Policy at any time with or without notice. Any changes to this policy will be published on our site.
7) Objections about Breaches of Security
If you are not satisfied in which Poppinspree handles your enquiry or objection, kindly get in touch with Poppinspree
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